Brandeditems Terms and Conditions of Trade
The following Terms and Conditions ("Conditions") of trade between Brandeditems Pty Ltd ACN 119 875 633 (“Brandeditems”) and its Customers govern all orders for products and services ("goods") purchased from Brandeditems.
1. Introduction
Notwithstanding whether or not a formal credit application has been signed and returned, the following Terms and Conditions shall be binding on any order or request for the supply goods ("order) by Brandeditems to the Customer. The terms "Customer" shall include individual, sole trader, or company or any of its principals or employees, who place orders. Delivery of goods by Brandeditems shall be deemed to be and are subject to agreement by the Customer to these conditions. If these conditions are in conflict with any other conditions whether accompanying quotation, offer or tender, these conditions shall prevail.
2. Invoice, Title, Credit
Brandeditems' terms of payment are strictly the lesser of the terms provided in specific quotations to the Customer and 30 days from the date of invoice. Specified orders may require full payment in advance or a 50% deposit with order, and the balance payable within a specified number of days from invoice, as specified by the written quotation. A completed and approved application form is required to commence trading with Brandeditems. Any costs and expenses incurred by Brandeditems directly, indirectly, incidentally or otherwise in the collection of overdue accounts will be payable by the Customer. In the event of non payment Brandeditems reserves the right to advise the end user of non payment. Title of and property in the goods shall at all times remain with Brandeditems until the invoice relating to the goods is paid in full. The property in the goods passes to the Customer only after payment in full for the goods dispatched. The risk in the goods passes to the Customer on delivery. The Customer agrees to pay the relevant taxes applicable at that point of time.
3. Manufactured, Printed and otherwise ‘Decorated’ Stock
Goods are manufactured or decorated to the Customer’s specification and cannot be returned for credit. Production proofs will be supplied for sign off and approval before production commences. Once signed off, all risks in production or decoration are traneferred to the Customer unless the goods are not supplied in accordance with the approved production proofs.
4. Charges & Returns
Freight and handling charges will be incurred based on urgency, destination, volume and weight, unless prior arrangements have been made. Returned goods and credits in respect thereof are only accepted if authorised by Brandeditems and subject to Brandeditems being notified within 7 days of receipt of goods. Goods ordered in error may be subject to a restocking fee of not less than 20% of invoiced value, where the goods are not decorated. Decorated goods may not be returned unless defective, under the warranty period.
5. Brandeditems' Limit of Liability
Any liability as a result of, or in connection with the breakage of goods or performance of defective goods is limited to the replacement or the original cost of such goods. Brandeditems will not be held responsible for any indirect or consequential losses as a result of late delivery or supply of defective goods as these losses are expressly excluded from any Brandeditems liabilities, except as is determined by Australian law.
6. Customer’s Indemnity
The Customer hereby indemnifies and fully at law releases Brandeditems against any loss, damage or expense resulting from any infringement of patents, trade marks & design or any other proprietary rights.
7. Colours and Samples
Every effort is made to match colours against signed-off proof. Brandeditems accepts no responsibility where colour match may differ due to a manufacturing process. If samples are provided at no cost to the Customer for assessment, Brandeditems reserves the right to invoice the Customer if the samples are not returned to Brandeditems within 30 days of supply, plus freight. By requesting or accepting samples, the Customer accepts this condition of supply.
8. Warranty
Where warranties are stated in quotations, Brandeditems warrants against defects in material and workmanship. This warranty does not cover wear & tear, negligence or suitability of any goods for purpose.
9. Order Values
Brandeditems' standard minimum order value is $500.00 unless the Customer has established or is in the process of establishing a corporate trading account with Brandeditems. If any order is placed for a value lower than $500, Brandeditems may charge a $50 handling fee to the order.
10. Production
Due to the nature of the business, at times products are subject to an over-run or under-run during production. Brandeditems reserves the right to short-deliver up to 5% of any order or charge the Customer for up to a maximum of 5% more than the ordered quantity. Brandeditems uses many different suppliers and factories. As a result Brandeditems reserves the right to refuse any order where Brandeditems, at its sole discretion, does not believe that its standards of quanity are unachievable. In certain circumstances Brandeditems will recommend alternative products to the Customer in order to meet the Customer's deadlines. Any variation from the original order specifications will, wherever possible, be pre-approved before production is commenced. All orders taken are subject to the availability of the products or materials from suppliers or manufacturers.
