Wholesale Terms and Conditions Payment in Advance (PIA)
These terms and conditions regulate the business relationship between you and us.
By completing company registration and placing your wholesale order with ALEX AND TRAHANAS, you hereby agree to the terms and conditions set out below and formally accept the artisan nature of our products as detailed in our ‘Markings of the Artisan’ document. To view the Markings of the Artisan document, click HERE
The Company reserves the right to update these terms and conditions from time to time as required and is the responsibility of the purchaser to review terms and conditions prior to each order.
Wholesale Terms and conditions: sale of goods to a business
We are: ALEX AND TRAHANAS PTY LTD
Our address is: 257 Oxford Street, Paddington, NSW 2021
You are: Our customer
The terms and conditions
1 Definitions In this agreement:
“Carrier” means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Written material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2 Our contract with you
2.1 Upon placement of your Wholesale order we will confirm details of your purchase and tell you approximately when we shall dispatch your order. That is when our contract is made.
2.2 Our products are hand painted and handmade making them unique. Due to the hand painted and handmade nature, variances of colour, brushstroke, artwork, glaze and texture are possible and add to the uniqueness of each piece. Therefore each product of the same style will be different and can feature markings of the artisan as detailed in our ‘Markings of the Artisan’ document approved by you.
2.3 If we owe you money (for this or any other reason), we will credit your account or credit card (by arrangement) as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
3 Price and Payment
3.1 The minimum order value is $2,000 AUD (wholesale value)
3.2 The website prices are listed in AUD and do not include gst. GST will be calculated upon checkout.
3.3 Our Terms are strictly Payment In Advance as per this agreement.
3.4 Payment in full is required to confirm wholesale orders and secure stock before any part of the order departs our warehouse
3.5 Payments may be made by credit card, paypal or direct deposit. For direct deposits, please reference with Invoice Number and provide remittance to ciao@alexandtrahanas.com.
3.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
3.7 Prices are subject to change without notice.
4 Information you give us
4.1 You agree that you have provided and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will not use your information for any purpose other than that provided for in this agreement (we do not provide or sell Customer information to any third party).
5 Delivery
5.1 All costs associated with shipping & freight of your order from our warehouse are the responsibility ALEX AND TRAHANAS
5.2 We may have the goods available for delivery in installments if all the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 The customer is responsible for all taxes, duty and import restrictions.
7 Rejection of received goods
7.1 All orders are final and cannot be cancelled once the order has been confirmed and the final invoice has been generated. We do not accept returns of unsold goods, change of mind or preference of variations as detailed in our Markings of the Artisan document which includes, artwork, size, glaze, brushstrokes, colour, texture. Most ALEX AND TRAHANAS products are handmade and therefore each piece will be unique and one-of-a-kind. The surface of natural & handmade products is crafted to embrace the natural differences in each piece, this is not considered a fault.
7.2 Under no circumstance may an order be cancelled for specially commissioned or personalised goods.
7.3 Unsatisfactory goods will only be accepted upon approval of our ‘Return Request Form’
7.4 Unsatisfactory goods will be replaced or credited based on availability at our discretion
7.5 We are under no obligation to collect or recover Goods from you. It will be determined as to who will incur the freight cost on a case by case basis
7.6 We may require you to destroy unsatisfactory goods and supply evidence to protect our quality standards.
8. Disclaimers
8.1 We may make improvements or changes to our Written Material or to any of our Goods, at any time without advance notice. No changes to your confirmed order will be made without your prior consent.
8.2 Although we endeavor to give 100% accurate information you are advised that Written Material may on occasion include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods and Services for your purpose;
8.3.2 the truth of any information given in our Written Material;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods
for a particular purpose;
8.3.4 compliance with any law;
8.3.5 non-infringement of any right.
8.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.5 Except for a claim for personal injury, in any claim against us, our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
10 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and is (are) not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
11 Restricted distribution and exclusivity
ALEX AND TRAHANAS products may not be distributed through any physical or online third-party marketplaces or retailers. Selling ALEX AND TRAHANAS products on other marketplaces breaches our distribution policy and is not allowed under any circumstance.
12 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14 Dispute Resolution
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by mediation in accordance with the ACICA Mediation Rules. The mediation shall take place in Sydney, Australia and be administered by the Australian Centre for International Commercial Arbitration (ACICA).
If the dispute has not been settled pursuant to the said Rules within 60 days following the written invitation to mediate or within such other period as the parties may agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English.
15 Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including, but not limited to, strikes of our own employees.
16 Governing Law
This Agreement shall be governed by and construed in accordance with the law of New South Wales in Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.