Updated: October 2013
These are the Terms and Conditions of Sale of all goods merchandise and services (this "Product" or "Products") supplied by The Dreamer Label Pty Ltd (ABN 99 165 019 938) and its associated and subsidiary companies (this "Company") to any person, firm or company placing an order with the Company for the wholesale purchase of any Product (this "Stockist" or "Stockists"). These Terms and Conditions shall apply unless the Company agrees, in writing, to vary these Terms and Conditions:
Please take few minutes to read the below information about the legal terms and conditions that apply to you as a Stockist (Wholesale customer). If you don't agree to these terms and conditions please contact us before placing an order. These terms and conditions, which may be modified from time to time, apply to all Stockists.
Acceptance
Placing an order with The Dreamer Label confirms your acceptance of these terms and conditions and your agreement to be bound by them. If you do not accept these terms and conditions, please cancel your order immediately (within 48 hours of receiving your order confirmation). In the event of a violation of these terms and conditions, The Dreamer Label reserves the right to seek all remedies available by law and in equity. We may at any time and from time to time revise these Terms and Conditions by updating this posting. If the terms are amended they will be effective immediately and will be emailed to you.
Copyright, trade marks and ownership of rights
The copyright, trade marks and other intellectual property rights of Dreamer Label Products are owned by or licensed to The Dreamer Label Pty Ltd ABN 99 165 019 938 and unless authorised, the use or misuse of them is forbidden. Approved Stockists are welcome to use any of the images on the The Dreamer Label website for the purpose of promoting our Product/s. High res images are available upon request.
Prices
Prices shown on order forms are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to alter our pricing at any time, unless already invoiced. The RRP for each Product is listed on our main website (www. thedreamerlabel.com) and on our price lists. Stockists are free to set their own pricing as they see fit, but we ask that our Products do not retail under the set RRP, unless they are clearly marked as being on sale.
Minimum Quantities
Minimum order quantities may apply for wholesale orders. Please refer to our order form for information on each Product.
Shipping and Handling
Prices do not include Shipping and Handling, which is calculated and applied to your final invoice before final payment. For international orders you will receive a freight quote before your order is shipped. In-stock items usually ship within 1-3 days. If you place an order that contains both pre- or backorder and in-stock items, the whole order will ship when the missing items arrive. If you would like a split shipment, please contact us. Estimated delivery dates are approximate and for guidance only. We try our best to get your order dispatched to you as soon as possible, but we are sometimes affected by delays outside of our control.
Returns and Cancellations
All orders are final and cannot be cancelled once the order has been confirmed by us. We produce to order and do not accept return of unsold goods or change of mind.
We have made every effort to display as accurately as possible the colors of our Products that appear in our sales collateral including campaign imagery, lookbooks, websites; however, we cannot guarantee that our sales collateral will accurately display the actual colors. This is not considered a fault.
To report a faulty item, please email the details of the damage to info@thedreamerlabel.com, and quote your invoice number. Non-delivery must be reported immediately (within 48 hours maximum).
Return of faulty items should occur within 5 days of receiving them, please send your items back to us via Australia Post or courier with a tracking number. All items returned must be in original condition with swing tags attached. We cannot refund shipping charges. You are responsible for any cost associated with returning the item to us, including any currency conversion costs.
Payment Terms
We prefer an EFT payment, but may accept VISA and MasterCard (all payments made by credit card will incur a 2.4% surcharge). We do not accept Amex or Paypal. Please state your invoice number as the payment reference when paying via EFT.
Accounts
Unless otherwise agreed, all orders are payable on the day of the delivery of goods. Stockists may request to be on a 30 day account. In order to receive a 30 day payment terms, Stockists must pre-order during our seasonal sales campaign and will be required to pay a deposit within 14 days of receiving an order confirmation.
Pre-Orders/ Proforma Orders
Pre-orders and Proforma orders are considered final orders and cannot be cancelled once an order confirmation has been sent by the Company. We reserve the right to cancel the production of any of the Products in our range. If this occurs, the payment received for the cancelled Product will be refunded in full to the stockist.
Consignment Orders
Any Stockist ordering on consignment is obligated under these terms to assume responsibility for the Product whilst in their possession. The Products remain the property of the Company until time of sale. Stockists must return monies for Products sold and remaining unsold Products, to the Company within 90 days of receiving the Products. Whereby a Stockist fails to make payment or return unsold Products to the Company within 90 days (Unless otherwise specifically agreed in writing by the Company), the Company reserves the right to invoice the Stockist for the complete amount of the consignment order placed.
Overdue Accounts
All goods supplied remain the property of The Dreamer Label until payment is made in full. If we have your credit card details on file, we reserve the right to automatically charge your card the overdue amount without prior notice. Any accounts that are outstanding for over 60 days may incur a late payment fee of 3% and may be passed on to debt collection. Any fees involved in recovering the debt is the responsibility of the Stockist.
Non-Refundable Deposits (NRD)
As we produce to order, most ordered Products will require a non-refundable deposit (NRD) which will secure your pre-order through the production process. Failure to pay a deposit may result in an order being cancelled.
Exclusivity
We do not offer exclusivity on our Products. We are open to discuss any exclusivity requests.
Disclaimer
This Website and all Content of the Website are provided to our Stockists and prospective Stockists "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL The Dreamer Label BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR THE SUPPLY OR DELIVERY OR NON-DELIVERY OF PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF The Dreamer Label IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Governing law
No implication is made that the materials published on this Web Site are appropriate for use outside of Australia. The laws of the State of New South Wales, Australia govern these Terms and Conditions.
Comments, feedback and other
We're always happy to hear from you and welcome your comments, suggestions or feedback. Please feel free to contact us at info@thedreamerlabel.com