11. Delivery
Unless otherwise specified, any quotation for goods EXCLUDES the cost of freight from Brandeditems Australia office or its Australian suppliers to the Customer. The Customer may request to use their own courier service for delivery of the goods to the Customer. In the absence of such a request, Brandeditems will arrange delivery of the goods to the Customer in the most cost effective way, depending on urgency and circumstances. Brandeditems will charge this freight cost to the Customer on a cost recovery basis. In some circumstances Brandeditems will estimate these costs and where necessary will provide an amended invoices once actual costs are confirmed.
12. Payment
Brandeditems gladly accepts EFT Electronic Funds Transfers directly into Brandeditems designated bank account appearing on each invoice, bank or company cheques, or Mastercard or Visa Credit Card payments. A 2% bank and administartion charge is payable on all credit card payments.
13. Other
These terms and conditions are to be used in conjunction with any other terms or offer that are made. All pending deliveries may be suspended at the sole discretion of Brandeditems should any of these terms not be met at any time.
Special Note regarding Technology Products
Memory prices are volatile and subject to constant change. Prices will be confirmed within 24 hours of order being placed with Brandeditems.
Further conditions apply to the supply of all Apparel. Refer to the Apparel section of this website for an explanation of these conditions.
Trademark Notice
The artwork, designs and trademarks printed, engraved or debossed on the products displayed on this website are reproduced only as examples of the type and quality of decorated products available, and are not intended to represent that the products are either endorsed by, or produced for the owners of the artwork, design or trademark.
By submitting artwork, the sender authorises Brandeditems and its subcontractor factories that the sender has the right to use the logo or artwork.
Copyright Notice
All the copy or material submitted by the customer for the use in producing the items ordered, whether or not artwork by the factory is required therewith, will be accepted by the factory as being submitted in full compliance with all applicable laws regarding trademark, service mark, copyright, right of privacy, patent, or similar protection. The customer, by submitting such copy of other material, represents that the use thereof by the factory on the items ordered will not violate any laws, and Brandeditems hereby disclaims any liability for compliance with such laws in the use of the customers copy or material. The customer hereby agrees to hold Brandeditems and its subcontractors and/or factories harmless to any damages, costs, and/or expenses when they arise under all such laws as consequence of the factory’s use of said copy or other materials of the operations undertaken by this agreement.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect
This notice applies to all information collected or submitted on the Brandeditems website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
- Name
- Address
- Email address
- Phone number
- Credit/Debit Card Information (etc.)
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:
- Name
- Address
- Phone Number (etc.)
The Way We Use Information
We use the information you provide about yourself or someone else when placing an order only to complete that order and to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
You may, from time to time, receive information from us about new features, new services and special offers we think you will find valuable. Also we may share your mailing address with reputable businesses that can provide you with valuable offers and information. If you'd like to decline from receiving future mailings from Brandeditems follow the procedure outlined in the How You Can Correct Your Information section below.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design and enhance the performance of our website and to share with partners. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to reject or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under 16, and no part of our website is structured to attract anyone under 16.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online through an email request. Any required changed can be completed as well on receipt of a request by email to info@brandeditems.com.au. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Sale of Our Company
As a natural consequence of the development of our company, we could be sold to another company. In the event that we are acquired by another company or a significant portion of our assets is sold to another company, all of the customer information including both financial records and consumer information that we have collected may be transferred to the new company.
Links
This web site contains links to other sites. Brandeditems is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
How To Contact Us
By using our Web site or purchasing a product from us, you agree to the collection and use of information as set forth in this privacy policy. We may from time to time update this policy. We will post any changes to our policy on this page so that you are always aware of what information we collect and how we use it.
Should you have other questions or concerns about these privacy policies, please send us an email.
Copyright © Brandeditems, 2008.
Errors and Omissions Excepted.
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