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The Online Consignment Agreement is essential for businesses operating online marketplaces in Australia where sellers consign their goods to be sold through the platform. This document is particularly relevant in the growing e-commerce sector where platforms facilitate sales between sellers and end customers. The agreement encompasses crucial elements including commission structures, listing procedures, payment terms, and compliance with Australian regulations such as the Electronic Transactions Act 1999 and Australian Consumer Law. It is designed to protect both the platform operator and sellers while ensuring transparent operations and clear accountability. The agreement is commonly used by online marketplaces, retail platforms, and specialized e-commerce sites that operate on a consignment model within the Australian jurisdiction.

1. Parties: Identification of the consignor (platform operator) and consignee (seller)

2. Background: Context of the agreement, business purpose, and relationship between parties

3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules

4. Platform Services: Description of the online platform and services provided

5. Consignment Terms: Core terms of the consignment arrangement including listing, storage, and handling of goods

6. Pricing and Commission: Commission structure, pricing rules, and payment terms

7. Listing and Sales Process: Requirements and procedures for listing items and completing sales

8. Delivery and Shipping: Shipping arrangements, responsibilities, and timeframes

9. Returns and Refunds: Policies and procedures for handling returns and refunds

10. Representations and Warranties: Parties' promises regarding their capacity, authority, and goods

11. Compliance and Legal Requirements: Obligations to comply with relevant laws and regulations

12. Intellectual Property: Rights and restrictions regarding use of IP, including product images and descriptions

13. Confidentiality: Protection of confidential information and trade secrets

14. Liability and Indemnification: Risk allocation, limitations of liability, and indemnification obligations

15. Term and Termination: Duration of agreement and termination provisions

16. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution