Terms of Use

If you continue to browse and use this website, you are agreeing to comply with and be bound by Terms & Conditions, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. Please visit our Terms & Conditions. Our website is a free ordering platform directly connecting our customers to our teams.

Definitions
1.1 Buyer means the person/s buying the Goods as specified in any order, invoice or other document, and, if there is more than one Buyer, is a reference to each Buyer jointly and severally.
1.2 CCA means the Competition and Consumer Act 2010 Cth.
1.3 CRB means a credit reporting body.
1.4 Goods means all goods and, if any, services, supplied by the Seller to the Buyer from time to time.
1.5 GST means Goods and Services Tax as defined in the GST Act.
1.6 GST Act means A New Tax System (Goods and Services Tax) Act 1999 Cth.
1.7 Non-Excludable Rights has the meaning given to it in clause 8.1.
1.8 PMSI means a purchase money security interest as defined by the PPSA.
1.9 PPSA means the Personal Properties Securities Act 2009.
1.10 Price means the Price (plus any GST where applicable) payable for the Goods.
1.11 Security Interest and “purchase money security interest”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meanings given to them by the PPSA.
1.12 Seller means Repertoire Culinaire Australia Pty Ltd T/A Imports of France, its successors and assigns or any person acting on behalf of and with the authority of Repertoire Culinaire Australia Pty Ltd T/A Imports of France.
1.13 Terms means these terms and conditions of trade as varied by the Seller from time to time.
2. Ordering the Goods
2.1 An order for Goods constitutes an offer to purchase the Goods by the Buyer subject to these Terms. The Buyer is taken to have exclusively accepted and is immediately bound by these Terms if the Buyer places an order for or accepts delivery of the Goods.
2.2 The Seller’s preferred method of placing orders is via e-mail at ordersVIC@repertoireculinaire.com.au in Victoria and ordersNSW@repertoireculinaire.com.au and is subject to:
(a) orders for the Melbourne/Sydney Metropolitan Area for next business day delivery, must be submitted to the Seller by no later than 3:30pm, any orders received after this deadline cannot be guaranteed delivery for a following day; and
(b) orders received by 3:30pm will take forty- eight (48) hours to be delivered in the regional Victoria/NSW and interstate area; and
(c) where a placed order has been made, cancellation of said order will only be accepted provided notification has been made to the Seller in writing and/or email within twenty-four (24) hours of placing the original order.
2.3 The Seller reserves the right to specify the minimum order value that will be accepted from time to time. The Seller may at the Seller’s absolute discretion, supply orders below the specified minimum order value and charge a handling fee, as determined by the Seller and communicated to the Buyer, on all such orders.
2.4 The Seller may at its absolute discretion decline any order either in whole or in part.
2.5 The Seller reserves the right to terminate the Buyer’s order if the Seller believes that the Buyer has provided false or misleading information or breached these Terms.
2.6 Indent orders or pre-orders are required to be in writing from the Buyer with an authorised purchase order. At the Seller’s sole discretion, such orders may be subject to a deposit. The deposit amount or percentage of the Price due will be stipulated at the time of the order of the Goods and shall become immediately due and payable.
2.7 In placing any order, the Buyer expressly represents that the Buyer:
(a) is solvent; and
(b) has not committed an act of bankruptcy; and
(c) knows of no circumstances which would entitle any creditor or secured creditor to appoint a receiver or which would entitle any creditor or shareholder to apply to the Court to liquidate the Buyer or exercise any other rights over or against the Buyers’ assets.
3. Paying for the Goods
3.1 The Price is to be calculated by reference to the Seller’s current price list. The prices and product specifications contained in the price list are subject to change at the absolute discretion of the Seller and without notice to the Buyer.
3.2 At the Seller’s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Seller to the Buyer; or
(b) the Price as at the date of delivery of the Goods; or
(c) the Seller’s quoted price which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
3.3 At the Seller’s sole discretion, a non-refundable deposit may be required.
3.4 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation (including, but not limited to, in the event that overseas transactions increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges or as a result of increases to the Seller in the cost of the Goods). Such variations will be detailed in writing and charged for based on the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
3.5 The Buyer acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, the Seller reserves the right to vary the Price to cover the supply of alternative Goods.
