EcoNaps Wholesale Terms of Trade

Updated: Janurary 2020

These are the Terms and Conditions of Sale of all goods merchandise and services (this "Product" or "Products") supplied by EcoNaps (ABN 57 839 076 581) 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 a 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 EcoNaps 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, EcoNaps 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.

Approved Retailers

• A retailer wishing to become an approved EcoNaps retailer should apply by completing a Wholesale Application which is available on our website. 

• All information requested on the Wholesale Application form must be provided. 

• EcoNaps may require further information after receiving the completed form. EcoNaps will decide, in its own absolute discretion, whether to approve an applicant. We may decide to grant an approval subject to conditions in which case the approval will only become effective if the applicant accepts the conditions in writing.

Approved Retail Outlets

• An approved retailer is only authorised to resell EcoNaps products through an approved retail outlet. 

• If an approved retailer wishes to resell EcoNaps products through any different or additional outlet, including an online store, beyond the approved outlet, then the retailer must complete a new Wholesale Application form, as individual approvals are required for each individual outlet.

Pricing

• Prices shown on our wholesale website are in Australian Dollars (AUD) and are inclusive 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.econaps.com.au) 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.

Ordering

• Orders must be placed via our B2B online ordering system. 

• There is a minimum order policy of $600AUD for Brick and Mortar stores and $1,000AUD for Online Only stores, excluding shipping.

Payment Terms

• Payments can be made either via Credit Card (VISA or MASTERCARD), or via an EFT payment. We do not accept Amex or Paypal. 

• Please state your invoice number as the payment reference when paying via EFT. 

• All payments are due prior to your order being dispatched, unless you have a pre-approved account.

Shipping

• Prices do not include Shipping and Handling, which is calculated based on the tiered rates set out on the price list and will be automatically applied in the checkout of our wholesale store. 

• In-stock items usually ship within 1-2 days. 

• If you place an order that contains both pre-order 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 do not accept return of unsold goods or change of mind. 

• To report a faulty item, please email the details of the damage to sales@econaps.com.au, 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.

• 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.

Accounts

• Stockists may request to be on a 30 day account. In order to receive 30 day payment terms, Stockists must pre-approve a direct debit agreement. This agreement is to be confirmed prior to your order being dispatched and the pre-approved amount will be automatically debited from your chosen account 30 days from the day of dispatch of your goods.

Copyright, Trademarks and ownership of rights

• The copyright, trademarks and other intellectual property rights of EcoNaps Products are owned by or licensed to EcoNaps ABN 57 839 076 581 and unless authorised, the use or misuse of them is forbidden. 

• Approved Stockists will be provided images through the stockist image library for the purpose of promoting our Product/s. High res images are available upon request. Images must not be edited or altered in any way.

Terms of Sale

• EcoNaps sells only to approved retailers for resale through approved retail outlets. 

• EcoNaps does not permit sale of its product via Amazon, Facebook, Ebay, Gumtree, TradeMe or their equivalent. Approved retailers may promote, advertise and list EcoNaps products through Facebook and other social media outlets, however EcoNaps does not permit sale of products on social media. 

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 EcoNaps 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 EcoNaps 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 sales@econaps.com.au