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- In these conditions unless the context otherwise requires: “Goods” means the products or stock ordered by you. “GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature. “Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired. “Primary Payment” means any payment by You to Us of any fees or other amounts payable by You to Us under these terms and conditions. “Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant Primary Payment. “We” and “Our” and “Us” means Fashionata Pty Ltd (ACN 145 540 656) which is the provider of the Goods. “You” and “Your” means You the applicant, or the purchaser of the Goods from Us, as the case may be.
Terms and conditions of sale
- All Goods sold by Us to You are sold subject to these terms and conditions.
- Unless previously withdrawn, Our quotations are open for acceptance within the period stated in them or, when no period is so stated, within seven (7) days only after the quotation’s date. We reserve the right to refuse any order based upon Our quotation within seven (7) days after receipt of that order.
- The delivery times made known to You are estimates only and We are not liable for late delivery.
- We are not liable for any loss, damage or delay occasioned to You or Your customers arising from late delivery of the Goods.
- We may at our option deliver the Goods to You in any number of instalments unless otherwise agreed in writing, however we will endeavour to deliver goods on times quoted.
- We are not responsible to You or any person claiming through You for any loss or damage to Goods in transit caused by any event of any kind by any person (whether or not We are legally responsible for the person who caused or contributed to that loss or damage). From time to time, and at the discretion of Fashionata, replacement product will be providedhe delivery times made known to You are estimates only and We are not liable for late delivery
- We will endeavor to provide You with assistance as may be necessary to press claims on carriers so long as You :
1. have notified Us and the carriers in writing immediately after loss or damage is discovered on receipt of Goods; and
2. lodge a claim for compensation on the carrier within seven (7) days of the date of receipt of the Goods
- Subject to clause 8, We are not under any duty to accept Goods returned by You and will do so only on terms to be agreed in writing in each individual case. If you have reason to return goods, You must obtain an RA# from FASHIONATA PTY LTD.
- You will be deemed to have accepted the Goods free of defect or any non-conformity unless We receive a substantiated written claim within seven (7) days of the date We deliver or otherwise attempt to deliver the Goods to You, as the case may be. From time to time, and at the discretion of Fashionata, replacement product will be provided where a garment is claimed to be defective more than seven (7) days following delivery.
- If We agree to accept returned Goods from you due to Short Delivery or Non Delivery, You must return the Goods to Us at Our place of business with an RA#, allocated to You by FASHIONATA PTY LTD.
- In respect of Claims for Short Delivery where product is short delivered within the carton/s to the invoiced quantity, the customer must advise FASHIONATA PTY LTD in writing within 7 days from the invoice date.
- In respect of Claims for Non Delivery, being when a full or partial consignment has not been delivered to the invoiced quantity, the Customer must advise FASHIONATA PTY LTD in writing within 7 days from the invoice/statement date.
- In respect of Claims for Incorrect Pricing relating to price, freight or surcharge, the customer must advise FASHIONATA PTY LTD in writing within 7 days from the invoice date.
- All warranties whether expressed or implied and whether statutory or otherwise with regard to the Goods supplied by US as to quality, fitness for purpose or any other matter are hereby excluded except in so far as any such warranties are incapable of exclusion at law.
- Our liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:
(1) the replacement of the Goods or the supply of equivalent Goods;
(2) the repair of the Goods;
(3) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(4) the payment of the cost of having the Goods repaired.
- Prices may or may not be including Goods and Services Tax (GST). Please read pricelist carefully to see if GST is included or not.
- Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production on the date is made.
- If We are liable by law for any GST on any Primary Payment, You must pay to Us the amount of the GST.
- You must pay to Us an amount in respect of any GST that You are required to pay under these terms and conditions (i) at the same time; and (ii) in the same manner,as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
- We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
- If We refund to You any amount under these terms and conditions, We must also refund to You an amount in respect of any GST that You paid in respect of that amount.
- You acknowledge and accept that You are liable to pay Us the price of all Goods ordered by You at all times and also in the event such Goods are not delivered to You due to your default in complying with these terms and conditions.
- If You do not pay for the Goods as required, We reserve the right to charge interest on amounts overdue, which interest is calculated daily at the rate of 10% per annum from the date of the outstanding order and/or tax invoice until payment is made.
