Wholesale Terms and Conditions
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Definitions
In these Terms and Conditions:- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Customer or You/Your means a sole trader, partnership, company, trust, institution or government body, its related entities and affiliates or assignees that orders wholesale products from us.
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Application of these terms and conditions
- These terms and conditions apply in relation to any goods we sell you, and it overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).
- You accept these terms and conditions by placing an order with us.
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Application of Australian consumer law
- You warrant that regardless of the amount paid for the goods, you are acquiring the goods for the sole purpose of re-supplying the goods and accordingly may not be entitled to consumer guarantees under the Australian Consumer Law.
- If you are a consumer under the Australian Consumer Law, the Australian Consumer Law applies to the extent that it is inconsistent with these Terms and Conditions.
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Ordering Minimums
- The minimum order quantity is 5 units.
- We do not offer a drop ship service.
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Backorders
- Out of stock goods will not be back-ordered.
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Order cancellation – Termination
- You acknowledge that once you place an order with us you are agreeing to our terms and conditions, and we may order goods especially tailored for you and therefore may not permit you to vary or cancel the order unless you compensate us for any losses we incur or we otherwise consent to.
- We may cancel your order at any time prior to shipment. If we do so, we will notify you in writing about the same and we will give you a full refund of any monies that you have paid for the unfulfilled order.
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Price and GST
- Unless otherwise stated, the quoted prices for the goods are in Australian dollars and are exclusive of Goods and Services Tax (GST).
- You must pay GST if it is applicable at the same time and in the same manner as the consideration for the goods.
- We will give you a tax invoice showing the applicable GST if applicable to your invoice.
- The quoted prices for the goods do not include delivery fees for the goods, and you therefore may either:
- Agree to pay the fees for the delivery of the goods as calculated by us at the time of your placing an order; or
- Arrange for delivery at your own expense either via an alternative courier or by picking up the goods.
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Payment terms
- We accept payment by credit card (including Visa and MasterCard), and direct bank transfer to our nominated account.
- We do not accept AMEX cards and also reserve the right to change our mode of payment at any time.
- If you make payment by direct debit, please include your store name and invoice number in the receipt description. You can also email or send us a remittance advice receipt. Direct debit payments should be made into the following account provided on your invoice.
- Unless otherwise agreed, you must pay for the goods in advance (by using the Proforma Invoice) or via our website ordering portal. We will not deliver the goods until payment has been received.
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Recommended Retail Price
- We will supply you with a suggested Recommend Retail Price (RRP) inclusive of GST for all products and might be updated from time-to-time.
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Delivery
- Charges for delivery are not included in the cost of goods sent to stores. Delivery charges will be calculated on order and supplied via invoice or calculated at checkout on our website.
- For orders above 20 units the flat rate shipping fee is $15. Orders with less than 20 units is calculated based on weight at checkout.
- We aim to pack and process our orders within 1-2 days upon receipt of your order
- We generally use third party delivery companies, such as Australia Post. By placing an order for the goods, you agree that your details, including your name, contact numbers and delivery address, will be passed to those third-party delivery companies.
- Alternatively, you can arrange a delivery of the goods at your own expense using your preferred delivery agent or you can arrange a pick up from our location in Brisbane during business hours. Warehouse pickup must be pre-arranged and will not incur a delivery charge.
- Further, you agree that notwithstanding anything in these Terms, we are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.
- All items are tracked by us so please contact the warehouse at hello@revivedaily.com.au if you have not received your order on time.
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Property & Delivery of goods
- Title of the goods passes to you only after the goods have been paid in full. Revive Daily is authorised to take possession of any goods in which it has title, to the value of the overdue amount.
- Risks in the goods will pass to you on when you take possession of them. You are considered to have taken possession of the goods if we leave them at a delivery address as instructed by you. You may insure your goods if you wish.
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Return of goods damaged in transit
- You must inspect the goods on delivery, and you must notify us of any damage by the delivery service upon receipt of the goods within 7 days of receipt of the goods (Notice Period).
- Please notify us at hello@revivedaily.com.au When notifying us you will be required to send photos of the damage or fault. We will conduct an assessment to confirm if the goods have been damaged in transit.
