1300 787 771 SA | QLD
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Terms and Conditions

 

INTRODUCTION

 

National Salon Supplies Pty Ltd (A.C.N 100 288 275) of 2 Elizabeth Street Norwood South Australia 5067 ("We, us, our, NSS") is a wholesale distributor of hair and beauty supplies to professional trade customers.

 

The Customer ("You") have ordered Products from us and we sell those Products to you subject always to our standard terms of trade below.  You agree that even if you do not sign an order form, by accepting Products from us or continuing to order Products from us you have entered into a formal contract with us and accept that these terms of trade are binding on both parties.

 

•1.     Orders & Acceptance of Orders

1.1          All Orders must be placed by e-mail, fax or telephone directly to NSS and through no other means. 

 

1.2          We may refuse an Order for the following reasons without limitation:

a) that you are not in breach of any of these terms of trade; or

b) that you are unable to satisfactorily prove to us your status as a professional trade customer

and we will notify you in writing as soon as practicable after the Order is received if the Order has been refused.

 

•2.     Minimum Order Quantity

2.1          There is no minimum order quantity for Orders but we reserve the right to impose minimum order quantities in the future for any reason, including but not limited to our suppliers' minimum requirements.

 

•3.     Price

3.1          The price for each Product will be as contained in our latest published wholesale pricelist and will appear on our website http://www.nationalsalonsupplies.com.au/ ("the Website") unless a different price has been quoted to you and confirmed in writing.

 

3.2          The prices on our wholesale pricelist are Ex-Works from our warehouse. You agree that unless we have stipulated that freight is free or subsidised, you are responsible for all freight charges from our warehouse to your premises unless you advise us that you will collect or arrange for collection of the Products from our warehouse.

 

3.3          We may change our pricelist at any time provided we notify you of such changes on the Website.

 

•4.     GST

4.1          All prices include GST and the amount of the GST will be shown on our Tax Invoice.

 

•5.     Payment

5.1          Payment may be made by cash, company cheque, direct deposit or Electronic Funds Transfer to BSB 063 148 Account 1017 3837 or by credit card (Visa and Mastercard only).  Company cheques must be cleared prior to despatch and a cheque dishonour fee of $27.50 (GST inclusive) per dishonoured cheque will be charged.

 

5.2          Subject to sub-clauses 5.3 and 5.4, payment must be made in full prior to delivery.  No Order will be despatched until payment is received. 

 

5.3          For furniture and equipment orders, a 25% non-refundable deposit is required upon placement of your Order, with the balance due prior to delivery in accordance with sub-clause 5.2.  Cash on Delivery may be available in Adelaide and Brisbane for local orders only.

 

5.4          We may in our sole discretion grant credit terms to customers who have a history of trade with us and who purchase Products in excess of $600 per month provided you complete a Credit Application and we are satisfied as to your credit worthiness.  If you are a company, we will also require the directors of the company to provide a personal guarantee and indemnity using our approved form, guaranteeing your performance under these Terms of Trade.  If credit terms are approved by us we will set your credit limit and you must pay us strictly within 14 days of the date of our invoice.  If credit terms are not approved by us or if at any time we revoke your credit account, the payment terms in sub-clause 5.2 will apply.  If you do not use your credit account for a continuous period of 24 months, NSS may cancel your account without notice.

 

5.5          We may charge interest at 2% more than the prevailing penalty interest rate under s.2 of the Penalty Interest Rates Act 1983 on any overdue amounts from the date the payment falls due and you agree to pay any further fees we incur due to a default in payment including but not limited to legal fees, filing fees, storage fees, reasonable collection costs and late fees. 

 

5.6          Any discounts or incentives offered by us to you in relation to purchases made by you, will only be valid if you make full payment for the Products by the due date.

 

•6.     Delivery

6.1          Delivery times will vary in accordance with the type of Order and your location but will usually be within 3 business days of placement of Order.  Although we will do our best to service any special delivery requests, we make no warranties as to delivery times and it is your responsibility to ensure that you have sufficient stock to accommodate varying delivery times.  We will contact you once your Order is ready for despatch to advise of delivery if required.  We may but are not obliged to provide you with a track and trace consignment number.  You must pay to us any costs incurred in relation to missed deliveries.

 

6.2          Delivery is subject to Product availability.  Not all Product ranges are available in all territories.  Where the Products ordered by you are not available we will notify you of an available substitute for the Products but you are not obliged to accept the substitute and we will accept no liability for non-delivery of the Products. You will be notified of changes to the product list as soon as possible after we become aware of the change.

 

6.3          We will not be liable for delays in delivery or failure to deliver caused by any circumstances beyond our reasonable control, such as Acts of God or the actions of third parties.  You may not refuse delivery of Products which have been delayed due to such circumstances.

               

•7.     Non - Exclusive Supply

7.1          You agree that we supply the Products to you on a non-exclusive basis.

 

•8.     Copyright and Intellectual Property

8.1          All registered and unregistered trademarks, registered and unregistered designs, patents, copyright and other intellectual property rights in relation to the Products ("Intellectual Property") that is either owned by us or licensed to us by the owner  may under no circumstances be used to manufacture or have manufactured any Product. 

  • 9. Marketing

9.1          We grant you a non-exclusive licence to use the Intellectual Property to conduct marketing activities including advertising and in store promotion relating to the Products.  You must ensure that all registered trade - marks are used in the registered form on any marketing material and obtain our consent to any marketing material you produce.

