I agree the consignment agreement is key. Even if it is a verbal agreement, if litigated, each side is going to make a claim as to what the consignment was. To me, it seems the greater burden would be on the store as the OP can rely on some type of care if we assumed a mere bailment for the benefit of both parties. I don't think the store would want to be arguing they fulfilled the level of care required by giving someone the item and letting them leave on speculation they were honest and will pay or return the item if they want it. Sure, the store would only be out the opportunity cost of a sale. (And the income derived by whatever the consignment percentage was.) You, on the other hand is out the item.
I also agree with the others that noticed conditions would probably be considered a part of your agreement. (Posted signs would be one example.)
I am appalled the store took something in on consignment without at least a slight writing on the matter. The more things included, the better. It makes me think there is more to the story. What would THEY say happened? What is their claim?
