Wholesale Term Conditions

TYOUB KIDS WHOLESALE TRADING TERMS & CONDITIONS 2022

1. DEFINITIONS


(a) “TYOUB” is LC SJOBLOM trading as “TYOUB”
.

(b) "customer" is the business to whom the goods are invoiced.

(c) “orders” means all orders (online, written or oral) placed by the Customer or its representatives for the supply of goods by TYOUB, which have been accepted by TYOUB, at its absolute discretion.

2. GENERAL


(a) This document and TYOUB’s order form (including orders submitted via email, hard copy and through the wholesale website login), together, contains the entire agreement of the parties.
(b) The placing of an order indicates the Customer’s acceptance of the terms in this agreement.

(c) TYOUB may update this document and the order procedure at any time.

3. SALES


(a) Orders entered through Brandboom and Faire do not immediately guarantee stock. Stock is allocated chronologically, based on receipt of the draft order, and customers will be notified of their final order quantities via an invoice. 
(b) Tyoub does not sell on a ‘sale or return’ basis or offer returns or exchanges for change of mind.
(c) All orders are final, including indent orders, and cannot be cancelled once TYOUB has provided an invoice or final order confirmation to the Customer in response to a request for the supply of goods by the Customer.
(d) TYOUB charges a 40% restocking fee on changes made to indent orders once processed to cover administrational costs.

4. PAYMENT TERMS


(a) Trading terms for orders under AUD$1000 are cash before delivery, unless otherwise agreed (any late payments on an agreed payment plan will incur interest of 10% p.a.).

(b) At TYOUB’s discretion, strict 30 day terms are available for return Customer orders of AUD$6000 (including GST, excluding freight) for their initial order of the 2 main seasons – Autumn/Winter and Spring/Summer. Customers must pay a deposit of 50% before stock can be packed and shipped. The balance is due 30 days after receipt of goods. Late payments will incur interest of 10% p.a.

(c) All subsequent orders, including regardless of spend, are cash before delivery.
(d) Terms are not available for mid- season ranges, including High Winter, High Summer and Collaborations. The terms for these ranges are strictly cash before delivery, regardless of order size.
(e) Payment is recognised when the Customer’s cheque or transfer has been cleared by TYOUB. Orders will not be packed before payment is cleared.
(f) TYOUB reserves the right to suspend the delivery of further goods if the Customer breaches these terms.

(g) If a Customer accepts terms offered under 4(b) and fails to meet the 30 day payment deadline, TYOUB reserves the right to refuse terms in subsequent seasons.

5. OWNERSHIP


(a) Ownership of the goods will only pass from TYOUB to the Customer when payment is received in full. Delivery of the goods to the Customer, whether in full or in instalments, does not indicate a change of Ownership of the goods.

(b) If the goods have been delivered to the Customer and payment in full has not been received, in the event that goods are damaged or soiled by the Customer or the Customer’s customer, the Customer must purchase (at the applicable wholesale price) those goods.

6. PRICES AND MINIMUM ORDERS


(a) All quotations provided for the sale of goods are based on current prices in AUD.

(b) Minimum initial order per main season of $1000 applies, unless otherwise agreed.

(c) TYOUB requests that new season items are not reduced or included in sales before 10 weeks after the season launches on our website

7. DELIVERY


(a) Times given for delivery are approximate and for guidance only. TYOUB will always endeavour to meet the delivery times supplied.

(b) TYOUB shall make every endeavour to deliver the correct quantity, quality, size, and colour of goods ordered.
TYOUB must be notified within seven days of any error including quantity, style, quality or colour in delivery.
Claims made after seven days will not be accepted. 

(c) In the event that the Customer requests a delivery date that is earlier than that provided by TYOUB, may, at its discretion, attempt to fulfil that request.

(d) TYOUB reserves the right to deliver the goods by instalment and each instalment shall be deemed to be sold under a separate contract incorporating TYOUB’s terms and conditions.

8. INTELLECTUAL PROPERTY


(a) All intellectual property rights of TYOUB remain the property of TYOUB and TYOUB’s intellectual property must not be used, distributed, reproduced, copied, licensed or provided to any third party by the Customer without the express permission of TYOUB.

(b) The Customer must obtain the consent of TYOUB prior to allowing the goods to be used for any promotional purpose.

9. RETURN OF GOODS


(a) Subject to applicable law, claims in respect of faulty goods or workmanship must be made in writing to TYOUB within seven business days after delivery of the goods to the Customer. Claims made after seven days will not be accepted. All packaging must be retained for inspection. TYOUB will assess and determine each claim on an individual basis.

(b) TYOUB will not be liable for any damages or loss arising from any claims related to the misuse of goods by the Customer or the Customer’s own customers.
(c) All return shipping and handling costs are the Customers.

10. GOVERNING LAW


(a) This contract is governed by the law of the state of Victoria, Australia.

11. CUSTOMER


(a) The Customer must notify TYOUB in writing within seven days of any alteration of trading name or ownership, or the issue of legal proceedings against the Customer for winding up, or the appointment of any provisional liquidator, liquidator, receiver manager or administrator or any other event or circumstance in connection with the insolvency or potential insolvency of the Customer.

(b) The Customer agrees that it will be liable for any goods supplied to the new owner, or related parties, until such written notice of change has been received and approved by TYOUB.

12. WARRANTIES


(a) Customer warrants that it has the authority to transact the business referred to in this agreement.
(b) Customer warrants that, at the time of making an order, Customer is in no financial difficulty and is capable of complying with these terms and conditions.

(c) Customer has read and agrees to the terms and conditions.

13. TERMINATION

(a) TYOUB may at its absolute discretion, terminate or suspend the Customer’s ability to purchase goods without reason, and may refuse (at its discretion) to accept an order from the Customer and TYOUB will not be liable to the Customer for the non-supply of goods.