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Return of obviously defective goods
- You may return them as defective if you notify us within 7 days of the receipt of the goods that they:
- are not of acceptable quality (as defined in the Australian Consumer Law); or
- do not conform to an agreed specification.
- You must notify us in writing at hello@revivedaily.com.au to make a claim. We will conduct an assessment to confirm if the goods are defective.
- We will cover the charges for returning the goods if we accept that they are defective.
- We do not accept returns for simply changing your mind or deciding not to stock our range.
- You may return them as defective if you notify us within 7 days of the receipt of the goods that they:
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Your consumer returns
- Please note that if you sell faulty products to consumers, under the Australian Consumer Law you are responsible for replacing those goods and then (if the fault was with our product), we will provide you with a credit for those items.
- If you are an online store or have otherwise shipped the faulty goods to your consumers, you will be responsible for any freight and shipping costs if the fault was obvious to you.
- We strongly recommend that you check that the stock is not faulty before you send it out.
- You must try to return goods with the original packaging as best as possible. Credits will be issued after the goods are received.
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Intellectual Property Rights and Brand Protection
- You acknowledge that no rights to any intellectual property in the goods are transferred to you.
- All of our images are strictly protected by copyright and cannot be used in any form without our express written consent.
- We find that when our goods are displayed together in matching collections, sales of the goods are maximised. Therefore, you agree to ensure that when displaying the goods for re-supply:
- Use reasonable endeavours to display all of our goods together;
- If we have provided you with instructions as to how the goods should be displayed, you will display the goods in accordance with our instructions;
- If we allow you to sell goods online, you agree to use the brand “Revive Daily” in the description of our goods and any other such terms as notified to you from; and
- You will use all reasonable efforts to not display the goods in a manner which will dilute the value of our brand and reputation.
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Online Selling
- You will need to get permission to use our photographs.
- Please note that you are not allowed to sell our products to a 3rd party websites including but not limited to eBay, hard to find, Amazon, Etsy, or Gumtree.
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Termination of Agreement
- We may terminate this agreement with you and refuse to sell your store any more goods if you:
- become verbally or physically abusive to any of our staff (including by way of emails); object to our online store or our use of sales at any time;
- object to us selling at markets;
- cannot pay your bill;
- Use our trademarks or branding in a derogatory manner or in a way that would not be beneficial to us; or
- otherwise breach any other terms and conditions.
- On termination of this agreement you must immediately pay any outstanding invoices for all stock that you hold.
- We may terminate this agreement with you and refuse to sell your store any more goods if you:
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Exclusivity
You acknowledge that we stock a range of stockists and are not entering into this agreement with you on an exclusive basis. While we will make efforts to ensure that we do not sell to other stores within close proximity to you, we cannot guarantee that we will not stock any of your competitors. -
Our warranties
We warrant that the goods we deliver will:- match the description in the invoice and any agreed specification;
- be free of third party claims or undisclosed securities; and
- be of acceptable quality as defined in the Australian Consumer Law.
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Limitation of liability
We limit our liability in relation to the sale of goods to you as follows:- apart from the warranties in these Terms and Conditions or any express guarantees, we exclude all warranties and guarantees, whether written or oral;
- our liability for any claims (whether for negligence, breach of contract or statute) is limited at out option to either:
- replacing the goods or supplying equivalent goods; or
- repairing of the goods; or
- paying you the cost of having the goods replaced or repaired; and
- we are not liable for any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, production, profits or savings; or any reasonably foreseeable losses.
However, this limitation of liability does not apply if it would restrict, modify or exclude rights in a way that is not permitted under the Australian Consumer Law or other applicable laws.
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Limitation of liability
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Variations
- We may vary these Terms and Conditions by giving you written notice at any time. The variation will only affect future orders.
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Events which are out of our control
We shall not be held liable and responsible for any delay in performance of our obligations under these Terms and Conditions if the delay is caused by circumstances beyond our reasonable control. -
Severability
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions. -
Change of ownership
Revive Daily must be notified straight away in writing in the event of any change of ownership of the Customer. The customer agrees to indemnify Revive Daily against any loss incurred if such notice is not given.