Supplier Terms & Conditions
1. PAYMENT OF ORDERS / ACCOUNTS
- All orders which are endorsed or described as “Pro Forma / C.O.D Orders” are firm, irrevocable and non-cancellable by the Buyer and must be paid for in full prior to the dispatch of goods. Where payment for a Pro Forma Order is not received within 7 days of the date of invoice, the order will be cancelled by and at the sole discretion of the Supplier and in such event the Buyer will be liable from the date of notice of cancellation for a cancellation fee equivalent to 50% of the invoiced cost.
- All other orders made to the Supplier must be paid within 30 days of the date of the Supplier’s Invoice (“the Payment Period”) and where payment in full is not received by the Supplier prior to the expiry of the Payment Period then the Buyer shall be liable to pay interest on the amount of outstanding as at the expiry of the Payment Period at a rate of 2% per month until payment in full is received by the Supplier. The Supplier is hereby irrevocably authorized to allocate the payment of any monies received from time to time from the Buyer towards any outstanding account incurred with the Supplier by the Buyer. All prices quoted shall be exclusive of Goods and Services Tax (“GST”) and GST will be payable on the sale price on payment of the invoice.
- Any order for goods shall not be cancelled by the Buyer without the consent of the Seller. Any request for cancellation must be in writing and must be received by the Seller not more than 7 days after the date of the order for the goods. The seller may reject the cancellation request if the ordered goods are already in production or are purchased into stock by the Seller to fulfil the order. For ALL cancelled orders outside the 14 day period the Buyer will be liable for a cancellation fee equivalent to 50% of the order total.
- Purchasing from Orientique is safe, secure and streamlined with Securepay as our payment gateway and PayPal for added security. Our online banking merchant is Westpac, Australia’s Leading Bank. You can be assured our site employs the very latest in Secure Socket Layer (SSL) technology to encrypt your information, guaranteeing only you and Orientique sees this information.
- Orientique will never ask for your Credit Card pin number during the purchase process. Details are collected at each order and never stored on our web server in any format to eliminate the risk of customers’ financial information being accessed.
- Provision of credit card information as payment for product/s constitutes an agreement for your purchase of the selected products.
- You must not pay or attempt to pay for product/s using fraudulent credit card information.
2. ONLINE SECURITY
- When you create an account with Orientique you will be required to provide a password. Each time you use the password, you will be deemed to authorised to access and use the website in a manner consistent with these Terms and Conditions. This means that you are responsible for any products purchased using your account details. You must notify Orientique if at any time you believe someone has access to your password.
3. AVAILABILITY OF STOCK
- Orientique attempts to present the availability of stock accurately, however stock availability varies and is only valid at the time shown. In the instance an item cannot be supplied you will be refunded to either your PayPal account or directly back to your Credit Card for that item and the remaining pieces will be dispatched.
4. PROPERTY IN AND DELIVERY OF GOODS
- The Goods supplied by the Supplier to the Buyer shall be at the Buyer’s risk immediately on delivery to the Buyer or immediately on delivery as directed by the Buyer or immediately on collection by the Buyer’s transport contractor as the case may be.
- Notwithstanding that the risk of loss or damage to the Goods passes to the Buyer in accordance with the previous sub-paragraph (a), property in and ownership of the Goods shall not pass to the Buyer until payment in full for the Goods shall have been received by the Supplier.
- Until payment in full of the invoiced cost of the Goods shall have been received by the Supplier, the Buyer shall hold the goods on a fiduciary basis as a bailee only for the Supplier and the Buyer shall (at its own expense) keep the Goods properly and safely stored separately from any other goods and stock of the Buyer and any other third party and in such a way as the Goods shall be readily identified as the Goods of the Supplier and the Buyer shall not, subject to sub-clause d (i), pledge, mortgage, charge or part with the Goods or attempt to do so without the prior written consent of the Supplier.