- Not withstanding anything to the contrary express or implied, property in the Goods shall remain with Us and shall not pass to You until We have received payment in full for the Goods and You have discharged in full all of Your accounts with Us relating to all orders placed with Us. This also applies to all Goods currently in your possession, supplied by Us for which payment has not yet been made by You.
- If a payment is made by You by way of cheque, ownership shall not pass to You until the cheque has been honoured.
- Until the Goods are paid for in full, You shall hold the Goods as trustee for us and shall keep the Goods as a fiduciary for Us and shall store and identify the Goods in a manner that clearly shows Our ownership thereof.
- In the event You fail to pay Us for the Goods by the due date required for payment under these terms and conditions, then You (without prejudice to Our rights as an unpaid Seller or any of Our other rights and remedies to retake possession of Our Goods from You) hereby agree to Us being entitled to resell the Goods to a third party. You also agree that We or our nominated servant or agent, shall without notice be able to remove the goods from Your premises in the event You fail to pay Us, and We shall not be held liable for any damages, losses or expenses incurred as a result of such removal.
- All Goods to be supplied by US to You are as described on the order agreed by Us and You and the description on such order modified as so agreed prevails over all other descriptions including any specification or enquiry of Yours.
- No order may be cancelled except with Our consent in writing and on terms which will indemnify us against all losses.
- We shall be entitled to either a). charge a reasonable cancellation fee (being not less than 50% of the amount of the order) for any work done on your behalf to the date of cancellation, or b). withholding the 30% deposit made upon order, including a fee for the processing and acceptance of your order and request for cancellation.
- In the case of fabric changes, whereby the fabric in which the garment has been sampled in becomes unavailable and FASHIONATA PTY LTD has to replace the chosen fabric for a particular style, You will be notified by Us via email and a replacement fabric swatch will be sent for approval. The style may be cancelled within 7 days of the swatch being sent. The style may not be cancelled after this time and production will go ahead with a similar replacement fabric.
- If for any reason beyond Our control (including without limitation as a result of any strike, war, terrorist attack, trade dispute, fire, tempest, theft or breakdown), orders cannot be delivered at the time stipulated by You, We shall be entitled to cancel the order and You shall not have any claims for damages arising out of such cancellation, without prejudice to Our rights to recover all sums owing to Us in respect of deliveries made or Goods provided prior to the date of such cancellation.
- You hereby acknowledge that We have a lien over all Goods in Your possession belonging to You to secure payment of any or all amounts outstanding from time to time. This is not applicable to CBDas goods will be paid for before delivery.
- In the event of Your default under these terms and conditions, We shall be entitled to withhold the delivery to You of any Goods ordered by You as at the date of such default.
- In the event of Your default under these terms and conditions, then all monies shall become immediately due and payable by You within (7) days of demand. Any expenses, costs or disbursements incurred by the supplier in order to recover outstanding monies shall be charged to Your account.
- FASHIONATA Pty. Ltd. has a policy of selling only directly to selected retail outlets for resale by them at specified locations. Proposed sales at any new retail outlet requires advance written approval from FASHIONATA Pty. Ltd. Re-sale or trans-shipments of FASHIONATA Pty Ltd. Approval is based on the nominated retail outlet.
- Orders are accepted only on the basis that:
(a) The goods may only be resold to consumers at retail level and may not be resold at wholesale level or to any other trader that is known or suspected to be purchasing for resale; and
(b) The goods may only be resold to consumers or displayed at the individual retail store or stores of the customer at the address or addresses of which are specified to FASHIONATA PTY LTD at the time the order/account is approved for opening by FASHIONATA PTY LTD, or as subsequently approved by FASHIONATA PTY LTD.
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Payment is required by the due date by You, being the end of the month following purchase , unless agreed otherwise in writing by FASHIONATA PTY LTD. We may modify these terms by providing (7) days notice.
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All payments should be made by wire transfer to the following account: Account Name: FASHIONATA PTY LTD, BSB: 032 134, A/C: 380527
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During the course of this Agreement and should we deem appropriate, we may request security or shall be entitles to withhold goods/services or any credit arrangement until such security is received.
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You and company Directors shall jointly and severally guarantee payment of all amounts due to Us
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