Terms and Conditions
All goods are sold and supplied by Home & Giftware Pty Ltd ABN 48 067 912 449(“H & G”) to you (“the Customer”) on the following terms and conditions:
1. Terms
(a) The Customer acknowledges having received and read a copy of H & G’s current terms and conditions of trade (“the Terms of Trade”).
(b) H & G may vary the Terms of Trade at any time by publication of new terms of trade on its web site or by notice in writing to the Customer.
(c) The Customer upon ordering any goods from H & G is deemed to have accepted and is bound by the Terms of Trade current at the time the order is made.
2. Prices
(a) The prices charged for goods shall be the prices determined by H & G at the date of despatch.
(b) Prices are subject to change without prior notice to the Customer.
(c) The prices quoted for goods do not include any GST, freight and handling charges, which are payable by the Customer.
3. Payment
(a) The Customer must pay H & G for all goods in full within 30 days from the date of H & G’s Statement to the Customer.
(b) The Customer is entitled to a discount of 3% if payment in full is received by H & G within 7 days from the date on H & G’s invoice to the Customer.
(c) H & G accepts payment by Visa, MasterCard, EFT and cheque. A processing fee of 1% of the amount paid by credit card will apply.
4. Default
If payment in full is not received by H & G within the time stipulated in clause 3(a) then the Customer agrees:
(b) H & G may immediately and without further notice, refer the matter to a debt collection agency. In this event, it is further agreed that the Customer will be liable to pay H & G the outstanding amount together with any interest and all legal costs and expenses incurred in attempting to recover the debt, including any commissions or other amounts payable to a debt collection agency.
5. Customers
(a) Goods will only be supplied to a Customer on credit at the discretion of H & G.
(b) H & G may at any time in its discretion disallow a Customer credit, decline an order or stop delivery.
(c) New Customers must pay H & G for goods in full prior to despatch.
(d) New Customers will remain on a proforma basis until H & G determines in its discretion that the Customer may be allowed credit Terms and has received and approved a completed Credit Application form from the Customer.
6. Credit Checks
The Customer acknowledges and agrees that, upon submission of a completed Account Application Form, H & G is authorised to perform any credit checks on the Customer or any director or guarantor of the Customer with third parties as it requires.
7. Minimum Orders
(a) The minimum order for all Customers is $300. (GST and Freight exclusive).
8. Special Orders
Special orders of goods or goods made to the Customer’s specifications:
(a) must be paid for in full at the time of order;
(b) will not be accepted by H & G for exchange, return or cancellation, unless defective.
9. Back or Forward Orders
(a) Goods temporarily out of stock will be placed on back order. When available these goods will be included in the Customer’s next delivery.
(b) Back orders and forward orders will be supplied at the prices determined by H & G at the date of despatch (not the date of the order).
(c) All order cancellations must be made in Writing.
10. GST
If a goods and services tax or other value added tax (“GST”) applies in respect of any supply made to the Customer under or in connection with these Terms of Trade, the amount payable for that supply will be increased by the rate of GST applicable at that time and is payable by the Customer.
11. Freight & Handling Charges
(a) All prices exclude Freight and Handling charges
(b) The Customer shall pay the GST on the Freight and Handling charges.
12. Returns
H & G may in its discretion accept a return of goods from a Customer and issue a credit note for them but only under the terms of this clause 12:
(a) No return of goods will be accepted without H & G’s prior consent and due authorisation as set out in paragraph.
(b) Any credit note issued will be subject to and after deduction of a 20% re-stocking fee and after deduction of the original delivery and any return delivery charge (if applicable).
(e) The Customer is not entitled to cash refund for the goods.
13. Claims for Short Deliveries, Incorrect Goods, Breakages or Defective Goods
(a) The Customer must notify H & G in writing (including the invoice/picking slip number)of all claims for short deliveries, incorrect goods or defective goods within 7 days of receipt by the Customer.
(b) The Customer agrees that H & G is entitled to reject any claims received outside this period.
(c) Subject to the above, H & G will, in its discretion, make good the short delivery, replace the goods or issue a credit note.
14. Intellectual Property
(a) H & G is the registered owner of various trade marks and has copyright in the various images and names associated with its goods (“the Intellectual Property”).
(b) The Customer acknowledges and agrees that it may not use the Intellectual Property otherwise than in the promotion of goods purchased from H & G.
15. Warranty
(a) All warranties, conditions and representations, whether express or implied, other than an express warranty in writing by H & G, are expressly excluded except to the extent H & G is by law unable to exclude, limit or modify its liability.
(b) To the extent permitted by law, H & G shall not be liable to the Customer for loss of profit or other economic loss or any damages in relation to any goods supplied to the Customer by H & G or for any negligence by H & G, its employees agents.
(c) The liability of H & G in relation to the supply of goods is limited, where permitted by law, to the replacement of the goods or a credit note for the value of the goods.
16. Ownership of Goods
(a)Property and ownership of the goods will not pass to the buyer but will remain in the seller (H & G) until payment of the purchase price of the goods and all other amounts owing to the seller by the buyer.
17. General
(a) Whilst all care has been taken, H & G, will not be bound by any errors or omissions which may appear in any of its invoices and statements or its price lists, catalogues or other promotional material.
(b) No variation of the Terms of Trade except as provided for in clause 1(b) shall be binding unless approved in writing by H & G.
(c) No time of other indulgence that H & G may give to a Customer shall affect or limit the rights of H & G under the Terms of Trade except to the extent that H & G expressly waives the same in writing.
(d) Any terms contained in the Customer’s Order or other document issued by either H & G or the Customer which are inconsistent with the Terms of Trade shall, to the extent of the inconsistency, have no legal effect.
(e) If any term or part of the Terms of Trade is illegal or unenforceable it shall be construed as being severed from the Terms of Trade and the remaining terms shall continue in full force and effect.
18. Jurisdiction
The parties agree to submit to and be bound by the laws and courts in the State of New South Wales.
19. Privacy
(a) H & G complies with the Privacy Act, 1988 as amended and is bound by the National Privacy Principles dealing with the collection, use and storage of personal information.
(b) The Customer authorises H & G to collect, retain, record, use and disclose personal information about the Customer (or any director or guarantor of the Customer) to other persons or entities for the purposes of processing an Account Application Form submitted by the Customer, or for assessing the creditworthiness of the Customer (or any director or guarantor of the Customer), or for notifying and instructing a debt collection or credit reference agency or a solicitor or other professional consultant and for the marketing of goods provided by H & G.
Effective as at May 2011