TERMS & CONDITIONS
INTERPRETATION
In these terms the “Seller” means WORLD OF CAKE, ACN 143 300 832. “Buyer” means the purchaser of the goods sold. These Terms supersede all other terms, conditions and agreements and apply to all future transactions between the Buyer and Seller.
TRADING TERMS
The granting of credit to a Buyer shall be at the absolute discretion of the Seller and unless otherwise demanded by the Seller, the Buyer shall make payment of all amounts payable within thirty (30) days after the end of the month of the Invoice date.
If the Buyer fails to make payment as required under this agreement, the Seller reserves the right to require cash payment before the delivery (C.B.D) of any additional goods. A late payment fee may
be applied and reflected on the Buyer’s statement. After 14 days of non-payment, the Buyer’s account will be placed on stop credit,
and no further orders will be released until payment is received. The Seller is also entitled to recover all expenses and charges incurred in pursuing the outstanding balance, including but not limited to fees for mercantile agents, legal costs, and disbursements on a solicitor- client basis.
The Buyer shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off.
Goods shall be at the Buyer’s risk for loss or damage upon delivery to the Buyer’s premises. Title shall not pass to the Buyer until all payments due from the Buyer in respect of the goods have been made to the Seller by Cleared Funds.
Until the goods are paid in full, the relationship between the parties will be fiduciary, and the Buyer will hold the goods as bailee for the Seller. The Buyer will store the Seller’s goods separately from the Buyer’s own goods.
Buyer may before paying for the goods, sell the goods to third parties, in which event, the Buyer shall hold on trust for the Seller, the proceeds of sale or Rights to such proceeds.
If any question arises as to title to the goods, the onus shall be on the Buyer to provide that title has passed to the Buyer.
DELIVERY TERMS
Goods will be delivered Free into store in all areas of Australia provided the value of the original order/shipment is in excess of
$600.00 wholesale, plus GST.
All orders less than $600.00 and in excess of $250.00 plus GST will be shipped by our nominated carrier and will be subject to a minimum
$49.00 freight charge.
The Seller is not liable for re-delivery fees, lost or stolen orders, or any additional costs.
SMALL ORDERS
The Seller reserves the right to reject an order under $250.00 in wholesale value.
CLAIMS, RETURNS, ALLOWANCES
The Seller’s Sales Manager or Agent may in his/her absolute discretion agree to accept returns of undamaged goods for credit. Written authorisation from them is necessary before returning the goods for credit.
Claims will not be accepted for short deliveries, damage in transit or faulty merchandise unless notification is received by Seller within fourteen (14) days of delivery to the Buyer’s premises.
Authorisation by the Seller’s representative must be obtained before goods are returned.
Any claims for damaged goods must refer to the official invoice number and date, and state the reason for the claim.
No freight or other charges for goods returned by the Buyer will be accepted by the Company unless authorised. The Seller’s nominated carrier must be used if qualified goods are returned.
Acceptance of delivery for returned goods for credit does not signify agreement to issue a credit note. A credit note will be issued only after the goods have been inspected and found to be satisfactory
in the opinion of the Company. In the event that a credit note is not issued, the Buyer will be advised and the goods made available for collection by the Buyer.
Goods returned for credit may be subject to a 10% re-stocking charge and will be credited to your account only if received in saleable condition, without the Buyers pricing stickers and goods not faulty or in a damaged condition when delivered to the Buyer.
The following goods cannot be returned for credit under any circumstances:
- Any goods specially made or purchased for the
- Any goods damaged or altered in any way by the
BACK ORDERS
Where items are temporarily out of stock, they will be placed on back order unless instructed otherwise by the Buyer. If the back order value exceeds $250 and is delayed by more than seven (7) days, the Seller will notify the Buyer before dispatching the goods.
ACCEPTANCE OF TERMS
The Buyer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as the Seller may its sole discretion determine.
The placement of any order of goods to be supplied by the Seller will be considered as confirmation of acceptance of these Terms and Conditions.