3.6 Time for payment for the Goods being of the essence, the Price will be payable by the Buyer on the date/s determined by the Seller, which may be:
(a) on delivery of the Goods;
(b) thirty (30) days following the date of invoice;
(c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Buyer by the Seller.
(d) on the date agreed in writing between the Buyer and Seller.
3.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Buyer and the Seller.
3.8 The Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Buyer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
3.9 The Seller may set off any amount owed by the Seller to the Buyer from any amount due by the Buyer to the Seller.
3.10 Should the Buyer fail to pay the Seller’s invoices by the due date then the Buyer shall pay all of the Seller’s costs and expenses (including legal costs determined as between solicitor/own client) which may be incurred in the recovery or attempted recovery of the overdue amounts from the Buyer.
4. Paying GST
4.1 Unless otherwise stated, the Price does not include GST. Invoices will be issued in the prescribed form as set out by the GST Act.
4.2 Any discounts or other terms agreed between the Buyer and the Seller will be calculated on and applied to the Price exclusive of GST.
4.3 If GST is imposed on any supply made by the Seller pursuant to these Terms, the Buyer must pay GST calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable (without any deduction or set-off) by the Buyer under these Terms.
4.4 Any amount of GST payable is payable at the same time and on the same basis as the Buyer pays the Price.
4.5 If any part of the Price is referable to both a Taxable Supply and anything that is not a Taxable Supply, the GST exclusion portion of the Price shall be determined by the Seller. Where the Seller determines on reasonable grounds that an adjustment is required to the Price, it will promptly issue any ‘Adjustment Notes’ as prescribed by the GST Act.
4.6 The Buyer must pay any other taxes and duties that may apply.
5. Delivering the Goods
5.1 Delivery of the Goods is taken to occur at the time that:
(a) the Buyer or the Buyer’s nominated carrier takes possession of the Goods at the Seller’s address; or
(b) the Seller (or the Seller’s nominated carrier) delivers the Goods to the Buyer’s nominated address even if the Buyer is not present at the address.
5.2 The Buyer shall ensure that the Seller has clear and free access to the site at all times to enable delivery of the Goods. The Seller shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Seller.
5.3 The Buyer agrees that the delivery docket signed, whether by any employee of the Buyer or any other person signing for or on behalf of the Buyer, shall be conclusive evidence of delivery.
5.4 At the Seller’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price, subject to the following:
(a) orders under one hundred and fifty dollars ($150.00) will automatically attract a twenty-dollar ($20.00) fee;
(b) orders over one hundred and fifty dollars ($150.00) within the Melbourne Metropolitan Area or (30 kms radius from the GPO) are not subject to a delivery fee;
(c) rural delivery for orders under three hundred and fifty dollars ($350.00) are subject to a freight cost as determined by the Seller;
(d) rural delivery for orders over three hundred and fifty dollars ($350.00) are not subject to a delivery fee; and
(e) interstate orders are ex-works and the cost of delivery is at the Buyer’s cost, unless prior arrangements have been made with the Seller.
5.5 The Seller may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with these Terms.
5.6 Any time specified by the Seller for delivery of the Goods is an estimate only and the Seller will not be liable for any loss or damage incurred by the Buyer due to late delivery. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place that was arranged by both parties. If the Seller is unable to supply the Goods as agreed solely due to any action or inaction of the Buyer, then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.7 The Buyer acknowledges that the supply of Goods on credit shall not take effect until the Buyer has completed a credit application with the Seller and it has been approved with a credit limit established for the account.
5.8 If the supply request exceeds the Buyer’s credit limit and/or the account exceeds the payment terms, the Seller reserves the right to refuse delivery.
6. Warranty
6.1 The Buyer may not, without the Seller’s written consent, alter, remove, or obliterate any labels which the Seller attaches to the Goods.
