HENS NIGHT SHOP WHOLESALE SUPPLY - OUR TERMS & CONDITIONS
1. BECOMING A WHOLSALE SUPPLIER
1.1 HENS NIGHT SHOP (‘HENS NIGHT SHOP’, or “us” or “we” or “our”), ABN 17 129 419 601, is pleased to offer wholesale pricing to approved wholesale merchants. To apply to become a wholesale customer (‘Purchaser’), please visit hensnightshop.com.au and click on ‘Wholesale’ to complete the Application Form. Please have ready your ABN number if you are an Australian customer or Tax ID / Resellers ID for International customers.
1.2 Your application will be assessed promptly. It will be assessed against particular criteria including the compatibility of your business and your business location and any nearby competition (e.g. what existing wholesale customers exist in your vicinity). If successful, the Purchaser will be provided with a username and login to access HENS NIGHT SHOP Wholesale website to enable you to submit your order online. We accept phone and email orders too.
1.3 The Wholesaler Agreement, and each order the Purchaser places with HENS NIGHT SHOP, will be subject to these terms and conditions:
1.4 HENS NIGHT SHOP may, at its sole discretion, without cause or liability and at any time, reject orders and end Agreements with the Purchaser.
2. MAINTAINING EXCLUSIVITY
HENS NIGHT SHOP values its existing stockists. When we receive a new wholesaler application, it is reviewed to determine any existing representation in the area and we then make a decision based on the regularity of orders and annual spend of any other wholesalers in the same postcode area. HENS NIGHT SHOP will deem wholesaler arrangements to be lapsed if there are no orders within a 12-month period.
3. HOW TO MAKE PAYMENT
3.1 All orders are to be paid in full at time of placing the order. HENS NIGHT SHOP wholesale prices are in Australian Dollars (AUD) and include Australian GST (Goods and Services Tax). Prices are effective from 1 May 2014.
3.2 HENS NIGHT SHOP accepts these methods of payment for wholesale orders:
- Direct deposit (Bank Account details are supplied on invoice). Please ensure your business/ store name is written in ‘description’.*
- Credit Card (MasterCard, Visa, AMEX only). Credit card payments will be processed through the eWAY secure payment gateway. (Please see www.eway.com.au for more information
(* Please note that orders will not be processed until payment has cleared.)
4.1 HENS NIGHT SHOP goods are sold and shipped from our warehouse in Sydney, Australia. The Purchaser assumes all costs and risks relating to the transportation of the products sold by HENS NIGHT SHOP from our warehouse to the Purchaser’s specified ‘ship to’ address.
4.2 Delivery of goods can take anywhere from one to five working days but may take longer depending on the size of the order and any transport or customs processing delays. Purchaser will be advised of estimated delivery time at time of order.
4.3 Deliveries that are late, or that have not been made, do not under any circumstances constitute grounds for a claim for compensation by the Purchaser. In the event of it being impossible to adhere to estimated delivery times due to force majeure, a breakdown or a delay in delivery from sub-suppliers, then HENS NIGHT SHOP is entitled to extend the delivery deadline by the length of time that prevented from making deliveries or, optionally, to withdraw from the contract.
4.4 HENS NIGHT SHOP is entitled to make partial deliveries. The Purchaser may only demand compensation for non-fulfilment if HENS NIGHT SHOP has caused the deadline for delivery to be exceeded intentionally or through gross negligence.
5. CUSTOMS DUTIES
Accounts from countries other than Australia are responsible for all costs relating to duty charges, customs and brokerage fees associated with importing the goods into those countries.
6. FREIGHT COSTS
HENS NIGHT SHOP offers FREE freight on all wholesale orders within Australia. All Wholesale orders will be sent through a standard service which comes with a Tracking Number. All International wholesale orders will be charged the cost freight price from our carrier determined by cubic weight. For Purchasers who require an Express Delivery option or who desire an alternative freight provider, this can be arranged but will incur an additional charge to the Purchaser calculated at cost price based on weight and final measurement of the total order. Alternatively, Purchaser can use its own freight provider at its expense.
