Wholesale Agreement

 

Wholesale Agreement

 

Bambu is a provider of 100% Linen and Rayon resort wear, and an exclusive selection of jewellery for women to coastal boutiques around Australia.

Agreement

This Wholesale Agreement (“Agreement)’ is a legally binding agreement between Bambu Road (the supplier, also referred to as we, our or us) and you (the Retailer, also referred to as you or your) and contains the Terms and Conditions of purchasing wholesale items from Bambu Road.

 

By proceeding with your order, you are deemed to have read and accepted the Terms and Conditions of this Agreement. 

 

Please contact Melissa Rooney at Melissa@bamburoad.com.au if you have any questions about this Agreement or your order. 

Terms and Conditions

 

  1. Eligibility
    • 1 To qualify for wholesale purchases, you must be a valid retail business and by agreeing to our terms and conditions you certify that you are such.

Exclusivity

  • 2 Approval is needed before becoming a Bambu Road stockist.
  • 3 This allows us to determine the proximity of your store to other stockists in the area.
  • 4 Proximity and exclusivity will be evaluated case by case.
  • 5 If you don’t place a re-order within 6 months Bambu Road will consider the stockist time to have lapsed and exclusivity will be void.
  • 6 You are only authorised to sell through the retail store that you have listed.
  • 7 Secondary stores, as well as website and online sales, must receive prior written approval.

 

 

  1. Placing an order
    • You may place a wholesale order by:
  2. Emailing Melissa@bamburoad.com.au or
  3. Registering a customer account on our website Www.bamburoad.com.au
    0425736608
  • Customer registration requires approval by Bambu Road.
  1. You will be required to provide the following information during the registration process:
  • Name
  • Business Name
  • ABN
  • Email address
  • Phone number
  • Delivery Address

Password security

  1. You must ensure the security and confidentiality of your registration details, including any username and/or Password.
  2. You must not allow any other person to use your Password.
  • You must notify us immediately if they become aware of any unauthorised use of your registered details.
  • Information you provide is managed in accordance with our Privacy Policy (hyperlink).
  1. Order Requirements
    • You are required to purchase a minimum amount of $2000 on each order.
    • Due to high demands for holiday period periods such a Christmas, all orders for specific holiday periods may be required to be placed before a cut-off date prior to the holiday period. If an order cut-off date applies at any time you will be notified via our website and newsletter. 
    • Where an order cut-off date applies, we cannot guarantee our usual delivery time if an order is submitted after the order cut-off date.
    • You acknowledge that once you place an order with us, we may order or manufacture goods especially for you and we may not permit you to vary or cancel the order unless you compensate us for the losses we incur or we otherwise consent.
  2. Payment
    • The terms and conditions of this agreement apply to the payment terms described in your invoice.
    • You will be issued with an invoice via email upon placing your order.
    • A non-refundable payment of 50% of the invoice amount for your order is required at the time of placing your order.
    • The balance of payment due on your order invoice must be paid prior to postage or delivery or your items.
    • We accept payments via EFTPOS (credit and debit card) and via Bank Transfer to the bank details provided in your invoice.
    • Credit card payments are charged a Merchant processing fee of 2.9% + .30c.
    • Bambu Road does not offer accounts.
    • Please note that we only hold limited stock so all orders will be held for a maximum of 10 days from the date you are notified that your balance for payment for your order is due.
    • Failure to pay within 10 days will result in your order being reallocated to another stockist and funds paid by you will be forfeited.
    • We reserve the right to alter our prices at any time unless prior invoiced.

GST

  • Unless otherwise stated, the prices for the goods are exclusive of Goods and Services Tax (GST).
  • You must pay GST at the same time and in the same manner as the consideration for the goods.
  • We will give you a tax invoice showing the applicable GST.
  1. Shipping and handling
    • The retailer incurs the shipping costs but Bambu Road will pay for insurance for package delivery, with the carrier.
    • Delivery is typically within 4 weeks from the date of payment of the order.
    • We use Australia Post or a third-party courier service, based on cost affordability.
    • If your shipment is damaged in transit you agree to contact Bambu Road within 5 working days of delivery.
    • Any problems must be reported in writing or by email and retailer cannot return goods until a written authorisation to return goods has been provided by Bambu Road.
    • Goods sent back without written authorisation from Bambu Road will not be credited to your account.
    • We will use reasonable endeavours to deliver the goods to the delivery point and on the date requested in your order.
    • However, we will not be liable for any losses you suffer as a result of a delay or failure to deliver the goods.
  2. Return of obviously defective goods
    • You must inspect the goods on delivery and may return them as defective if they:
    • are not of acceptable quality (as defined in the Australian Consumer Law); or
    • do not conform to an agreed specification.
    • The period for returning obviously defective goods is 10 business
    • If you fail to return the goods (or notify us of any shortfall in the quantity delivered) within this period, you must pay for them in full despite any shortfall or defects (other than non-obvious or latent defects that you could not be reasonably expected to have identified within the time period).
    • Bambu Road will cover the charges for returning the goods if we accept that they are defective.
    • Should we ask you to return goods you must obtain a postage receipt and that will be credited against your account.
  3. Effect of this Agreement
  • 1 The Agreement applies in relation to any goods we sell you even if it is not signed 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).

 

 

  1. Goods supplied on a wholesale basis
    • You confirm you are purchasing the goods on a wholesale basis to on-sell or re-supply to your customers and that as such you may not be entitled to all of the consumer guarantees under the Australian Consumer Law.
  2. Our warranties
    • We warrant that the goods we deliver will:
    • match the description in the invoice and any agreed specification;
    • be free of third-party claims or undisclosed securities; and
    • be of acceptable quality as defined in the Australian Consumer Law.
  3. Limitation of liability
  • 1 We limit our liability in relation to the sale of goods to you as follows:
    1. apart from the warranties in this Agreement 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 our 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
    • 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.
  • However, this limitation of liability does not apply if it would restrict, modify or exclude your rights in a way that is not permitted under the Australian Consumer Law or other applicable laws.
  1. Copyright and Images
  • 1 All of the designs, products, and content within and any materials made available on the website are the sole property of Bambu Road.
  • 2 The website, designs, products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Babu Road.
  • 3 You agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product designs without the advance, express written consent of Bambu Road.
  • 4 You may seek permission to use any of our images or content for promotional purposes by emailing Melissa@bamburoad.com.au.
  1. Privacy Policy
    • Any personal information that you provide to us including your name, address, telephone number and email address will be treated confidentially and will not be released, sold or rented to any entities or individuals outside of Bambu Road.
    • We do however reserve the right to list your store's contact details in listed stockists on our website or to provide these details to a potential customer upon request.
    • We do not collect or record any credit card details you may provide when purchasing products from Bambu Road.
    • Your credit card details are securely passed to and processed by our Payment Processor, Stripe.
    • You may view our Privacy Policy in full here (hyperlink).
  2. Variations
    • We may vary this Agreement by giving you written notice at any The variation will only affect future orders.
  3. Jurisdiction and governing law
    • The jurisdiction and governing law of the State of Victoria apply to this Agreement. The courts of the jurisdiction are entitled, non-exclusively, to resolve disputes about this Agreement.