6.2 Subject to the clause 8.1, the Seller disclaims all conditions and warranties expressed or implied, and rights and remedies conferred on the Buyer or other parties, by statute the common law, equity, trade, custom or usage or otherwise howsoever and all such conditions and warranties and such rights and remedies are hereby expressly excluded other than any Non-excludable Rights. The Seller’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
6.3 Any warranties made by the Seller to the ultimate consumer of the Goods is solely for the benefit of the consumer, and no Buyer purchasing goods for resale shall be entitled to bring claims under any such warranties.
6.4 Unless otherwise specified, the process for making a warranty claim as a consumer is as follows: Any Good subject to a warranty claim should be returned to the place of purchase for assessment by the Seller. The consumer is responsible for returning the Good to the place of purchase. The consumer must present proof of purchase when making a warranty claim. The claim under a warranty will be assessed by the Seller, authorised distributor or representative based on their product knowledge and reasonable judgment and will be accepted if:
(a) a relevant defect is found; and
(b) the warranty claim is made during the relevant warranty period.
6.5 Upon acceptance of a claim under a warranty, the Seller will arrange a replacement good.
6.6 The Seller shall not be liable for any defect or damage which may be caused by, or arise as a result of:
(a) the Buyer failing to properly maintain or store any Goods as specified on the packaging or instructions from the Seller’s recommendation;
(b) the Buyer using the Goods for any purpose other than that for which they were designed;
(c) the Buyer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Buyer failing to follow any instructions or guidelines provided by the Seller; or
(e) fair wear and tear, any accident, or act of God.
6.7 If the Buyer is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A of Schedule 2.
6.8 If the Seller is required to replace the Goods, but is unable to do so, the Seller may refund any money the Buyer has paid for the Goods.
6.9 If the Buyer is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Buyer by the Seller at the Seller’s sole discretion;
(b) limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods; or
(c) otherwise negated absolutely.
7. Returning defective Goods
7.1 The Buyer must inspect the Goods on delivery and must, within fourty eight (48) hours of delivery, notify the Seller in writing of any defect/damage, shortage in quantity, or failure to comply with the description or quote. The Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes known. Upon such notification, the Buyer must allow the Seller to inspect the Goods.
7.2 Any Goods which the Buyer returns for credit, other than defective Goods and warranty claims will only be accepted if they are in the original packaging and in as new saleable order and condition.
7.3 Returns of defective Goods will only be accepted provided that:
(a) the Seller has agreed that the Goods are defective; and
(b) the Goods are returned within a reasonable time at the Buyer’s cost; and
(c) the Goods are returned in as close a condition to that in which they were delivered as is possible.
7.4 The Seller may in its absolute discretion accept non-defective Goods for return in which case the Seller may require the Buyer to pay handling fees of up twenty dollars ($20.00).
7.5 Notwithstanding anything contained in this clause if the Seller is required by a law to accept a return, then the Seller will only accept a return on the conditions imposed by that law.
8. Implied terms
8.1 It is hereby acknowledged by the Buyer that, under the CCA, certain conditions and warranties may be implied in the contract between the Seller and the Buyer, and rights and remedies conferred upon the Buyer and other parties in relation to Goods or services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the CCA and other laws which cannot be modified or excluded. The limitations below are subject to these Non-excludable Rights.
8.2 Where so permitted the liability of the Seller for a breach of a Non-excludable Right is limited, at the Seller’s option, in the case of Goods, to the replacement of the Goods or the supply of equivalent Goods or the cost of replacing the Goods or of acquiring equivalent Goods and, in the case of services, to the supplying of the services again or the payment of the cost of having the services supplied again.
8.3 Accordingly, subject to clause 8.1, in no event shall the Seller be liable for any loss or damage to the Buyer howsoever arising including any loss or damage arising from or caused or contributed to by negligence of the Seller, its servants or agents, nor shall the Seller be liable for special, incidental, indirect or consequential loss or damage suffered by the Buyer as a result of a breach by the Seller of its obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue or costs arising from such breach.
