1. Definitions

1. 1.1“Consignment Period” means the 90-day period beginning on the date an item is accepted and logged into our system.
2. 1.2“Consignment Agreement” means these terms together with the intake form completed at the time of drop-off.
3. 1.3“Item” means any product submitted by the Consignor for sale through Kindly Kept.
4. 1.4“Sale Price” means the price at which an Item is sold to a buyer, inclusive of GST where applicable.
5. 1.5“Consignor Proceeds” means 60% of the Sale Price, less any applicable deductions set out in these terms.

2. Acceptance of Items

1. 2.1Kindly Kept reserves the right to accept or decline any Item at our sole discretion. Submission of an item does not guarantee acceptance.
2. 2.2Items must be clean, complete, and in working order. We do not accept items that are damaged, missing safety-critical components, subject to a product recall, or that fail to meet our published condition standards.
3. 2.3 We do not accept the following categories under any circumstances:
   • Car seats that have been involved in a vehicle accident, regardless of visible damage
   • Car seats that have passed their manufacturer-stated expiry date
   • Open-system breast pumps
   • Any item that has been subject to a safety recall that has not been remediated by an authorised service
4. 2.4 By submitting an Item, you represent and warrant that:
   1. (a)you are the legal owner of the Item or are authorised to sell it on behalf of the owner;
   2. (b)the Item is free from any finance, security interest, or encumbrance registered under the Personal Property Securities Act 1999 (NZ);
   3. (c)the Item has not been involved in any accident, flood, fire, or other event that may affect its safety or function, and that you have disclosed any such history in writing at the time of submission;
   4. (d)the Item is safe for its intended use and complies with all applicable New Zealand product safety standards and regulations;
   5. (e)all information provided about the Item is accurate and complete.
5. 2.5If any warranty in clause 2.4 is found to be untrue after acceptance, Kindly Kept may withdraw the Item from sale immediately, return it to you at your cost, and recover from you any loss, liability, or cost we incur as a result.

3. Pricing

1. 3.1Kindly Kept sets the sale price for all consigned Items. We take into account brand, condition, original retail price, and current market demand.
2. 3.2We may, at our discretion, reduce the price of an Item during the Consignment Period to facilitate a sale. We will not reduce the price to less than 50% of the originally agreed price without notifying you first.
3. 3.3You may request a specific minimum price at the time of drop-off. We will record this on the intake form. If we are unable to achieve that minimum, we will contact you before proceeding.

4. Consignor Proceeds

1. 4.1Kindly Kept retains 40% of the Sale Price as a service fee. The remaining 60% constitutes the Consignor Proceeds.
2. 4.2Consignor Proceeds are paid by direct bank transfer to the account nominated by you on the intake form. Payments are processed on the 15th of each month for all sales completed in the prior calendar month.
3. 4.3You are responsible for providing accurate bank account details. Kindly Kept accepts no liability for misdirected payments resulting from incorrect details provided by you.
4. 4.4Consignor Proceeds will not be paid until the buyer’s payment has been received and cleared in full by Kindly Kept.
5. 4.5GST: If you are GST-registered, it is your responsibility to notify us in writing at the time of submission. You are responsible for your own GST obligations. Kindly Kept is not responsible for providing tax invoices on your behalf unless a separate arrangement is agreed in writing.

5. Consignment Period and Unsold Items

1. 5.1The Consignment Period is 90 days from the date of acceptance.
2. 5.2 At the time of drop-off, you must elect one of the following options for unsold Items at the end of the Consignment Period:
   1. (a)Collection by you, at your cost and within 14 days of the end of the Consignment Period; or
   2. (b)Donation to a charity nominated by Kindly Kept.
3. 5.3Your election will be recorded on the intake form and is binding. If you elect collection but fail to collect within 14 days of the end of the Consignment Period, we reserve the right to donate the Item to charity without further notice and without liability to you.
4. 5.4We will attempt to contact you by email or phone before donating any uncollected Item. However, failure to reach you does not affect our right to donate under clause 5.3.
5. 5.5Kindly Kept is not responsible for storing Items beyond the Consignment Period.

6. Ownership and Risk

1. 6.1Ownership of an Item remains with you until the Item is sold to a buyer and payment is received by Kindly Kept.
2. 6.2While Items are in our care, Kindly Kept will take reasonable steps to keep them secure and in good condition. We are not an insurer of consigned goods.
3. 6.3Kindly Kept’s liability for loss of or damage to an Item while in our care is limited to the Consignor Proceeds that would have been payable had the Item sold at the agreed price. We are not liable for indirect or consequential loss.
4. 6.4We strongly recommend that you maintain your own contents or personal property insurance over consigned Items for the duration of the Consignment Period.
5. 6.5Risk of loss passes to the buyer at the point of sale. Until that time, you accept that ordinary retail risk — including theft — remains a possibility and that our liability is limited as set out in clause 6.3.

7. Withdrawal of Items

1. 7.1You may request to withdraw an Item before it sells by contacting us in writing. We will use reasonable efforts to accommodate withdrawal requests, but cannot guarantee immediate removal from sale, particularly for online listings.
2. 7.2Items must be collected within 7 days of a withdrawal request being confirmed by us.
3. 7.3A withdrawal fee of 25% of the agreed sale price per item applies to cover handling and re-photography costs incurred by Kindly Kept.

8. Prohibited Items and Misrepresentation

1. 8.1You must not submit any Item that is stolen, subject to a suppression order, or otherwise unlawfully held.
2. 8.2If Kindly Kept becomes aware or reasonably suspects that an Item is stolen or unlawfully held, we reserve the right to immediately remove the Item from sale, retain it, and report the matter to New Zealand Police. You will not be entitled to any proceeds in relation to such an Item.
3. 8.3You indemnify Kindly Kept against any claim, loss, liability, or expense (including legal costs) arising from a breach of clause 2.4 or 8.1.

9. Photography and Marketing

1. 9.1By submitting an Item for consignment, you grant Kindly Kept a non-exclusive, royalty-free licence to photograph the Item and use those photographs and descriptions for marketing, sale, and promotional purposes, including on our website and social media channels.
2. 9.2This licence continues after the Consignment Period for archival and marketing purposes, unless you request in writing that images be removed.

10. Privacy

1. 10.1Kindly Kept collects personal information from Consignors for the purposes of administering the consignment relationship, processing payments, and communicating with you about your Items.
2. 10.2We handle personal information in accordance with the New Zealand Privacy Act 2020. Our full Privacy Policy is available at kindlykept.co.nz/policies/privacy-policy.
3. 10.3We do not share your personal information with third parties except as required to process payments or as required by law.

11. Disputes

1. 11.1If you have a concern about how your Item has been handled, please contact us in the first instance at hello@kindlykept.co.nz. We will respond within five business days.
2. 11.2These terms are governed by the laws of New Zealand. Any dispute that cannot be resolved between the parties may be referred to the Disputes Tribunal of New Zealand if it falls within the Tribunal’s jurisdiction, or otherwise to the courts of New Zealand.

12. Amendments

1. 12.1Kindly Kept may update these terms from time to time. The version of the terms in force at the time of your submission will govern that consignment relationship. Updated terms apply to new submissions only.

13. General

1. 13.1If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force.
2. 13.2These terms, together with the intake form completed at drop-off, constitute the entire agreement between the parties with respect to the consignment of Items.
3. 13.3No waiver of any breach of these terms constitutes a waiver of any subsequent breach.