Wholesale Terms & Conditions – makemeiconic

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Wholesale Terms & Conditions

If you are a new customer who has just discovered us and would like to work with Make Me Iconic Pty Ltd (ABN: 82 142 387 657) (referred to as we/us/our), please read all of the important information below. Wholesale pricing is available to approved stores only.

Please note that there will be a minimum spend.

We find our products sell better with a bit of range rather than just purchasing one single item. All of our products when merchandised together make a wonderful retail story and sell well to both locals & tourists, male consumers & female consumers.

  1. Definitions
    In these Terms and Conditions:
    1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    2. Customer or You/Your means a sole trader, partnership, company, trust, institution or government body, its related entities and affiliates or assignees that orders wholesale products from us.
    3. PPSA means the Personal Property Securities Act 2009 (Cth).
  2. Application of these terms and conditions
    1. These terms and conditions apply in relation to any goods we sell you, and it overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).
    2. You accept these terms and conditions by placing an order with us.
  3. Application of Australian consumer law
    1. You warrant that regardless of the amount paid for the goods, you are acquiring the goods for the sole purpose of re-supplying the goods and accordingly may not be entitled to consumer guarantees under the Australian Consumer Law.
    2. If you are a consumer under the Australian Consumer Law, the Australian Consumer Law applies to the extent that it is inconsistent with these Terms and Conditions.
  4. Ordering Minimums
    1. For first time Customers of Make Me Iconic (New Customers), the minimum order value is $300. New Customers will be placed on Proforma Invoice (pre-pay invoice) until such time that we agree fit.
    2. Minimum Order Quantity (MOQ) indicates the number of item/s in a box or a carton. e.g. A MOQ of 20 mini trams means that there are 20 mini trams in a box and we can only accept that quantity when ordering. MOQ's cannot be split and they must be ordered in the specified quantity.
  5. Backorders
    1. Out of stock goods will be back-ordered but not charged.
    2. If back-ordered goods are in stock at the time of your next order they will be added to your order without duplication
    3. If you wish to cancel any back-order or not have back-orders listed at all, please inform us. Back orders will be shipped on the same terms in accordance with the delivery terms specified in clause 10. We will also call to inform you when the back orders are in stock and ask if you would like to add any additional stock to your order before sending it out.
    4. All backorders will be charged freight and not sent free to store.
  6. Order cancellation – Termination
    1. You acknowledge that once you place an order with us you are agreeing to our terms and conditions, and we may order goods especially tailored for you and therefore may not permit you to vary or cancel the order unless you compensate us for any losses we incur or we otherwise consent to.
    2. We may cancel your order at any time prior to shipment. If we do so, we will notify you in writing about the same and we will give you a full refund of any monies that you have paid for the unfulfilled order.
  7. Price and GST
    1. Unless otherwise stated, the quoted prices for the goods are in Australian dollars and are exclusive of Goods and Services Tax (GST).
    2. You must pay GST if it is applicable at the same time and in the same manner as the consideration for the goods.
    3. All prices are quoted in Australian dollars or if you are paying in foreign currency it will be display as such.
    4. We will give you a tax invoice showing the applicable GST if applicable to your invoice.
    5. The quoted prices for the goods do not include delivery fees for the goods, and you therefore may either:
      1. Agree to pay the fees for the delivery of the goods as calculated by us at the time of your placing an order; or
      2. Arrange for delivery at your own expense either via an alternative courier or by picking up the goods.
    6. Prices listed are per item (not per carton).
  8. Payment terms
    1. We accept payment by credit card (including Visa and MasterCard) and direct bank transfer to our nominated account. Overseas customers paying in USD can only transfer via bank transfer.
    2. We do not accept AMEX cards and also reserve the right to change our mode of payment at any time
    3. If you make payment by direct debit, please include your store name and invoice number in the receipt description. You can also email or send us a remittance advice receipt. Direct debit payments should be made into the following account:
      Make Me Iconic
      commonwealth bank
      bsb 063 151
      account 104 182 52
    4. Please contact Rosy on info@makemeiconic.com if you would like to make any payments.
    5. Unless otherwise agreed, you must pay for the goods in advance (by using the Proforma Invoice) and we will not deliver the goods until payment has been received.
    6. If we allow you to pay for the goods on delivery, you agree to pay for the goods by no later than 2 days of receiving the goods.
    7. In exceptional circumstances, we may allow you to have an account where we allow you to pay either within 14 or 30 days of the date of the invoice we issue you (Credit Account). If you would like to be considered for a Credit Account, you will need to fill in a Credit Application Form. We may approve a Credit Account for you in our sole discretion.
  9. Overdue Payments
    1. If you have not paid your invoice within the time stipulated, we will charge you a late fee of $50.
    2. If you are late in payment for any invoices, we may:
