Terms & Conditions
Trading Terms & Conditions – updated August 2016
All goods are sold and supplied by Homeware Distributors Australia trading as Deo Design ABN 21 718 630 041 to you (“the Customer”) on the following terms and conditions:
- The Customer acknowledges having received and read a copy of Deo Design current terms and conditions of trade (“the Terms of Trade”).
- Deo Design may vary the Terms of Trade at any time by publication of new terms of trade on its web site or by notice in writing to the Customer.
- The Customer upon ordering any goods from Deo Design is deemed to have accepted and is bound by the Terms of Trade current at the time the order is made.
- The prices charged for goods shall be the prices determined by Deo Design at the date of despatch.
- Prices are subject to change without prior notice to the Customer.
- The prices quoted for goods do not include any GST, freight and handling charges, which are payable by the Customer.
The Customer must pay Deo Design for all goods in full:
- COD for sale items
- Within 14 days from invoice date without prior approval for 30 day accounts
- Within 30 days from the date of Deo Design final invoice to Customers with approval for 30 day account
- The Customer is entitled to a discount of 2% if Bank Transfer payment in full is received by Deo Design prior to shipping the goods. This discount is not applicable to sale items and/or payments made by Credit Card.
- Deo Design reserves the right to refer the matter to a debt collection agency without prior notice if payments are not received on final notice.
- Goods will be supplied to a Customer on credit at the discretion of Deo Design.
- Deo Design may at any time in its discretion disallow a Customer credit, decline an order or stop delivery.
- New Customers must pay Deo Design for goods in full prior to despatch and will remain on a proforma basis until Deo Design determines that the Customer may be allowed credit terms and has received and approved a completed Credit Application form from the Customer.
- The Customer acknowledges and agrees that, upon submission of a completed Account Application Form, Deo Design is authorised to perform any credit checks on the Customer or any director or guarantor of the Customer with third parties as it requires.
- Minimum order for all Customers is $250 (GST and freight exclusive).
Special orders of goods or goods made to the Customer’s specifications:
- Must pay a deposit of 50% prior to confirmation of manufacturing order and will not be accepted by Deo design for exchange, return or cancellation, unless defective.
Back or Forward Orders
- Goods temporarily out of stock will be placed on back order. When available these goods will be dispatched to the Customer. Back orders and forward orders will be supplied at the prices determined by Deo Design at the date of despatch (not the date of the order).
- All order cancellations must be made in writing by the Customer
- If a goods and services tax or other value added tax (“GST”) applies in respect of any supply made to the Customer under or in connection with these Terms of Trade, the amount payable for that supply will be increased by the rate of GST applicable at that time and is payable by the Customer.
Freight & Handling Charges
- All prices exclude freight and handling charges the Customer shall pay GST on these charges.
Claims for Short Deliveries, Incorrect Goods, Breakages or Defective Goods
- The Customer must notify Deo Design in writing of all claims for short deliveries, incorrect goods or defective goods within 7 days of delivery receipt by the Customer. Claims after this period will be rejected.
- Subject to the above, Deo design will, in its discretion, make good the short delivery, replace the goods or issue a credit note.
Deo Design may at its discretion accept a return of goods from a Customer and issue a credit note (the Customer is not entitled to a cash refund) under the following terms:
- Prior consent in writing is obtained from Deo Design within 7 days of delivery.
- Returned goods must be in new condition suitable for resale and the final approval for accepting a return rests with Deo Design.
- Deo Design reserves the right to charge a restocking fee at its discretion
- All warranties, conditions and representations, whether express or implied, other than an express warranty in writing by Deo Design, are expressly excluded except to the extent Deo Design is by law unable to exclude, limit or modify its liability.
- To the extent permitted by law, Deo Design shall not be liable to the Customer for loss of profit or other economic loss or any damages in relation to any goods supplied to the Customer by Deo Design or for any negligence by Deo Design or its employees agents.
- The liability of Deo design in relation to the supply of goods is limited, where permitted by law, to the replacement of the goods or a credit note for the value of the goods.
Ownership of Goods
- Property and ownership of the goods will not pass to the buyer and will remain with Deo Design until payment of the purchase price of the goods and all other amounts owing to the seller by the buyer.