Terms & Conditions
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Supplier Terms & Conditions
Use of the liliawhispers.com.au website is subject to acceptance of these Terms and Conditions.
(“The Supplier’s Trading Terms”)
PAYMENT OF ORDERS /ACCOUNTS
- All orders which are endorsed or described as “Pro Forma / C.O.D Orders” are firm, irrevocable and non-cancellable by the Buyer and must be paid for in full prior to the dispatch of goods. Where payment for a Pro Forma Order is not received within 7 days of the date of invoice, the order will be cancelled by and at the sole discretion of the Supplier.
- All unit prices quoted shall be exclusive of Goods and Services Tax (“GST”) and GST will be payable on payment of the invoice.
- Any order for goods shall not be cancelled by the Buyer without the consent of the Seller. Any request for cancellation must be in writing and must be received by the Seller not more than 7 days after the date of the order for the goods. The seller may reject the cancellation request if the ordered goods are already in production or are purchased into stock by the Seller to fulfill the order.
- Purchasing from Whispers is safe, secure. Our banking merchant is Commonwealth Bank, Australia’s Leading Bank.
- Whispers will never ask for your Credit Card pin number during the purchase process. Details are collected at each order and never stored on our server in any format to eliminate the risk of customers’ financial information being accessed.
- Provision of credit card information as payment for product/s constitutes an agreement for your purchase of the selected products.
- You must not pay or attempt to pay for product/s using fraudulent credit card information.
- AVAILABILITY OF STOCK
- Whispers attempts to present the availability of stock accurately, however stock availability varies and is only valid at the time shown. In the instance an item cannot be supplied you will be notified for that item and the remaining pieces will be dispatched.
- PROPERTY IN AND DELIVERY OF GOODS
- The Goods supplied by the Supplier to the Buyer shall be at the Buyer’s risk immediately on delivery to the Buyer or immediately on delivery as directed by the Buyer or immediately on collection by the Buyer’s transport contractor as the case may be.
- Notwithstanding that the risk of loss or damage to the Goods passes to the Buyer. Property in and ownership of the Goods shall not pass to the Buyer until payment in full for the Goods shall have been received by the Supplier.
- Until payment in full of the invoiced cost of the Goods shall have been received by the Supplier, the Buyer shall hold the goods on a fiduciary basis as a bailee only for the Supplier and the Buyer shall (at its own expense) keep the Goods properly and safely stored separately from any other goods and stock of the Buyer and any other third party and in such a way as the Goods shall be readily identified as the Goods of the Supplier and the Buyer shall not, pledge, mortgage, charge or part with the Goods or attempt to do so without the prior written consent of the Supplier.
- Notwithstanding that the property in the Goods has not passed to the Buyer, the Buyer may resell the Goods or any part thereof in the name of the Buyer but only as agent for the Supplier and may deliver any such Goods to the buyer of them but only on terms which will not prejudice the Supplier’s ability to obtain the sale proceeds thereof.
- Any amount paid by the customer of such Goods from time to time to the Buyer (hereinafter referred to as “the sale proceeds”) shall be held by the Buyer in trust for the Vendor. Banked in a separate bank account relating only to the sale proceeds of the Goods of the Supplier under this and / or other contracts between the Supplier and Buyer and shall be forwarded as soon as possible after receipt to the Supplier.
- If and when the full amount of the price of the Goods has been received by the Supplier, any further part of the price received by the Buyer upon any resale by it of the Goods may be retained by the Buyer as its commission for effecting such sale as agent for the Supplier.
- An act of default of this contract shall be deemed to occur in the event of any of the following
- the Buyer failing to make payment in full of the invoiced cost of the Goods within 30 days from the date of invoice,
- the Buyer, if required herein, failing to insure the Goods from the date of delivery thereof by the Supplier and to provide evidence of such insurance to the Supplier.
- any distress or execution being levied upon the Buyer’s Goods or property,
- the Buyer, being a company, becoming unable to pay its debts as they fall due, offering to enter into any scheme of arrangement with its creditors, the passing by the Board of Directors of the Buyer of any resolution to wind up the Buyer, the filling of any petition to wind up the Buyer or the appointment of an administrator or receiver / manager in respect of the Buyer’s affairs, the Buyer, in the case of a natural person, being declared bankrupt,
- immediately upon the Buyer committing any Act of Default any right to sell the Goods in which the title to property remains vested in the Supplier shall cease forthwith and the Buyer shall upon the happening of any Act of Default immediately place all of the Goods then remaining in its possession or under its control at the disposal of the Supplier and the Supplier is hereby irrevocably authorised by the Buyer to nominate a person to enter the Buyer’s premises during normal business hours for the purpose of repossessing such of the Goods still in the possession or under the control of the Buyer and where necessary to use no more than reasonable force to liberate and take possession of the Goods. Where the Goods are stored in a warehouse conducted by a person other than the Buyer immediately upon committing any Act of Default the Buyer shall be deemed to have irrevocably appointed the Supplier to the attorney of the Buyer with the authority in the name of the Buyer to direct the warehouseman to release any of the Supplier’s Goods in possession or under the control of the warehouseman whether or not the Payment Period has expired and the Supplier shall be at liberty to resell the Goods after repossession of the same pursuant to this clause.
- Until the full amount of the price of the Goods due to the Supplier is received by the Supplier the Buyer
- shall maintain and keep full and up to date records of the Goods supplied by the Supplier including those Goods on-sold by the Buyer.
- hereby irrevocably authorizes the Supplier to enter its premises during normal business hours from time to time to inspect the residue of the Goods remaining unsold by the Buyer, the Buyer’s records relating to the Goods and also to inspect the accounts including bank accounts into which the proceeds of sale of that part of the Goods already sold are by this clause required to be deposited pending payment to the Supplier.
- RETURNS POLICY
- All Whispers Garments are checked to ensure the highest quality, however if you find any faults with any Whispers Garment contact us on 03 9416 3386 to organise a RETURN. All returns are subject to final inspection and if approved will be exchanged or credited within 10 days of the Goods being returned.
- MISCELLANEOUS PROVISIONS
- The Buyer shall be liable for and shall promptly pay to the supplier;
- The Supplier reserves the right to terminate the Credit Agreement at any time immediately upon service upon the Buyer of written notice of termination without providing any reason therefore.
- PERSONAL GUARANTEE
The Buyer hereby personally guarantees the payment of all monies payable from time to time by the Buyer to the Supplier, and also the due and full compliance by the Buyer with the suppliers Trading Terms outlined on this Order sheet, which I have read, understood and accepted. The Buyer further indemnifies and agrees to keep indemnified the supplier in respect to any loss or expense incurred by the Supplier as a consequence of any failure of the Buyer to comply with the Suppliers Trading Terms. This guarantee and indemnity shall continue regardless of any extension of time or other indulgence that may be granted by the Supplier to the Buyer from time to time.