STOCKIST TERMS & CONDITIONS
1. DEFINITIONS
"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
"Company" means Etota Pty Ltd ACN 655 939 352 of Suite 4/285a Crown Street, Surry Hills NSW 2010, also referred to as "we", "our" or "us";
"Delivery Location" means the address for delivery that you specify on an Order;
"Delivery Partner" means a third-party provider of freight services, which may include Australia Post, or any other courier service we engage with from time to time;
"Fees" means the total price of the Products stated on the Order and any applicable delivery cost or GST;
"GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
"Order" means an offer by a Stockist to purchase Products from the Company;
"Products" means all products listed on the Company website, as published from time to time, and current at the time of the Stockist placing an Order;
"Stockist" means the party who places an Order to purchase Products from the Company, for the purpose of re-selling the Products direct to consumers, also referred to as "you"; and
"Terms" means these terms and conditions, as amended from time to time.
2. AGREEMENT
2.1 By placing an Order with us, you agree to be bound by these Terms.
2.2 Your Order and these Terms constitute the entire agreement between you and us in relation to the supply of Products ("Agreement"). You acknowledge that you have not relied on any statement, promise, representation or warranty that is not set out in the Agreement.
2.3 To the extent that there is any inconsistency between your Order and these Terms, precedence shall be to your Order and then these Terms.
2.4 From time to time, we may make changes to these Terms. Such changes will apply to all Orders placed after the date of the change and will not affect any orders that have already been placed.
3. ORDER
3.1 Any Order placed by a Stockist for the purchase of Products shall be an irrevocable offer under these Terms.
3.2 The Company may accept an Order in whole or in part by providing confirmation of the Order in writing.
3.3 Accepted Orders cannot be cancelled, or varied by you, unless we agree otherwise in writing.
3.4 Accepted Orders cannot be refunded unless the Products have a major failure in accordance with the Australian Consumer Law.
4. PRICING & GST
4.1 The price of the Products and any applicable delivery fee will be stated on each Order.
4.2 All amounts on an Order will be in Australian Dollars (AUD) and will include GST, where applicable.
4.3 Any discount or rebate will only apply if we agree in writing.
5. PAYMENT
5.1 Payment is made via Shopify when you place the order for your product.
5.2 Payment can be made by credit card, Google Pay, Afterpay or PayPal.
6. DELIVERY
6.1 By placing an Order with us, you agree to accept delivery of the Products to the Delivery Location.
6.2 If you refuse delivery, we are entitled to charge you any costs we incur in returning the Products to our warehouse or for the cost of re-delivery.
6.3 Upon payment of the Fees, we will engage a Delivery Partner to deliver the Products to the Delivery Location within fourteen (14) days, as long as that address is compliant with any delivery restrictions advised by us, from time to time.
6.4 We will instruct the Delivery Partner to meet any stated time frames for delivery, however delivery time frames are subject to change without notice.
6.5 Products will be deemed delivered when they arrive at the Delivery Location, which must be safe and fully accessible by the Delivery Partner.
6.6 The Delivery Partner will be responsible for loss or damage to the Products that occur in transit from our warehouse to the Delivery Location.
7. TITLE & RISK
7.1 Title to the Products passes from us to you at the time we receive full payment of the Fees.
7.2 Risk (including without limitation, risk of loss or damage) for the Products passed from us to you when the Products are collected by the Delivery Partner.
8. CLAIMS & RETURNS
8.1 You must notify us by email of any issue or deficiency with the Products (including shortage in quantity, defect, incorrect specification or damage) within twenty-four (24) hours of the Products being delivered in accordance with section 6.5.
8.2 If you do not notify us of any issue or deficiency with the Products within the timeframe set out in section 8.1, the Products will be deemed to be accepted.
9. CONSUMER GUARANTEES
9.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10. LIABILITY
10.1 To the maximum extent permitted by law, our liability to a Stockist arising out of or in connection with these Terms is limited to our choice of:
a. replacement of the Products; or
b. supply of equivalent Products; or
c. payment for the cost of replacing the Products or for purchasing equivalent Products.
10.2 To the maximum extent permitted by law, the Company will not be liable to the Stockist for any loss or damage, including loss of profits, whether or not as a result of negligence, in respect of any action by the Company under these Terms, including:
a. the supply to or use by the Stockist of any Product; or
b. delayed or non-delivery of the Products for any reason; or
c. any breach by the Company of its obligations under these Terms.
10.3 The Company will not be liable for any event or circumstance outside it's reasonable control which prevents or delays its performance of any of its obligations under these Terms, such events may include but are not limited to, natural disaster, epidemic, pandemic, supply shortage or other supply disturbance, labour shortage or other labour disturbance, or the failure of a Delivery Partner to deliver the Products.
11. DISPUTES
11.1 Any dispute or claim under these Terms or in connection with an Order must be notified to us in writing.
11.2 We will use reasonable efforts to resolve the dispute or claim with you by mutual agreement within fourteen (14) days of receiving the notice under section 11.
11.3 If we cannot resolve the dispute or claim with you within fourteen (14) days, you reserve the right to commence legal proceedings.
12. GENERAL
12.1 Assignment: The Company may assign, license or subcontract its obligations under these Terms without the Stockist's consent.
12.2 Notices: Notices under these Terms may be served in writing to us by emailing us at info@etotadrinks.com.
12.3 Governing Law: These Terms shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
13. CONTACT US
13.1 If you have any questions, comments or concerns about these Terms or an Order, please contact us by email at info@etotadrinks.com or by phone on (02) 6680 8849.