7. INTEGRITY OF OUR BRAND
7.1 As a seller of HENS NIGHT SHOP quality products, the Purchaser acknowledges and agrees that it will take all reasonable measures to maintain the integrity of the HENS NIGHT SHOP brand. In no event will HENS NIGHT SHOP be held liable for any legal issues, damages, costs or expenses incurred or arising due to non-compliance of below:
7.2 The Purchaser will not wholesale to any other party any goods purchased from HENS NIGHT SHOP. The Purchaser will be authorised to sell through only those retail outlet(s) specified in its application to HENS NIGHT SHOP. Permission must be sought to sell the goods at other outlets including any new shops or online stores that the Purchaser subsequently opens. HENS NIGHT SHOP does not allow its products to be sold on Online Auction Sites (such as eBay) or at Markets without prior written permission.
7.3 The Purchaser will sell the goods in their entire packaging including all existing labels and will not tamper, change or re-label any of the goods without prior written permission.
7.4 The Purchaser is responsible to for ensuring the goods adhere to the laws /standards/ regulations of any country/market permitted by its governing laws.
7,5 Purchaser agrees that trade names, trade marks and logos used to identify HENS NIGHT SHOP are the exclusive property of HENS NIGHT SHOP, and the Purchaser has no interest in such trade names, trade marks and logos except for the right to use them in connection with their promotion and the sale of HENS NIGHT SHOP items. Upon termination of the Agreement, Purchaser agrees immediately to cease all use of HENS NIGHT SHOP trade names, trademarks and logos.
7.6 The content, including images used by HENS NIGHT SHOP (including the website and domain name www.hensnightshop.com and www.hensnightshop.com.au), unless otherwise stated are the property of HENS NIGHT SHOP and are protected by copyright law. Except to the extent permitted by law, you must not use, copy, modify, transmit, store, publish or distribute the material used by HENS NIGHT SHOP (including the website and domain name www.hensnightshop.com and www.hensnightshop.com.au) or create any other material using material used by HENS NIGHT SHOP (including the website and domain name www.hensnightshop.com and www.hensnightshop.com.au), without obtaining prior written consent from HENS NIGHT SHOP. Trademarks and logos must not be used or modified in any way without obtaining our prior written consent.
8. SAMPLES OF OUR GREAT PRODUCTS
Samples can be requested but will be charged at the unit price plus postage and handling.
9. CANCELLATION OF ORDERS
Once an order has been confirmed by HENS NIGHT SHOP a legally binding agreement has been formed and cancellations are not possible.
10. RETURNS/ SHIPPING ERRORS / DAMAGED GOODS
Purchaser must notify HENS NIGHT SHOP of any shipping errors or goods damaged in transit within five days of receipt of shipment. No discussion will be entered into after this period. Direct this notification to [email protected]. Damaged or defective goods will be replaced with like products in good condition as soon as possible after receipt and inspection.
11. RETURN ORDER POLICY
11.1 HENS NIGHT SHOP will accept returns for wholesale orders only in the circumstance of manufacturer's defects, or in the case of a shipment containing the wrong sizes / styles as per the agreed order otherwise all orders after confirmation are final. Any problems must be reported in writing or by email within 5 days of receipt. Please do not return goods unless the request has been made by HENS NIGHT SHOP. Should the Purchaser be asked to return the goods, the purchaser must obtain a postage receipt.
11.2 The purchaser is responsible for all associated costs in returning the product to HENS NIGHT SHOP unless it is an error/mistake made form Hens Night Shop's side. We accept no responsibility for returning goods which are lost in transit. You must return the goods within the original packaging along with our authorisation number and a copy of your invoice.
11.3 A Credit Note is offered and/or refunds are processed within five days from receipt of item/s and will be applied in the same manner as the original payment method.
12. CHANGES TO THESE TERMS AND CONDITIONS
HENS NIGHT SHOP maintains the right to alter and update these terms and conditions at any time and without notice, including prices and specifications, except when an order has been fully paid for.
13. APPLICABLE LAW
This Agreement is governed by the laws of Victoria, Australia.
© 2014 HENS NIGHT SHOP - All Rights Reserved