      1. icancel your Credit Account and require payment in advance or on delivery of goods;
      2. refuse to supply you goods in the future; and/or
      3. send your details to our debt collector or lawyers.
    3. If we are required to use a debt collector or lawyers to recover any amounts from you, you indemnify us for our costs, including reasonable fees and disbursements, incurred to collect any unpaid amount.
  10. Recommended Retail Price
    1. We will supply you with a suggested Recommend Retail Price (RRP) inclusive of GST for all products and might be updated from time-to-time.
  11. Delivery
    1. Charges for delivery are not included in the cost of goods sent to stores. On all orders and back orders, freight will be charged on each invoice at a rate of approximately $15-20 per box (Melbourne) and $30 per box for interstate. Stores outside metropolitan areas are charged $25-50 per box (depending on your area). . Delivery to stores in other states will also cost more and the freight charges will be allocated on your invoice.
    2. We aim to pack and process our orders within 2-3 days upon receipt of your order. Please allow at least another 2-4 days for delivery in Melbourne and additional time for interstate deliveries. We will not be liable for any loss you suffer as a result of a delay or failure to deliver the goods within the specified delivery time.
    3. We generally use third party delivery companies, such as Australia Post, Couriers Please and Fastway Courier services, to deliver your order. By placing an order for the goods, you agree that your details, including your name, contact numbers and delivery address, will be passed to those third party delivery companies.
    4. Alternatively, you can arrange a delivery of the goods at your own expense using your preferred delivery agent or you can arrange a pick up from our warehouse in Mulgrave during business hours. Warehouse pickup must be pre-arranged and will not incur a delivery charge.
    5. Further, you agree that notwithstanding anything in these Terms, we are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.
    6. Please remember it gets busy over the Christmas period and we do our best to get goods out to you but all courier services at this time are struggling with their services. Therefore, the time it takes to deliver goods may be longer. Please also note the cut-off date to receive goods before Christmas is 10th December. That being said, you are welcome to pick up stock after that cut-off date or take your chances with courier companies. All items are tracked by us so please contact the warehouse at hello@makemeiconic.com if you have not received your order on time.
  12. Property & Delivery of goods
    1. Title of the goods passes to you only after the goods have been paid in full. Make Me Iconic is authorised to take possession of any goods in which it has title, to the value of the overdue amount.
    2. Risks in the goods will pass to you on when you take possession of them. You are considered to have taken possession of the goods if we leave them at a delivery address as instructed by you. You may insure your goods if you wish.
  13. Return of goods damage in transit
    1. You must inspect the goods on delivery and you must notify us of any damage by the delivery service upon receipt of the goods within 7 days of receipt of the goods (Notice Period).
    2. Please notify us at hello@makemeiconic.com When notifying us you will be required to send photos of the damage or fault. We will conduct an assessment to confirm if the goods have been damaged in transit.
  14. Return of obviously defective goods
    1. You may return them as defective if you notify us within 7 days of the receipt of the goods that they:
      1. are not of acceptable quality (as defined in the Australian Consumer Law); or
      2. do not conform to an agreed specification.
    2. You must notify us in writing at hello@makemeiconic.com to make a claim. Please use our Claim Form provided on the Purchase Order Excel sheet or ask us to email you a copy. When notifying us you will be required to provide an original receipt of purchase including the invoice number and send photos of the damage or fault. We will conduct an assessment to confirm if the goods are defective.
    3. We will cover the charges for returning the goods if we accept that they are defective.
    4. We do not accept returns for simply changing you mind or deciding not to stock our range.
  15. Your consumer returns
    1. a. Please note that if you sell faulty products to consumers, under the Australian Consumer Law you are responsible for replacing those goods and then (if the fault was with our product), we will provide you with a credit for those items.
    2. If you are an online store or have otherwise shipped the faulty goods to your consumers, you will not be responsible for any freight and shipping costs if the fault was obvious to you.
    3. We strongly recommend that you check that the stock is not faulty before you send it out.
    4. You must try to return goods with the original packaging as best as possible. Credits will be issued after the goods are received.
  16. Intellectual Property Rights and Brand Protection
    1. a. You acknowledge that no rights to any intellectual property in the goods are transferred to you.
    2. a. All of our images are strictly protected by copyright and cannot be used in any form without our express written consent.
    3. a. We find that when our goods are displayed together in matching collections, sales of the goods are maximised. Therefore, you agree to ensure that when displaying the goods for re-supply:
      1. Use reasonable endeavours to display all of our goods together;
      2. If we have provided you with instructions as to how the goods should be displayed, you will display the goods in accordance with our instructions;
