Terms of service
TERMS & CONDITIONS
By applying to Brighton House Décor Pty Ltd (ABN 49 639 994 880) to be a retailer of Palatable Tea Towels products you confirm that if your application is approved by us, you agree to these Terms & Conditions.
(a) Upon receiving your application to be a retailer of Palatable Tea Towels products, we will review it as soon as possible and will confirm whether your application has been approved.
(b) We supply products only to retailers physically located in Australia on a non-exclusive basis.
(c) If approved, you must represent the Palatable Tea Towels brand and products consistent with our brand and values, and agree that we may list and hyperlink to you as a stockist on our website.
(a) Once you have been approved, you may place a wholesale order through our website.
(b) To place an order, you must pay all costs, including all shipping costs, in advance. We will process and ship your order once we have received full payment including shipping.
(c) There is a minimum order of Items as stated on the website.
(d) Once your order has been placed, it may not be cancelled. Once your order has been fulfilled, your Items may not be returned except as required by law.
(e) When placing an order, you are making an offer to purchase. We are not obliged to supply the requested items.
(a) For orders (excluding shipping fees) under $1,000 (incl. GST), the shipping fee is $25. For orders (excluding shipping fees) of $1,000 or greater, the shipping fee is FREE.
(b) We ship only to retailers in Australia and do not ship outside Australia.
(c) Once your order has been collected by you or the shipping company, your order will be fulfilled.
(d) Your order will be delivered in 3-60 days depending on availability. You may have to pay an expedited fee if you want a rush delivery faster than the usual timeframe.
(e) If your items are unavailable, you will be notified as soon as possible and we will agree to exchange your Items or refund your payment.
(f) You may collect your order from our premises, or have it delivered to your premises at your cost, as agreed.
(g) If your items are not as ordered, you must email us at firstname.lastname@example.org within 48 hours of delivery and provide clear photos of any errors in your delivery.
(h) If obtaining an agreed refund or exchange, we will not pay or reimburse you for your return shipping costs, unless otherwise agreed.
(i) Once your order is fulfilled, all risk, title, and interest in the items is transferred to you.
4. ADVERTISING, MARKETING & SALES
(a) You may advertise, market, promote and sell the items provided that it is consistent with our goal to build and maintain a premium and exclusive brand. We recommend that the Items are sold at the recommended retail prices.
(b) You may only advertise, market, promote and sell the items from your brick and mortar store and/or your own retailer branded website based in Australia. You may not advertise, market, promote and/or sell the items through third party websites, applications or similar, including but not limited to ebay, Amazon and Gumtree.
(c) You must not allow any other person to advertise, market, promote, distribute, sell and/or re-sell the items.
(d) You must only advertise, market, promote or sell the items to consumers for their personal use and not for any other purpose.
(e) You must not alter the items or their packaging without our prior written consent.
(f) We reserve the right with written notice to you to suspend your advertising, marketing, promotions and sales of the items without any liability to you.
5. EXCHANGES, RETURNS, DEFECTIVE PRODUCTS
(a) We will not refund or replace an Item unless required at law.
(b) We will not provide a refund or exchange for a “change of mind” or you believe that an Item is “unsuitable” or if you are unable to sell an Item.
6. TERMINATION & LIABILITY
(a) Provided there are no unfulfilled orders, either party may terminate these Terms & Conditions with at least 30 days written notice to the other. Upon termination, you must immediately cease advertising, marketing, promoting and selling the Items. Such items must, at our request, be destroyed or returned to us immediately, at your cost. You will not receive a refund or any other payment for such cancellation.
(b) We may terminate these Terms & Conditions immediately with written notice where you are in material breach and have failed to rectify that breach within 7 days of written notice requiring remedy of that breach. Any unfulfilled orders will be cancelled immediately. You will not receive a refund for such cancellation.
(c) You will not hold us liable, and release us, for any liability arising from any loss or damage or third party claims incurred, suffered or brought against you, arising from us terminating or suspending these Terms & Conditions. You indemnify us, from all claims (including but not limited to third party claims), actions, demands, proceedings, losses, costs, expenses, penalties and liabilities incurred, suffered or brought against us arising from your negligence, misconduct or breach of these Terms & Conditions, and/or from your advertising, marketing, promoting or sale of the Items.
(d) You agree that our liability is limited to the resupply or refund of Items you have ordered and paid for.
(a) You must not infringe the intellectual property rights (including all existing and future rights in designs, copyright, know-how, moral rights, trade secrets, trademarks, trade names, and all other similar rights) in the Palatable Tea Towels brand, the design, logos, artwork and trademarks reproduced on the Items, or in any other intellectual property rights owned by us or our licensors.
(b) We may update these Terms & Conditions from time to time and will provide notice to you in writing.
(c) Paragraphs 4(g), 5, 6 and 7(a) survive termination of the Terms & Conditions.
(d) These Terms & Conditions, current as at 23 July 2023, are governed by law of Victoria, Australia.