Wholesale terms and Conditions
- These Terms and Conditions apply to the supply of all Goods by us to you from the date that you accept these Terms and Conditions.
- You accept these Terms and Conditions when:
a) you submit an Order;
b) you accept delivery of, or any part of, the Goods pursuant to an Order; or
c) you make Payment, or partial Payment, for any Goods supplied by us.
- Unless otherwise agreed by us in writing, we will not be bound by any conditions added by you in an Order (express or implied).
When purchasing goods for re-sale from VIZCOSA, there are a few important items to note;
- Minimum wholesale quantities of the same print apply and the quantity is detailed on your order form, assorted sizes.
2. All items on this website are subject to GST all prices shown in wholesale price lists are inclusive of GST.
3. Goods remain the legal property of VIZCOSA until paid in full.
4. Prices are subject to change without notice, however we will always honour quotes for at least 15 days.
5. The sale of goods is subject to our standard Wholesale Terms of Trade as detailed below.
6. VIZCOSA Goods can only be purchased through us directly or our exclusive distributors (the names will be listed here only)
WHOLESALE TERMS OF TRADE
Effective 1 August 2016
- The following references will be accepted as:
Supplier: VIZCOSA, our, us or we refer to VIZCOSA
Applicant: Buyer, you and you refers to the person/s as nominated on the Account Application document/Invoice/Statement/Web order.
Goods refer to the supplier’s goods or services provided by VIZCOSA and invoiced (charged) to the Applicant.
- Our Offer to Trade
Invoices are all pre-payment. Pre-payment invoices may be paid by EFT, credit card, Paypal or direct bank deposit and are required 15 days after order confirmation.
Goods will be dispatched 4 to 10 weeks after payment.
Goods will not b dispatched until the amount has bn paid in full.
- Pricing and G.S.T
All prices are subject to change without notice. Please refer to your invoice or our website for current pricing. Our price lists and wholesale brochures should be used as a guide only. Prices are quoted before freight charges and are exclusive of GST.
- Order Acceptance and/or Refusal
We may accept or decline, in whole or in part, an order from you. Products are sold in minimum order quantities per garment name of full cases as detailed on the order forms.
- Order Times and Dispatch Schedule.
All orders received by VIZCOSA will be dispatched within 4 to 10 weeks after payment has been received, however, you will be notified of expected delivery time. All orders are dispatched from Sydney, New South Wales.
- Account when payable
Unless otherwise agreed to in writing by us or by our authorized representative, the price charged and payable for the Goods shall be the price in Local Currency at the date we accept the Order, together with any applicable taxes, charges and delivery costs in relation to the Goods
Payment of 100% of the Order amount (unless otherwise agreed in writing) shall be made within 15 days of an Order accepted by us. And goods will be delivered 4 to 10 weeks from date of payment
Receipt by VIZCOSA of the full amount due shall be evidence of the passing of property in the goods to which the payment relates or is determined to relate by VIZCOSA if the buyer does not indicate otherwise.
- Account on HOLD
We may refuse to send an order where your Account falls outside your Account terms. The order may be canceled or placed on Hold until overdue monies have been paid for. We may also, at any time request that your Account is paid down prior to any new order being sent.
- Closure of an Account
We reserve the right to close your Account, without notice and without reason. However, we will attempt to notify you, in writing, at a time practicable to us. Some reasons include, but are not limited to:
- Your Account is in default.
- Improper trading practices.
- Account inactivity
- A history of continued late payments.
- Providing to us false or misleading information.
- Failing to advise changes to information given as per the Account Application document.
- If the business ownership changes.
- Payment & Credit Terms (if offered)
Any amount shown on an invoice or as per statement is payable by the Applicant without deduction, setoff or cross-claim. Full total payable on any invoice is payable within 15 days from the date of the invoice.
You are liable to us for all goods charged to your Account until paid in full.
No warranty is given and we will not be liable for:
a) alterations to Goods for which we are not responsible;
b) damage or failure caused by unusual or non-recommended use or application of the Goods; or
c) loss caused by any factors beyond our control; and
We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms and Conditions).
- Ownership of Goods
Ownership of goods passes to you at a time of payment in full. We remain the owner of all goods covered by an invoice until you have paid in full the invoice value of those goods.
- We, by our nominated carrier or otherwise, will deliver the Goods to the place nominated by you or as otherwise agreed.
