TERMS & CONDITIONS
ORDERS
1.1 The Customer may place orders for JACKET CURATED Products directly with JACKET CURATED through the website, its sales representatives or by email.
1.2 JACKET CURATED may accept or refuse to accept in whole or in part any order placed by the Customer and, where JACKET CURATED delivers Products in instalments these Conditions of Sale apply to each instalment as if there were a separate contract in relation to each instalment.
1.3 The Customer may place orders for Products only on a firm sale basis and may not return Products other than as expressly provided in these Conditions of Sale or as otherwise agreed by JACKET CURATED.
2. PRICES
2.1 The Price for Products shall be as specified by JACKET CURATED on the website from time to time, unless where JACKET CURATED and the Customer agree otherwise.
3. PROPERTY AND TITLE
3.1 Property in Products is transferred to the Customer when JACKET CURATED unconditionally appropriates the Products to the Customer's order when the Products are picked up from JACKET CURATED’s shelves for delivery.
3.2 Upon property passing to the Customer the Products are at the Customer's risk notwithstanding the Products may not have left JACKET CURATED's premises or are in transit with the carrier for delivery to the Customer.
3.3 Despite clause 3.2, JACKET CURATED shall organise insurance on the products at the customer’s cost.
4. DISTRIBUTION
4.1 JACKET CURATED shall be fully responsible for the picking, packing and dispatch ("distribution") of the Products at and from their premises.
5. DELIVERY
5.1 JACKET CURATED shall be fully responsible for the collection and transportation of the Products ("delivery") from their premises to the Customer’s premises.
6. NEW ACCOUNTS
6.1 All new account Customers which includes new owner(s) of an established and existing business with which JACKET CURATED has been dealing are required to complete an "Application for an Account" form which must be submitted to JACKET CURATED.
6.2 At the discretion of JACKET CURATED, from the information supplied by the prospective Customer, JACKET CURATED will decide on the payment terms by which JACKET CURATED and the Customer will trade:
(a) Credit account - with credit limit.
(b) Cash or bank cheque - payable to the Agent.
(c) Payment to the Agent on receipt of invoice.
7. MINIMUM ORDERS
7.1 A minimum opening order will be required from all new Customers of $5000, such amount being paid by direct deposit by the Customer at the time of placing the initial order with JACKET CURATED. The opening order amount may be varied on application to JACKET CURATED where the Customer is a country or specialist store.
7.2 Where the aggregate price (excluding sales tax) of Products included in an order placed by the Customer is less than JACKET CURATED's minimum order value (as set by JACKET CURATED from time to time) the order shall be subject to a surcharge at the rate set by JACKET CURATED from time to time.
8. PAYMENT TERMS
8.1 Where JACKET CURATED allows the Customer credit, the Customer shall pay for Products and pay all other amounts, charges and surcharges included in each invoice issued by or for JACKET CURATED within 25 days of the end of the month in which the invoice was generated.
8.2 All payments shall be made to JACKET CURATED, unless JACKET CURATED directs otherwise.
8.3 Where the Customer fails to pay for Products or to pay any other amounts, charges or surcharges in accordance with sub-clause 8.1, JACKET CURATED may charge, and the Customer shall on demand made by JACKET CURATED pay, interest on the total amount unpaid at the rate equivalent to the Westpac prime rate from time to time plus 2% from the date for payment until actual payment calculated on daily rates and compounded monthly.
9. PROOF OF DELIVERY
9.1 A consignment note or invoice issued by or for JACKET CURATED is proof that the Products included in the consignment note or invoice were received by the Customer in good condition and the Customer is bound to pay for the Products included in the consignment note or invoice in accordance with these conditions of sale unless -
(a) the Customer claims that there is an error or discrepancy in the consignment note or invoice; and
(b) the Customer makes its claims by notice in writing to JACKET CURATED within 14 days of the date of the consignment note or invoice, quoting the relevant invoice number.
10. FAULTY PRODUCTS
10.1 Where any Product is defective or faulty by reason of a manufacturing fault (as distinct from damage caused by, or while the Product was under the control of a carrier), JACKET CURATED shall, upon physical inspection and verification by it of the damage and subject to the following provisions of this clause, replace the Product.
10.2 To obtain replacement product, the retailer should contact either a sales representative of JACKET CURATED or the principle office of JACKET CURATED who will inturn provide the Customer with a proforma credit note and "freight free" shipping documentation. The customer should then forward the Product to JACKET CURATED following the instructions provided with the documentation.
10.3 Where the Customer returns defective or faulty Products other than in accordance with clause 10, the Customer must bear or pay and must keep JACKET CURATED indemnified against all freight, insurance and other costs incurred in returning the Products to JACKET CURATED.
10.4 Where a Customer returns the Products to JACKET CURATED in breach of clause 10, JACKET CURATED reserves its right to return the Products to the Customer at the Customer's cost.
11. NATURE OF HAND MADE PRODUCTS
11.1 Products may be handmade or use genuine animal by-products. Due to the nature of our production method and materials, each product may vary slightly in dimensions, colours, or from the pictures. Natural variations are not faulty products and returns will not be permitted.
12. SHORT AND NON DELIVERIES
12.1 The Customer shall promptly give notice in writing to JACKET CURATED of any error or discrepancy in a consignment note, invoice or statement, and in each case shall give the notice no later than 14 days after the invoice date that relates to the relevant Products, consignment note or invoice.
13. RETURN OF PRODUCTS
13.1 Return of Products shall only be accepted by JACKET CURATED if the Products are accompanied by a Returns Authority Form (RA) plus a provided consignment note and delivery label. Such forms being obtained by the Customer from JACKET CURATED.
13.2 If the Customer chooses to use another carrier to that designated by JACKET CURATED then all such freight and other costs shall be borne by the Customer.
13.3 JACKET CURATED will only issue a Credit Note to the Customer for returned Products upon physical examination by it of the Products and verification of the accompanying Authorisation documentation.
14. COPYRIGHT
14.1 All products sold by JACKET CURATED are the subject of copyright by virtue of the Australian Copyright Act 1968
14.2 The Customer may dispose of Products which include copyright (Copyright Products) only by outright sale by retail and in particular shall not dispose of or offer to dispose of Copyright Products by lease, hire, rent or exchange or under a contract, arrangement or understanding for return and exchange.
14.3 JACKET CURATED will instigate immediate legal action against and reserves the right to not supply any Customer who deals in Copyright Products that are imported into Australia in breach of JACKET CURATED or its associated companies copyright, or Trade Marks and any Customer who stocks, offers for sale or deals illegally in pirate, counterfeit or bootleg recordings in which JACKET CURATED or its associated companies own or control the copyright and or Trade Marks.
15 WARRANTY
15.1 Jacket Curated ships items that conform to the samples on our website. However, small irregularities in shapes, surfaces and finishes are hallmarks of handcraftsmanship and should not be considered defects. Items may vary in colour from the website photographs. Specifications of individual items are subject to change and may differ slightly from those shown or indicated.
15.2 Jacket Curated warrants its products for one year from date of sale against defects in materials and workmanship. Our limited warranty does not cover: (a) normal wear and tear, (b) product variations, (C) defects or damage occurring due to, or following product modification (d) damaged caused by shipping/transit and (e) damage caused by misuse, abuse, or negligent treatment of merchandise.