      3. You will use reasonable efforts to ensure that the goods are displayed in a manner which reflects our aesthetic values as communicated to you from time to time You will use all reasonable efforts to display goods together which are from matching collections;
      4. If we allow you to sell goods online, you agree to use the brand “MAKE ME ICONIC” in the description of our goods and any other such terms as notified to you from ; and
      5. You will use all reasonable efforts to not display the goods in a manner which will dilute the value of our brand and reputation.
  17. Online Selling
    1. Please note that if you are bricks & mortar store and we have agreed to sell to your physical store and your business plan has changed and you are now also selling online then you need to get permission from us first to sell our goods online. You will also need to get permission to use our photographs and we have a Drop Box site where all our images are held. Just ask please.....
    2. please note that you are not allowed to sell our products to a 3rd party websites including but not limited to ebay, hard to find, amazon, or gumtree.
    3. you must stock any products that you list on your online store and cannot list products unless you are actually selling them. for example, you cannot list our products if you don't have them in stock to make it look like you have our full range.
    4. if you are an online store and have sent make me iconic faulty goods out to your customer - you are responsible for sending a replacement back to your customer. we will provide you with a credit for the faulty item and arrange for the faulty item to be sent back to us at our expense. we check all our own online orders before sending them out and we expect online stores to do the same. this also applies to stores that send stock out to customers via post/couriers. make me iconic is not responsible for the freight replacement even if our goods are faulty and we are not liable for damage stock sent out by you....check that the stock is not faulty before sending out to your customers.
  18. Termination of Agreement
    1. We may terminate this agreement with you and refuse to sell your store any more goods if you:
      1. become verbally or physically abusive to any of our staff (including by way of emails); object to our online store or our use of sales at any time;
      2. object to us selling at markets;
      3. cannot pay your bill;
      4. Use our trademarks or branding in a derogatory manner or in a way that would not be beneficial to us; or
      5. otherwise breach any other terms and conditions.
    2. On termination of this agreement you must immediately pay any outstanding invoices for all stock that you hold.
  19. Exclusivity
    You acknowledge that we stock a range of stockists and are not entering into this agreement with you on an exclusive basis. While we will make efforts to ensure that we do not sell to other stores within close proximity to you, we cannot guarantee that we will not stock any of your competitors.
  20. Our warranties
    We warrant that the goods we deliver will:
    1. match the description in the invoice and any agreed specification;
    2. be free of third party claims or undisclosed securities; and
    3. be of acceptable quality as defined in the Australian Consumer Law.
  21. Limitation of liability
    We limit our liability in relation to the sale of goods to you as follows:
    1. apart from the warranties in these Terms and Conditions or any express guarantees, we exclude all warranties and guarantees, whether written or oral;
    2. our liability for any claims (whether for negligence, breach of contract or statute) is limited at out option to either:
      1. replacing the goods or supplying equivalent goods; or
      2. repairing of the goods; or
      3. paying you the cost of having the goods replaced or repaired; and
    3. we are not liable for any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, production, profits or savings; or any reasonably foreseeable losses.
    4. However, this limitation of liability does not apply if it would restrict, modify or exclude rights in a way that is not permitted under the Australian Consumer Law or other applicable laws.
  22. Personal Property Securities Act
    1. If requested by us, you must sign all documents, provide all necessary information and do anything else required by us to perfect, register, maintain or enforce any security interest under the PPSA.
    2. For any goods supplied that are not goods that are used predominantly for personal, domestic or household purposes, the parties agree to contract out of the application of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 of the PPSA.
    3. Specifically, you waive the requirements for us to provide the following:
      1. A verification statement under section 157 of the PPSA;
      2. Notices under section 95, 118, 121, 130, 132 and 135; and
      3. Information to interested persons under section 275 of the PPSA.
  23. Variations
    We may vary these Terms and Conditions by giving you written notice at any time. The variation will only affect future orders.
  24. Jurisdiction and governing law
    This Agreement is governed by the laws of the State of Victoria, Australia.
  25. Events which are out of our control
    We shall not be held liable and responsible for any delay in performance of our obligations under these Terms and Conditions if the delay is caused by circumstances beyond our reasonable control.
  26. Severability
    Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions.
  27. Change of ownership
    Make Me Iconic must be notified straight away in writing in the event of any change of ownership of the Customer. The customer agrees to indemnify Make Me Iconic against any loss incurred if such notice is not given.

Thank you for taking the time to read our terms & conditions

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