English (US)Terms & Conditions - Wholesale Pots
Terms and Conditions: Wholesale Pots®
PAYMENT: All goods are to be paid for in advance prior to collection or shipping via EFT directly into the company bank account or by cash following receipt of invoice
DUE TO THE HIGH INCIDENTS OF FRAUD WE DO NOT ACCEPT AFTER PAY, PAY PAL, EFTPOS OR CREDIT CARD PAYMENTS. We do not have Afterpay
Upon acceptance of this quotation, the purchaser agrees to and accepts the following terms and conditions.
Prepaid Goods: all goods are to be paid for prior to despatch. Ownership of goods transfers to the purchaser at the date and time the goods are despatched from Wholesale Pots®
Furthermore,Wholesale Pots® will not be held liable for damage, destruction or loss of goods in transit. Liability rests with the freight provider, courier and or the collection agent/purchaser.
Wholesale Pots® branded products originating from the licesnsor but supplied to consumers via independent licensed operators shall be warranted by the agent / opeartor who supplies the pots to the end user / consumer. Any conflicts or disputes regarding non supply or warranty shall be resolved between the agent and the consumer and Wholesale Pots® and any related subsidiary, (the licensor)shall not be liable for damage or loss to either agent or consumer.
All products released from Wholesale Pots® warehouse are thoroughly inspected for defects prior to being despatched. All goods are thoroughly packaged to prevent damage from occurring given normal handling conditions.
Purchasers are welcome to nominate their own freight company or to collect goods from the Wholesale Pots® warehouse. In doing so, ownership transfers to the purchaser from the date and time goods leave the warehouse. Removal of goods by the purchaser from the Wholesale Pots® warehouse is acceptance that the goods are in good order and condition.
Where requested, Wholesale Pots® will contact freight companies and transport on behalf of the client. In doing so, accepts no responsibility for goods in transit. The risk transfers to the purchaser upon despatch or collection of goods from the warehouse.
Freight carriers: Whilst Wholesale Pots® endeavours to only ship using reputable transport providers, not all the providers are common carriers thus not all providers offer the option for insurance.
Where insurance is an option, the purchaser reserves the right to accept or decline the optional insurance (additional charges apply if insurance is accepted). Where insurance is declined by the purchaser either verbally or in writing neither Wholesale Pots® nor the freight company will accept any claim for damage to goods in transit.
Where insurance has been accepted and the appropriate amount paid, in the event of a claim for damage to goods in transit, the purchaser shall deal with the claim directly with the freight company. The licensor will not be involved with insurance claims or liaise with the freight company.
Where insurance is not offered it is recommended that the purchaser look at their own insurance options as the licensor is in no way responsible for goods once they have left the licensor's warehouse.
In all circumstances, clients are also encouraged to seek their own transport and make their own arrangements where possible to ensure that the best transport options for the individual’s needs are met.
Upon receipt of goods it is recommended that the purchaser thoroughly inspects all items before accepting and signing for the goods. Signing for goods is the purchaser’s acceptance that the goods have been received in good order and condition. If goods are signed for as being received in good order and condition then this may waive the client’s right to an insurance claim against the freight company.
In the event that damage is noticed, the damage must be detailed on the consignment note. Failure to note damage on the con note may void any warranty claim against the freight provider.
Contact: It is the purchaser’s responsibility to ensure that they are contactable by the freight company via telephone. Freight providers generally deliver curb side and are not responsible for locating or placing goods in other areas. Where a freight provider is unable to make a delivery for whatever reason or is unable to contact the purchaser additional fees and charges will apply. These charges are commonly referred to as “futile delivery” charges. Wholesale Pots™ is not liable for any futile delivery charges and the purchaser agrees to pay the freight provider and or the supplier for any such charges that are incurred.
Hand unload: Where there is no mechanical means to unload goods, additional charges will apply for hand unload of goods. The purchaser is responsible for all hand unload fees and agrees to pay for any fees incurred. Purchaser also required to provide assistance in unloading the goods.
Goods in storage: Unless prior arrangements are made and agreed to by Wholesale Pots®, all goods that are paid for must be collected from the warehouse within seven days. Storage costs may be applied to goods not collected. Where storage is not approved and whereby goods remain after 7 days, the supplier will not be held liable for any damage however incurred to goods left on site.
Lay- By, Deposits and payment installments: Where goods are paid for on a payment plan or holding deposit is paid, the goods must be paid for and collected within 3 months. Storage costs may be applied for goods not collected within this time frame at the rate of $25.00 per day. Failure to make full payment and collect goods within 4 months from initial deposit being made will result in loss of deposit and further compensation may be sought for storage costs and resale of the item. ALL DEPOSITS PAID FOR NEW AND USED ITEMS ARE NO REFUNDABLE, so ensure you are satisfied with your purchase prior to paying a deposit. The Vendor reserves the right to resell any item not paid for in full or collected within 4 months, without compensation to the purchaser.
Allureglow International Pty Ltd trading as wholesale pots, Garden Galore, Pots Direct and Wowsers has identified core principles we believe are integral and imperative for all Lay-by agreements to be fair and reasonable.
The following principles below therefore make up the Terms & Conditions for any Lay-by or Lay-by contract and related transactions entered into. This applies to all and any Lay-by contract template utilised by both the vendor or consumer.
A 20% non-refundable deposit is required as a down payment followed by payments which fit your needs. You have 90 days to complete the purchase, and it is your responsibility to make the payments. We do not send reminders regarding your order or payments, however, in the event the 90 days is complete we will make an attempt to resolve the outstanding balance with you. Your product/s will be shipped to you or collected upon the final installment.
All Lay-by's are subject to a 2% non-refundable admin fee in addition to the 20% non-refundable deposit.