- Notwithstanding that the property in the Goods has not passed to the Buyer, the Buyer may resell the Goods or any part thereof in the name of the Buyer but only as agent for the Supplier and may deliver any such Goods to the buyer of them but only on terms which will not prejudice the Supplier’s ability to obtain the sale proceeds thereof.
- Any amount paid by the customer of such Goods from time to time to the Buyer (hereinafter referred to as “the sale proceeds”) shall be held by the Buyer in trust for the Vendor. Banked in a separate bank account relating only to the sale proceeds of the Goods of the Supplier under this and / or other contracts between the Supplier and Buyer and shall be forwarded as soon as possible after receipt to the Supplier.
- If and when the full amount of the price of the Goods has been received by the Supplier, any further part of the price received by the Buyer upon any resale by it of the Goods may be retained by the Buyer as its commission for effecting such sale as agent for the Supplier.
- An act of default of this contract shall be deemed to occur in the event of any of the following (and any of the acts described in sub-paragraphs (e) (i)to (iv)below are herein collectively referred to as in “Act of Default”) the Buyer failing to make payment in full of the invoiced cost of the Goods within 30 days from the date of invoice.
- the Buyer, if required herein, failing to insure the Goods from the date of delivery thereof by the Supplier and to provide evidence of such insurance to the Supplier.
- any distress or execution being levied upon the Buyer’s Goods or property,
- the Buyer, being a company, becoming unable to pay its debts as they fall due, offering to enter into any scheme of arrangement with its creditors, the passing by the Board of Directors of the Buyer of any resolution to wind up the Buyer, the filling of any petition to wind up the Buyer or the appointment of an administrator or receiver / manager in respect of the Buyer’s affairs, the Buyer, in the case of a natural person, being declared bankrupt,
- immediately upon the Buyer committing any Act of Default any right to sell the Goods in which the title to property remains vested in the Supplier shall cease forthwith and the Buyer shall upon the happening of any Act of Default immediately place all of the Goods then remaining in its possession or under its control at the disposal of the Supplier and the Supplier is hereby irrevocably authorised by the Buyer to nominate a person to enter the Buyer’s premises during normal business hours for the purpose of repossessing such of the Goods still in the possession or under the control of the Buyer and where necessary to use no more than reasonable force to liberate and take possession of the Goods. Where the Goods are stored in a warehouse conducted by a person other than the Buyer immediately upon committing any Act of Default the Buyer shall be deemed to have irrevocably appointed the Supplier to the attorney of the Buyer with the authority in the name of the Buyer to direct the warehouseman to release any of the Supplier’s Goods in possession or under the control of the warehouseman whether or not the Payment Period has expired and the Supplier shall be at liberty to resell the Goods after repossession of the same pursuant to this clause.
- Until the full amount of the price of the Goods due to the Supplier is received by the Supplier the Buyer
- shall maintain and keep full and up to date records of the Goods supplied by the Supplier including those Goods on-sold by the Buyer.
- hereby irrevocably authorizes the Supplier to enter its premises during normal business hours from time to time to inspect the residue of the Goods remaining unsold by the Buyer, the Buyer’s records relating to the Goods and also to inspect the accounts including bank accounts into which the proceeds of sale of that part of the Goods already sold are by this clause required to be deposited pending payment to the Supplier.
5. RETURNS POLICY
- All Orientique Garments are checked to ensure the highest quality, however if you find any faults with any Orientique Garment contact us on 00 31 653706554 to organise a RETURN AUTHORITY NUMBER. All returns with a Return Authority Number are subject to final inspection and if approved will be exchanged or credited within 10 days of the Goods being returned. Returns will only be received and processed by the Supplier where the Buyer has contacted the Supplier and received a RETURN AUTHORITY NUMBER. Any Returns received without a return authority number will either be returned to the Buyer at the Buyers cost or attract a 50% restocking fee. The RETURN AUTHORITY NUMBER is only valid for a period of 21 days. Any returns received after this time will attract a 50% restocking fee. Any authorised returns that are received at “End of Season” will be credited at the CURRENT price in the Sellers system. i.e. where an item has fallen into Clearance and its price reduced the Credit will be processed at the reduced price.