8.4 The Buyer acknowledges and agrees that:
(a) the Seller does not guarantee the website’s performance or availability of any of its Goods; and
(b) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
(c) there are inherent hazards in electronic distribution and as such the Seller cannot warrant against delays or errors in transmitting data between the customer and the Seller including orders. The Buyer agrees that to the maximum extent permitted by law, the Seller will not be liable for any losses which the Buyer suffers due to online ordering not being available or for delays or errors in transmitting orders.
9. Indemnity
9.1 The Buyer shall indemnify and keep indemnified and hold the Seller harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by the Seller, and from and against all actions, proceedings, claims or demands made against the Seller, arising from one or more of the following:
(a) as a result of the Buyer’s failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods or the use of the Goods;
(b) as a result of any other negligence or other breach of duty by the Buyer; or
(c) as a result of any compliance or adherence by the Seller with any instructions of the Buyer in relation to the Goods or their manner of fabrication.
10. Risk
10.1 Risk of damage to or loss of the Goods passes to the Buyer on Delivery and the Buyer must insure the Goods on or before Delivery.
10.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these Terms by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
10.3 If the Buyer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Buyer’s sole risk.
11. Title
11.1 The Seller and the Buyer agree that ownership of the Goods shall not pass until:
(a) the Buyer has paid the Seller all amounts owing to the Seller under all individual contracts for the supply of the Goods between the Seller and the Buyer; and
(b) the Buyer has met all its other obligations to the Seller.
11.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
11.3 It is further agreed that, until ownership of the Goods passes to the Buyer in accordance with clause 11.1:
(a) the Buyer is only a bailee of the Goods and must return the Goods to the Seller on request;
(b) the Buyer holds the benefit of the Buyer’s insurance of the Goods on trust for the Seller and must pay to the Seller the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c) the Buyer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Buyer sells, disposes or parts with possession of the Goods then the Buyer must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller on demand;
(d) the Buyer should not convert or process the Goods or intermix them with other goods but if the Buyer does so then the Buyer holds the resulting product on trust for the benefit of the Seller and must sell, dispose of or return the resulting product to the Seller as it so directs;
(e) the Buyer irrevocably authorises the Seller to enter any premises where the Seller believes the Goods are kept and recover possession of the Goods;
(f) the Seller may recover possession of any Goods in transit whether or not delivery has occurred;
(g) the Buyer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Seller; and
(h) the Seller may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Buyer.
12. Personal Property Securities Act 2009
12.1 Upon assenting to these Terms in writing the Buyer acknowledges and agrees that these Terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) by virtue of the retention of title clause in these Terms – being a monetary obligation of the Buyer to the Seller for Goods – that have previously been supplied and that will be supplied in the future by the Seller to the Buyer and creates a ‘purchase money security interest’ in the proceeds of the Goods within the meaning of the PPSA.
12.2 The Buyer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause (i) or (ii);
(b) indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Seller;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Seller;
(e) immediately advise the Seller of any proposed change in the Buyer’s name and/or any other changes in the Buyer’s details (including by not limited to changes in the Buyer’s address, email address or trading name and/or any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
12.3 The Seller and the Buyer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms.
12.4 The Buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA and waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
12.5 Unless otherwise agreed to in writing by the Seller, the Buyer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
12.6 The Buyer must unconditionally ratify any actions taken by the Seller under this clause 12.
12.7 Subject to any express provisions to the contrary (including those contained in this clause 12) nothing in these Terms is intended to have the effect of contracting out of any of the provisions of the PPSA.
13. Security and Charge
13.1 In consideration of the Seller agreeing to supply the Goods, the Buyer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Buyer either now or in the future, to secure the performance by the Buyer of its obligations under these Terms (including, but not limited to, the payment of any money).
13.2 The Buyer indemnifies the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Seller’s rights under these Terms.
13.3 The Buyer irrevocably appoints the Seller and each director of the Seller as the Buyer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Buyer’s behalf.
14. Intellectual Property
14.1 Where the Seller has designed, drawn or developed Goods for the Buyer, then the copyright in any designs and drawings and documents shall remain the property of the Seller. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Seller.