9.2          We may provide marketing and brand management support to you in our sole discretion and we will continue to build brand awareness of the Products through various marketing activities using various media including print, electronic media, online and radio.  You consent to us publicising the fact that you are a stockist of our Product on our website as well as on other marketing material, unless you specifically opt out.

 

•10.   Consumer Guarantees and Returns

•         

11.1        You will have the benefit of all Consumer Guarantees under the Competition and Consumer Act 2010 ("the Act") if you are a "consumer" within the meaning of the Act.  We warrant that the Products will be of acceptable quality and fit for the purpose for which it is intended.  We make no other guarantees in relation to the Products except for those which cannot be lawfully excluded under the Competition and Consumer Act 2010.   We do not warrant to you that the Products will be compliant with the requirements of any laws and regulations relating to safety, marketing, labelling and/or packaging of goods in your territory. Compliance with the requirements of such laws and regulations will be your sole responsibility.

11.2        You must inspect the Products and notify us of any defects in the Products or if the Products are not what you ordered no later than 24 hours after delivery.   You must advise us in your notification of the order number, quantities, invoice number and reason for return.

11.3        Upon receipt of your notification, we will give you a Return Authorisation Number or other form of Return Authorisation, if we give initial approval for the return. No returns will be accepted unless we give you a Return Authorisation.   

11.4        Where we have confirmed a defect in writing and you are a "consumer" within the meaning of the Act, for minor problems, we may in our sole discretion repair or replace the Products or provide you with a refund. For "major failures" as defined in the Act, you may choose to either a refund or replacement of the Products or seek compensation for a drop in value of the Products.

11.5        We accept no other liability whatsoever for defective Products other than as described in this Clause.

 

11.6        Where we breach any part of these Terms of Trade or a consumer guarantee that cannot be excluded, to the fullest extent permitted by Australian Law, our liability will be limited to resupplying you the Products or reimbursing you the Product Price.  We will not be liable for any further damages for loss of profit, loss of contracts or other loss suffered by you, arising from or out of the Products.

 

•11.   Reselling

 

12.1        You buy the Products for the purpose of reselling them by way of retail sale only and in the condition they are received. You must not under any circumstances seek to wholesale or bulk-sell the Products to any third party without our prior written permission.  You must not sell the Products through any online mediums or discounting systems, including but not limited to e-bay unless you have our prior written consent to do so

 

12.2        You must not alter, copy, add to or modify the Products in any way.  In particular, you must not tamper with or obliterate Product labels or replace Product labels with your own labels or tags. 

 

12.3        If we become aware of you being in breach of this Clause 12, we reserve the right to repossess all Products in your possession and will no longer supply you with Products.

 

 

•12.   Title and Risk

 

13.1        Notwithstanding delivery, until the Price together with any interest charged is received by us in full, we hold a security interest in the Products ("security interest").  We reserve the right to perfect our security interest by registering our interest on the Personal Property Securities Register in accordance with the Personal Property Securities Act 2009, whereby our interest will be that of a secured creditor until such time as full payment of the Price is received. 

 

13.2      All risk in the Products passes to you upon delivery of the Products to you. 

 

13.3        If any of the Products are damaged or destroyed following delivery and while we continue to hold a security interest in the Products, we are entitled to receive all insurance proceeds payable for the lost Products to the value of the Price owing. The production of these Terms of Trade is sufficient evidence of our rights to receive the insurance proceeds.

 

•13.   Governing law

 

14.1        The laws of South Australia apply to these terms of trade and any disputes will be heard in the courts and tribunals of that State.

 

•14.   Dispute resolution

 

15.1        You agree with us that if there is a problem with any aspect of your Order or these terms of trade, we will try to resolve it between ourselves.  If the problem cannot be resolved by negotiation, the matter will be referred to mediation before a mediator approved by the Law Society of South Australia and both parties will participate in the mediation process in good faith.  Failing mediation, the matter will then be submitted to arbitration in accordance with the Commercial Arbitration and Industrial Referral Agreements Act 1986 (SA).  During the arbitration, we may both be represented by a lawyer.  We each agree to bear our own legal costs.  You agree with us that litigation in our relationship will only be used as a last resort.

 

•15.   Invalid provisions & Changes to Terms of Trade

16.1        If any part of these terms of trade is or becomes invalid, that part will be severed from these terms of trade. This will not affect the validity of the remaining provisions of these terms of trade.  We may change these terms of trade from time to time without notice and will provide you with a copy of the amended terms of trade.

 

•16.   Privacy

 

17.1        The information you provide to us is collected by us for the purposes of processing your Order or enquiry.  We may also use the information to keep you informed of any new Products or upcoming special offers unless you opt out of receiving such marketing materials on our Order Form.  The information may be provided to our staff, agents, contractors and related bodies corporate for these purposes.  If you do not provide some or all of the requested information we may be unable to properly process your Order or enquiry.  You have got the right of access to the personal information we hold about you and to ask us to correct it if it is inaccurate or out of date by writing to us at our above address.

 

17.2       You further agree that if you apply for a credit account, we may obtain from a credit reporting agency a credit report containing personal credit information about you in relation to credit provided by us.

 

17.3       You agree that we may exchange information about you with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes:

 

 17.3.1     to assess an application for credit by you; and/or

17.3.2     to notify other credit providers of a default by you; and/or

17.3.3     to exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers; and/or

17.3.4     to assess your creditworthiness.

 

17.4        You understand that the information exchanged can include anything about your creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

 

 

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