6. MISCELLANEOUS PROVISIONS
- The Buyer shall be liable for and shall promptly pay to the supplier;
- any legal costs incurred by the Supplier on a solicitor/client basis
- any court, bailiff costs and services fees incurred by the Supplier
- any fees paid to a debt collector in respect to any action or court proceedings taken by or on behalf of the Supplier for the recovery of any monies due by the Buyer to the Supplier pursuant to this Agreement
- This Agreement is governed by the law of Queensland and the Parties submit to the non-exclusive jurisdiction of the courts of Queensland
- Service of a notice on the Supplier is required to provide either by post or email address published on the Supplier’s Website or pursuant to this Agreement;
- Service of a notice on the Customer must be sent by either postal or to the email address provided by the Customer to the Supplier pursuant to this Agreement;
- The Supplier reserves the right to terminate this Agreement when the Customer breaches this Agreement or fails to pay any amount owed to the Supplier on any account when such amount is due.
7. PERSONAL GUARANTEE
The Buyer hereby personally guarantees the payment of all monies payable from time to time by the Buyer to the Supplier, and also the due and full compliance by the Buyer with the suppliers Trading Terms outlined on this Order sheet, which I have read, understood and accepted. The Buyer further indemnifies and agrees to keep indemnified the supplier in respect to any loss or expense incurred by the Supplier as a consequence of any failure of the Buyer to comply with the Suppliers Trading Terms. This guarantee and indemnity shall continue regardless of any extension of time or other indulgence that may be granted by the Supplier to the Buyer from time to time.
New Zealand Wholesale Supplier Terms and Conditions
- The Applicant and I each indemnify and will keep indemnified The TAT Trust against all actions, demands, liabilities, proceedings, judgements or orders, claims, costs and expenses which The TAT Trust may suffer, incur, or sustain (including any liability which The TAT Trust may incur to the Applicant) in conjunction with or arising in any way whatsoever as a consequence of:
- the collection use or disclosure of the default information and / or the cancellation information as referred to in paragraph 4; and
- any such information not being accurate, complete and up to date.
- any misuse and loss of such information;
- any unauthorised access to, modification or disclosure of any such information;
- the failure to provide the Applicant or anyone on its behalf with access to such information and the opportunity to correct any errors; and
- the identification of any natural person in such information; and
- any interference with privacy within the meaning of the Privacy Act (C’wth) by The TAT Trust; and
- any breach of the said Act by The TAT Trust; and
- any breach by The TAT Trust of the National Privacy Principles set out in Schedule 3 of the said Act
- Personal Property Security Act 1999. The customer agrees to:
- Protect the TAT Trust retention of title provisions as provided on the order form;
- If required by the TAT Trust, co-operate in good faith with us to execute the documentation required to register a security interest in favour of The TAT Trust on the personal properties and protect The TAT Trust’s interest in the goods supplied; and
- Waive any right to receive a copy of the verification statement, pursuant to section 148 of the Personal Property Security Act 1999.
- Notwithstanding the retention of title provision, the parties acknowledge that the Customer grants the TAT Trust a security interest over all the goods, and proceeds of such goods delivered to the customer by The TAT Trust.
- Exclusion of Consumer Guarantees Act 1993 and Sale of Goods Act 1908
- The customer is acquiring the goods and services for a business purpose and the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act are excluded by mutual agreement of the parties and therefore do not apply.
- The Customer will indemnify and hold harmless the Supplier from any liability arising from the Customer on-selling the goods for a business purpose where the Customer falls to exclude the application of the Consumer Guarantees Act from such transactions.
The provisions of the Sale of Goods Act are excluded to the extent they are inconsistent with this agreement