14.2 The Buyer warrants that designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.
14.3 The Buyer agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Seller has created for the Buyer.
15. Default and Consequences of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 If the Buyer owes the Seller any money the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s contract default fee, and bank dishonour fees).
15.3 Further to any other rights or remedies the Seller may have under these Terms, if a Buyer has made payment to the Seller, and the transaction is subsequently reversed, the Buyer shall be liable
for the amount of the reversed transaction, in addition to any further costs incurred by the Seller under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Buyer’s obligations under this agreement.
16. Cancellation
16.1 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including the events listed below) under these Terms, the Seller may suspend or terminate the supply of Goods to the Buyer and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable:
(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to make a payment when it falls due;
(b) the Buyer has exceeded any applicable credit limit provided by the Seller;
(c) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.
16.2 The Seller may cancel any contract to which these Terms apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any money paid by the Buyer for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.3 If the Buyer cancels delivery of Goods, the Buyer shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).
16.4 Cancellation of orders for Goods made to the Buyer’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.
16.5 The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
17. Dispute Resolution
17.1 If a dispute arises between the parties, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
Privacy Act 1988
18.1 The Buyer agrees for the Seller to obtain from a CRB a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Buyer in relation to credit provided by the Seller.
18.2 The Buyer agrees that the Seller may exchange information about the Buyer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Buyer; and/or
(b) to notify other credit providers of a default by the Buyer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Buyer including the Buyer’s repayment history in the preceding two years.
18.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit.
18.4 The Buyer agrees that personal credit information provided may be used and retained by the Seller for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Buyer; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
18.5 The Seller may give information about the Buyer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Buyer including credit history.
18.6 The information given to the CRB may include:
(a) personal information as outlined in 18.1 above;
(b) name of the credit provider and that the Seller is a current credit provider to the Buyer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Buyer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Buyer no longer has
any overdue accounts and the Seller has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of the Seller, the Buyer has committed a serious credit infringement;
(h) advice that the amount of the Buyer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
18.7 The Buyer shall have the right to request (by e-mail) from the Seller:
(a) a copy of the information about the Buyer retained by the Seller and the right to request that the Seller correct any incorrect information; and
(b) that the Seller does not disclose any personal information about the Buyer for the purpose of direct marketing.
18.8 The Seller will destroy personal information upon the Buyer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
18.9 The Buyer can make a privacy complaint by contacting the Seller via e-mail. The Seller will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Buyer is not satisfied with the resolution provided, the Buyer can make a complaint to the Information Commissioner at www.oaic.gov.au.
19. Unfair contract terms
19.1 The Buyer acknowledges that these Terms are reasonably necessary to protect the legitimate interests of Seller and will not cause financial or other detriment to the Buyer when relied on.
20. Service of Notices
20.1 Any written notice given under these Terms shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the last known address of the other party;
(c) by sending it by registered post to the last known address of the other party;
(d) if sent by email to the other party’s last known email address.
20.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
21. Termination
21.1 The Buyer is under no obligation to purchase Goods from the Seller.
21.2 Even though the Buyer may not formally terminate these Terms, the Terms will no longer apply to the Buyer if the Buyer decides to stop ordering Goods from the Seller. Notwithstanding the foregoing, certain provisions of these Terms will continue to apply to the Buyer including without limitation clauses 6, 7, 8, 9, 11, 12, 13 and 14.
21.3 The Seller may terminate these Terms upon written notice to the Buyer.
22. General
22.1 Both parties warrant that they have the power to be bound by these Terms and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that these Terms create binding and valid legal obligations on them.
22.2 The Seller may from time to time and at its absolute discretion vary the Terms. The varied terms will be communicated to the Buyer and apply to new orders placed by the Buyer.
22.3 The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
22.4 These Terms shall prevail to the extent of any inconsistency with any other document or agreement between the Buyer and the Seller.
22.5 These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts in New South Wales.
22.6 The Seller may licence and/or assign all or any part of its rights and/or obligations under these Terms without the Buyer’s consent. The Buyer cannot licence or assign without the written approval of the Seller, which shall not be unreasonably withheld.
22.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.