Terms and Conditions of Trading and Online Ordering
These Terms and Conditions govern your use of our online ordering service (“Online Ordering Service”), together with our Website Terms of Use and Privacy Policy (together, the “Terms”).
References to “we”, “us” or “our” mean IsAlbi Pty Ltd ACN 003 683 127 (“IsAlbi”). References to “you” or “your” mean the customer using the Online Ordering Service.
By accessing or using the Online Ordering Service, you agree to be bound by these Terms.
1. Minimum Order Values
Unless otherwise agreed in writing:
- Minimum first order: $500 excluding GST
- Minimum repeat orders: $500 excluding GST
2. Orders and Acceptance
Orders placed through the Online Ordering Service constitute an offer to purchase goods from IsAlbi.
An automated acknowledgement of an order does not constitute acceptance of that order.
IsAlbi may, at its discretion, accept or reject an order within seven (7) days of receipt. If IsAlbi does not notify you of acceptance within that period, your offer will be deemed rejected.
A binding contract is formed only when IsAlbi confirms in writing that the goods have been despatched. The contract applies only to the goods confirmed as despatched.
IsAlbi reserves the right to revoke, cancel, reject, limit or amend any order at any time prior to despatch, without liability.
Goods supplied are for retail sale only and may only be sold through approved retail locations and approved distribution channels.
3. Pricing
Prices are displayed in AUD or NZD (as applicable) and include GST unless otherwise stated.
Prices and product information may change without notice.
While reasonable care is taken to ensure accuracy, errors may occur. If IsAlbi identifies an error relating to pricing or product information (including typographical or system errors), IsAlbi reserves the right to cancel or refuse any affected order at any time prior to delivery.
If payment has been processed for an order cancelled due to such an error, IsAlbi will refund the relevant amount as soon as reasonably practicable.
4. Payment and Trading Terms
Initial Transactions
Unless otherwise agreed in writing, initial transactions must be paid in full prior to supply.
Credit Card Payments
Where payment is made by credit card, IsAlbi reserves the right to apply a surcharge equal to the reasonable cost incurred by IsAlbi in processing the credit card transaction. Any applicable surcharge will be disclosed at or prior to the time payment is made.
Credit Accounts
Where credit has been approved:
- Payment terms are strictly 30 days from date of invoice
- Credit is extended up to the approved credit limit notified to you
- Credit limits may be varied, suspended or withdrawn at IsAlbi’s discretion
Payments received may be applied by IsAlbi in any manner it determines, including first to interest (if applicable), then to recovery costs, and then to principal.
5. Costs and Recovery
You are liable for all reasonable out-of-pocket expenses incurred by IsAlbi in enforcing its rights or recovering overdue amounts, including debt collection commission and legal costs on a party and party basis.
6. Availability of Goods
Product availability is subject to stock levels and supplier availability. IsAlbi may withdraw or suspend products at any time.
If goods become unavailable after an order is placed, IsAlbi will notify you and provide options to amend, cancel or backorder.
7. Cancellations
Order cancellations are subject to IsAlbi’s approval. Approved cancellations may be subject to a handling or restocking fee unless otherwise agreed in writing.
8. Claims and Returns
All claims relating to goods (including claims for incorrect goods or goods not complying with the order) (“Defective Goods Claims”) must be notified to IsAlbi in writing within seven (7) days of receipt.
Where reasonably practicable, supporting evidence must be provided at the time of making a claim.
Subject to applicable law, if no Defective Goods Claim is made within this period, the goods are deemed accepted.
Goods may only be returned:
- Where a Defective Goods Claim has been made in accordance with these Terms
- With IsAlbi’s prior written approval
- In accordance with IsAlbi’s return instructions
Freight costs for approved Defective Goods Claims will be borne by IsAlbi where reasonable evidence is provided. All other return costs are your responsibility unless otherwise agreed.
9. Risk
Risk of loss or damage to goods passes to you upon delivery to you, your agent or a carrier commissioned by you.
Where you request or authorise delivery to an unattended location, delivery occurs at your sole risk.
10. Retention of Title
Legal and equitable title in goods does not pass to you until all amounts owing to IsAlbi have been paid in full in cleared funds.
11. Security Interest and PPSA
For the purposes of this clause:
- PPSA means the Personal Property Securities Act 2009 (Cth)
- PPSR means the Personal Property Securities Register
- Security Interest has the meaning given in the PPSA
You grant IsAlbi a Security Interest in all goods supplied and the proceeds of their sale.
You consent to IsAlbi registering and maintaining this Security Interest on the PPSR and agree to provide all assistance reasonably required.
To the extent permitted by law, you waive the right to receive notices under the PPSA, except where such rights cannot be excluded.
You must reimburse IsAlbi for reasonable costs incurred in connection with PPSA registrations, amendments or enforcement actions.
12. Set-Off
Each party may set off any amount owed to it by the other against any amount it owes to the other, whether arising under these Terms or otherwise.
13. Customer Information
You must notify IsAlbi of any change to your name or address within five (5) business days.
You agree to do all things reasonably required by IsAlbi to:
- Maintain or improve security over the goods
- Register or amend a Security Interest
- Enable enforcement of IsAlbi’s rights
- Demonstrate compliance with these Terms
14. Right to Suspend Supply or Credit
IsAlbi may cancel orders, suspend credit, withhold delivery or require immediate payment if:
- Payment is overdue
- Your credit limit has been exceeded or would be exceeded
- You become insolvent or subject to external administration
- Your credit application or references are unsatisfactory
15. Credit Reporting and Privacy
IsAlbi may collect, use and disclose personal and commercial credit information in accordance with the Privacy Act 1988 (Cth).
Further information is available in IsAlbi’s Privacy Policy.
16. Limitation of Liability
To the fullest extent permitted by law, all warranties and conditions not expressly stated are excluded.
Nothing in these Terms limits rights under the Competition and Consumer Act 2010 (Cth).
17. Force Majeure
IsAlbi is not liable for failure or delay caused by events beyond its reasonable control.
18. Termination
IsAlbi may suspend or terminate access to the Online Ordering Service at any time, with or without notice.
19. Governing Law
These Terms are governed by the laws of New South Wales, Australia.