Lay-by Terms
Our Lay-by terms are strictly as follows:
a) An initial Lay-buy deposit of 20% is required for all Lay-bys.
b) The deposit money in addition to the admin fee will both be forfeited if the Lay-by is cancelled by the buyer.
c) Term of Lay-by is strictly 90 days. In the event 90 days is complete Allureglow International Pty Ltd will make an attempt to resolve the outstanding balance with you.
d) Product/s will be shipped / available for collection upon receipt of the final installment
e) Please choose carefully as our refund and exchange policy does apply to Lay-by purchases.
f) Sale items not included.
TERMS AND CONDITIONS
The following principles below make up the Terms & Conditions for any Lay-by or Lay-by contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
- Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed Lay-by policy. - Storage and Identification of Lay-By Products
Product’s on Lay-by will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-by contract’ products by a number or some other identification. - Cancellation of Lay-by by Buyer
The buyer may cancel their Lay-by agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees. If a buyer cancels a Lay-by, seller will, if so requested by the buyer, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to seller under all Lay-by terms and conditions; and
c) The total amount paid under the Lay-by; and
d) Any amount owing to either the buyer or seller under the Lay-by terms on the cancellation of the Lay-by. If seller does not accept the buyer’s cancellation it is obliged to give/send the buyer a duly completed Lay-by Form of Cancellation immediately. - Cancellation of Lay-by by Seller
The seller under a Lay-by must not cancel it unless –
a) The buyer breaches a term of the Lay-by; or
b) The seller stops trading; or
c) The products are no longer available - Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-by and seller intends to cancel the Lay-by, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-by; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be: I) in writing, sent to the buyer’s last known email address, and
II) must specify the breach of the Lay-by for which the Lay-by is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below: * the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-by;
* any amount owing to either the buyer or seller under the terms of the Lay-by on the cancellation of the Lay-by. The Lay-by is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it. - Cancellation where business closes
If Seller under a Lay-by agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-by - Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-by and refund all monies to the buyer. - Effect of Cancellation
Subject to the above, when a Lay-by is cancelled by either party, a cancellation of 20% of the sale price as well as the 2% admin fee is charged as an administration and re-stocking fee. Seller must refund all money paid within 14 days by way of payment made for the sale. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or where Seller has breached a term of the Lay-by statement. - Cancellation Charge / Non-refundable Deposit
Seller shall charge the buyer a 20% cancellation fee of the total order value as well as the 2% non-refundable admin fee under the terms of all Lay-by purchases. - Banking Charges back Fees
The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-by purchase. - Service Fee
Seller shall charge a non-refundable 2% admin fee to initiate the Lay-by contract. The Seller shall not charge any interest charges on Lay-by sales transaction. Allureglow International Pty Ltd charge an admin fee, which is a once-off 2% of the total order value at time of agreement. The buyer will pay this amount to Allureglow International at time of paying the down payment. This fee is an admin fee and is therefore not refundable. - Lay-by Reporting
Seller shall have reporting in place for all Lay-by deals covering Down Payment made, Lay-by period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made). - Delivery
The seller will only dispatch the buyer product/s after receiving the final instalment payment for total amount of the Lay-by. - MISCELLANEOUS
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Storage fees of $25.00 per day apply where goods are not paid for in full and collected by the end of the Lay- By period
14.6 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
SIZE: Due to hand production of each pot, actual size of items may vary by up to 15 - 20%. Pots and planters are hand made ( not mass produced) and as such irregularities and variations will be apparent with no 2 items being identical. Pots and planters will not be perfectly straight or round as they are hand made and engineered. The purchaser accepts cosmetic, non structural defects as a condition of purchase. Product varies in size from production to production and variation in size in expected
REFUND:we do not offer a refund if you simply change your mind. Please select items carefully and discuss specific requirements with our team prior to purchasing.
All quotes are individually compiled to service freight requirements and acceptance is requested prior to any payment being taken.
WARRANTY
Wholesale Pots® has a return to base warranty policy.
In the event that a purchaser has need to place a warranty claim, the item/s must be returned to the Wholesale Pots® head office at the purchasers cost. The claim will be assessed upon receipt of the goods to ascertain the cause of the fault.
Credit, replacement, REPAIR or refund will be offered on approved claims at the discretion of management and in accordance with Australian consumer law. Where a product has been used incorrectly, has been damaged by the purchaser or has not been used for its intended purpose, the warranty claim will be instantly dismissed.
Return freight costs are the responsibility of the purchaser. Where inwards freight has been paid by the purchaser, the freight cost shall be forfeited. Only the cost of the product will be refunded, not freight charges.
Where a fault is evident as a result of faulty workmanship then the claim will be processed as per the above.
Wholesale Pots® /Elite Garden Galore® / are trade marks of the licensor. Elite Garden Galore™ & Wholesale Pots® licenses the use the "Wholesale - Pots Direct® 2U" trading name to independent operators and as such assumes no responsibility or liability for any actions of the licensees.
Returns - change of mind policy
Due to the fragile nature of products we do not offer change of mind credits, refund or exchange until products have been returned to our warehouse and thoroughly assessed. We have the right to deny any return of any product and acceptance of return is at the sole discretion of the supplier. Where return is accepted, the purchaser is responsible for outward and inward freight costs. A 25% restocking fee will also apply
Where product has been customised, made to order or custom colored for a client there is strictly a no return policy and Pots Direct / Wholesale pots is not obligated to refund, credit or exchange any item.
Freight - Due to the fragile nature of many of our products, interstate and international freight is not an option on all products. Freight to business addresses preferred however domestic and residential shipping is available on some items
All rights reserved.