- We may charge you the cost of delivering the Goods to you
- We reserve the right to make deliveries in installments, at no extra cost to you and once this has been agreed by both parts
- We will use reasonable efforts to deliver the Goods to you by the date and to the place specified by you. we shall not be liable for late delivery or delay in delivery.
- The risk in the Goods shall pass to you upon placement of the Goods onto our nominated form of transport for delivery to you.
A freight fee is charged on an invoice and is G.S.T. applicable. This charge will be dependent on items ordered and delivery address.
For orders under 25kg within Metropolitan areas of Australia’s capital cities, a flat rate will be applied. Delivery areas outside Metropolitan areas will be quoted and charged at cost.
For all order over 25kgs within Metropolitan areas of Australia’s capital cities, a flat fee of applies. Delivery areas outside Metropolitan areas will be quoted and charged at cost.
All deliveries are made using Australia Post, and orders outside of Metropolitan areas will be charged at a dollar rate per kilogram as established by Australia Post.
Free delivery applies from time to time as incentive to our customers, and we will let you know if you have been selected for free delivery
- Return of Goods
VIZCOSA is under no obligation to accept goods for return i.e. for replacement or credit claim and may refuse to at our discretion and within reason.
We warrant that the Goods are supplied free from defects in material and workmanship except for such defects as normally being regarded as being commercially acceptable.
ALL GOODS AND INVOICES MUST BE CHECKED ON ARRIVAL. ALL SHORTAGES, INCORRECT OR DAMAGED GOODS MUST BE NOTIFIED TO US WITHIN 48 HOURS OF RECEIPT, OTHERWISE, CLAIMS MAY NOT BE RECOGNISED.
If good is defective or damaged, you can place a claim for an exchange, credit or refund of the specific items, you must provide proof of damage.
If goods are damaged in transit to you a claim will be placed with the courier company
You shall bear any expense of transportation of Goods returned to us
We will forward a Statement of Account once a month only where there is a transaction or payment activity or where there is a balance outstanding on your account.
- Payment Methods
The Applicant acknowledges that VIZCOSA accepts payments by means of:
- Direct Deposit
- Credit card* - Visa, MasterCard, Bankcard, Amex
Any breach, of this Agreement, may lead cause for VIZCOSA to suspend or forfeit credit facilities without notice and/or close your Account.
- Right to Vary Term of Trade.
We reserve the right to vary these terms and conditions at any time without notice. However, we will ensure to let you know of any changes that may affect you.
- Recommended Retail Price (RRP)
The applicant acknowledges that goods will not be sold for less than the RRP within the first year of arrival to its store.
- Intellectual property
- All Intellectual Property Rights in and relating to the production, development, and supply of the Goods will remain our property and will not be disclosed to any other person by you without our prior written consent.
- You shall keep confidential and shall not use any confidential information communicated by us to you without our prior written consent
- You shall not reproduce the designs, prints, colors of VIZCOSA products under another brand that may directly compete with us.
- You shall sell the Vizcosa products always using the labels, tags and any other packaging or stationery provided by us if any.
- You must credit the VIZCOSA name when using pictures for advertising purposes
- INTERPRETATION AND DEFINITIONS
Personal pronouns: Except where the context otherwise provides or requires:
the terms we, us or our refers to the Company; and
the terms you or you are refers to the Customer.
17.2 Defined terms: In these Terms and Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
Collateral means property that is subject to a security interest.
Company means VIZCOSA
Customer means any person or entity that places an Order with us and agrees by conduct or by virtue of notice or otherwise to be bound by these Terms and Conditions, including any related company, the related party, officer and authorized person of the relevant person.
Goods mean goods sold by the Company from time to time, including, but not limited to, RESORT WEAR AND CLOTHING.
GST means a goods and services tax, or a similar value-added tax, levied or imposed by the GST Law.
GST Law has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Grantor means the person who has the interest in a property to which a security interest is attached.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Local Currency means the local currency of the Customer as agreed at the time of Order (for example, Australian dollars in Australia, Pounds sterling in the United Kingdom and Euro for other EU countries).
Material means any material in which you have Intellectual Property Rights provided by you for use by us in the production, development, and supply of the Goods to you.
Order means an order for Goods in writing received by us.
Payment means payment of any amount relating to Goods in accordance with these Terms and Conditions.
The quote means a quotation by us for the supply of particular Goods containing details Secured Party means a person who holds the benefit of a security interest.
Winding Up means commencing to be wound up, or suffering a provisional liquidator, liquidator, official manager or any other administrator of the affairs of insolvent companies to be appointed