Wholesale Terms & Conditions

Thank you for your interest in becoming a By NIKŌL stockist. Please review our wholesale terms below before placing your order!

Definitions:

"Customer" means a person, or business entity seeking to acquire Goods or credit from the Supplier.
"Goods" means all Goods and services supplied by the Supplier to the Customer.
"Supplier" means By Nikol Pty Ltd.

Customer Registration:

Wholesale ordering is available only to Customers approved and registered as wholesale Customers by the Supplier. Approval of Customers is at the sole discretion of the Supplier (By Nikol Pty Ltd) and the Supplier reserves the right to withhold approval, or revoke a Customer's registration at any time for any reason.

Prices:

All prices shown in the Supplier’s price lists are subject to change without notice. However, prior notice of impending price changes will be provided wherever possible. Prices advertised on our online store exclude freight, insurance, surcharges and any other charges arising from the sale and delivery of the Goods to the Customer. All shipping and handling costs in relation to the delivery of the Goods to the Customer are to be borne by the Customer. Any applicable taxes and/or delivery charges will be quoted and passed on to the Customer.

Quotations:

Any quotation provided for the supply of Goods is valid for 30 days unless otherwise stated in the quotation and is an invitation only to the Customer to place an order based upon that quotation. Any time period or date for the delivery of Goods stated by the Supplier is intended as an estimate only.

Minimum Orders & Conditions of Wholesale:

A minimum order value (excluding taxes, shipping and any other charges) applies to wholesale purchases. Goods are supplied to the Customer at wholesale/trade prices for the purpose of resale on the condition that the Goods are resold at the recommended retail price. The Supplier may, at its own discretion, withhold supply to any Customer for whatever reason, which may include the consistent resale of the Goods at discounted prices.

Orders:

An order for the supply of Goods placed in writing by the Customer is understood as a commitment to pay in full for those Goods specified in the order, which the Supplier can supply. Unless otherwise agreed, the Customer will be liable to pay in full for an order which has been confirmed and accepted in writing by the Supplier, whether or not the Customer subsequently purports to cancel, change or suspend the order wholly or partially.

Payment Terms:

Deposit Requirement – A non-refundable deposit of 50% of the total order value is payable at the time the order is placed. An order will not be accepted or processed until the deposit has been received in full and cleared funds.

Balance Payment – The remaining 50% balance is payable in full prior to dispatch of the Products, and in any case, within 7 days of the date of the final invoice. No Products will be shipped until final payment has been received and cleared.

Accepted Payment Methods – Payment may be made by bank transfer, credit card, PayPal, or other methods approved by the Supplier. A surcharge may apply for certain payment methods.

Currency & Taxes – All amounts are in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added at the prevailing rate where applicable.

Late Payment & Default – If the balance payment is not received within the agreed timeframe, the Supplier reserves the right to:

a)      Withhold dispatch of the Products;

b)     Cancel the order and retain the deposit to cover costs; and/or

c)      Charge interest on overdue amounts at 2% per month (calculated daily) until payment is received in full.

Retention of Title – Ownership of the Products remains with the Supplier until full payment of all amounts owing has been received. If payment is not made, the Supplier may recover the Products without prior notice and without liability for any loss or damage caused by such recovery.

Retention of Title:

The risk for the Goods passes to the Customer on delivery, and the Customer will indemnify the Supplier for any damages, costs or losses of Goods arising after delivery of the Goods to the Customer. Title to and property in the Goods shall not pass to the Customer until payment of all monies due and owing to the Supplier are received as cleared funds. In the event payment is not received by the Supplier for any order, or combination of orders for Goods in accordance with its terms and conditions, the Customer will, on demand by the Supplier, immediately return those Goods to the Supplier. The Customer hereby authorises the Supplier, its servants and agents, to enter premises owned, leased or otherwise occupied by the Customer for the purpose of taking possession of the Goods in accordance with these conditions.

 

Deliveries:

The Supplier may make partial deliveries of any order received. Any delivery dates quoted are estimates only and the Supplier is not bound by any such estimate and the Customer will not make claim, or delay payment, for non-delivery within the time estimated. The Supplier is not liable for any costs, losses or damages arising, whether directly or indirectly, from non-delivery or late delivery of any Goods ordered.

 

Warranty:

All Goods supplied shall be free from defects in materials and workmanship. The details of any purported defect received by the Customer should be communicated immediately in writing to the Supplier who will provide advice on any possible remedy. The Supplier will issue credit or exchange for Goods it judges to be defective. This warranty does not apply if

a)       the Goods are not defective

b)       the Goods were used for a purpose other than for which they were intended

c)       the Goods were repaired, modified , or altered by any person other than the Supplier

d)       the defect has arisen due to misuse, neglect or accident

e)       the Goods have not been stored or maintained as recommended by the Supplier

Other than as set out in these terms, the Supplier is not responsible for any costs, losses or damages arising, whether directly or indirectly, as a result of any defect or fault in the Goods. Return of Goods will not be accepted unless prior approval in writing has been given by the Supplier.

 

Intellectual Property Rights & Marketing:

All intellectual property rights in the Products, packaging, trademarks, and marketing materials remain the exclusive property of the Supplier. The Customer may use the Supplier’s branding, trademarks, and marketing materials solely for the purpose of promoting and reselling the Products and only with prior written permission. Any marketing content created by the Customer relating to the Products must be approved by the Supplier before publication.

 

Limitation of Liability:

To the maximum extent permitted by law:

a)      Neither party will be liable to the other for any indirect, special, or consequential loss or damage (including loss of revenue, loss of profits, loss of goodwill, loss of opportunity, loss of anticipated savings, and any loss arising from delay in delivery) suffered or incurred in connection with these Terms or the supply of the Products, whether arising in contract, tort (including negligence), statute, or otherwise.

b)     The total aggregate liability of either party for any loss or damage arising under or in connection with these Terms is limited to the total amount paid or payable by the Wholesale Customer to the Supplier for the specific Products giving rise to the claim.