Consignment Agreement

1. Definitions

Terms defined in the COMCA Master Terms & Conditions have the same meaning in this Agreement.

“Consigned Items” means any trading cards or collectibles submitted to COMCA for storage, listing, or sale.

“Net Sale Proceeds” means the sale price received by COMCA, less applicable fees, charges, taxes, and adjustments.

“Payout Method” means your nominated Stripe Connect account or other approved payment method.

2. Consignment Relationship

2.1 You appoint COMCA as your non-exclusive agent to store, catalogue, image, list, and sell Consigned Items on your behalf.

2.2 COMCA may determine listing format, categorisation, pricing recommendations, and presentation to optimise marketplace performance.

2.3 COMCA does not guarantee sale, price, demand, or market performance.

3. Ownership & Authority

3.1 You warrant that you are the lawful owner of all Consigned Items or have full authority to consign them.

3.2 Title remains with you until an item is sold, abandoned, or liquidated under these Terms.

3.3 You must not consign counterfeit, stolen, or prohibited items.

4. Intake, Verification & Evidence

4.1 All Consigned Items must be accompanied by a complete manifest including quantity, title, set, and Declared Value.

4.2 COMCA may weigh, scan, photograph, and record items on intake. These records constitute prima facie evidence of condition and quantity unless you demonstrate a clear error within three (3) business days.

4.3 Items not listed on the manifest are not accepted into inventory and cannot be claimed as missing, except as required under the ACL.

5. Listing, Pricing & Marketplace Rules

5.1 COMCA may standardise titles, set codes, attributes, and metadata for accuracy and consistency.

5.2 You may set your own prices or use COMCA’s pricing tools. COMCA may recommend pricing adjustments but will not change your price without your consent unless:

• the price is clearly erroneous;
• the listing violates marketplace rules;
• the price is inconsistent with the item’s category or metadata.

5.3 You must comply with all marketplace rules, including prohibited conduct, listing accuracy, and user behaviour requirements.

6. Sales, Fulfilment & Returns

6.1 When a Consigned Item sells, COMCA will:

• pick, pack, and ship the item to the buyer;
• collect payment;
• deduct applicable fees;
• remit Net Sale Proceeds to your Payout Method.

6.2 COMCA may cancel or reverse a sale where:

• fraud is suspected;
• the buyer initiates a chargeback;
• the item is found to be materially misdescribed;
• required by law or marketplace policy.

6.3 If a buyer return is approved under COMCA’s Returns Policy, the item will be returned to your inventory unless:

• the item is damaged beyond resale;
• the return is fraudulent;
• you are responsible for the misdescription.

7. Fees & Deductions

7.1 Fees are published on the COMCA platform and may include:

• consignment fees;
• marketplace fees;
• fulfilment fees;
• storage fees;
• withdrawal or shipping fees;
• insurance fees (optional).

7.2 COMCA may deduct fees from sale proceeds or charge your nominated payment method.

8. Payouts & Holds

8.1 Payouts are made via Stripe Connect or another approved method.

8.2 Payouts may be delayed or held where:

• identity verification is incomplete;
• fraud or chargeback risk is detected;
• unusual activity is identified;
• required by law or Stripe’s compliance rules.

8.3 COMCA is not responsible for delays caused by Stripe or third-party payment processors.

9. Storage, Abandonment & Withdrawal

9.1 Consigned Items remain in COMCA’s warehouse until sold, withdrawn, or abandoned.

9.2 You may request withdrawal of items at any time, subject to:

• outstanding fees;
• holds or investigations;
• reasonable processing time.

9.3 Items may be deemed abandoned if:

• your account is inactive for twelve (12) months;
• you fail to respond to contact attempts;
• fees remain unpaid for sixty (60) days.

9.4 Abandoned items may be liquidated to recover outstanding amounts.

10. Liability & Declared Value

10.1 COMCA’s liability for loss or damage is limited to the lesser of:

• the Declared Value; or
• AUD $100 per item, unless optional insurance has been purchased.

10.2 COMCA is not liable for:

• market fluctuations;
• grading outcomes;
• indirect or consequential loss;
• sentimental value.

10.3 Nothing in this Agreement limits non-excludable ACL rights.

11. Counterfeits & Prohibited Items

11.1 If COMCA reasonably believes an item is counterfeit, altered, or prohibited:

• the item may be removed from sale;
• the account may be suspended;
• the item may be returned or destroyed (where lawful);
• authorities may be notified.

11.2 No compensation is payable for counterfeit or prohibited items.

12. Termination

12.1 You may terminate this Agreement at any time by withdrawing your items and closing your account.

12.2 COMCA may terminate or suspend your account for:

• repeated violations;
• abusive behaviour;
• fraud or chargebacks;
• illegal conduct;
• unreasonable risk.

12.3 Upon termination, outstanding fees must be paid before items are released.

13. Governing Law

This Agreement is governed by the laws of New South Wales, Australia.