Terms of service

 

www.kavalerie.com.au is owned and operated by Kavalerie, ABN 79 441 851 178. The material on this website is copyright © Kavalerie. Kavalerie is a wholesale silk business, dreamed up in Sydney and supplied exclusively to approved trade stockists for resale.

These Terms of Service govern the relationship between Kavalerie and its trade accounts, and apply to every order you place with us. They should be read together with our Privacy Policy, Shipping Policy and Refund Policy. By applying for a trade account, browsing this website or placing an order, you confirm that you have read, understood and agreed to these terms and to the policies referred to in them. Please take the time to read them carefully.

TRADE ACCOUNTS AND ELIGIBILITY

Kavalerie supplies approved businesses only. To open an account you will be asked for details about your business, including your ABN, store type and location. We review every application individually and may approve or decline an application at our discretion. Approval to hold an account does not oblige us to accept any particular order. We may suspend or close an account where terms are not met, where information provided is inaccurate, or where we reasonably consider it necessary to protect the brand or its stockists.

Products are supplied for resale through your own approved business only. You may tell your customers that you stock Kavalerie, but you may not present yourself as an agent, distributor or representative of Kavalerie without our written agreement.

PLACING AN ORDER

Each order is an offer to purchase and is subject to acceptance or rejection by Kavalerie at our discretion after we receive it. Once you have placed an order, you will receive an email confirming its details and, where applicable, receipt of payment. Where an order is not accepted, we will let you know by email. A contract between us is formed only when we accept and confirm your order.

MINIMUM ORDERS AND QUANTITIES

The minimum order value is $150. Products are ordered by colourway, with a minimum of 2 per colour in multiples of 1. Volume pricing applies automatically at the published break quantities. We may vary minimums, quantities or the products offered from time to time; the requirements shown at the time of your order apply to that order.

PRICING

All prices are in Australian Dollars. Kavalerie is not registered for GST, so no GST is charged and prices are flat, with no GST component added at checkout or on your invoice.

Wholesale pricing is confidential and provided for your business use only. Please do not share, publish or display your trade pricing. Any recommended retail prices we provide are a guide only; as the stockist, you set your own retail pricing.

We take care to make prices and product descriptions as accurate as possible. In the event of a technical or human error resulting in an incorrect price or description, we reserve the right to correct the error and provide the correct price or description, and to cancel any order placed at an incorrect price. We will endeavour to contact you if this occurs. We also reserve the right to change our prices, products and services at our discretion, for reasons that usually include supply changes, manufacturer changes, product discontinuation, correction of errors and market conditions.

PAYMENT

Orders are paid by credit card or by direct deposit (EFT). If you choose to pay by card, you authorise Kavalerie to debit the payable amount for an accepted order from your nominated account, and the cardholder must be either the billing or delivery recipient. Where we are unable to successfully process payment, or cannot verify the payment method, the order will not be dispatched and may be cancelled.

Stock is dispatched only once payment has cleared. For direct deposit, please allow for normal bank transfer times. Any agreed account or payment terms will be confirmed with you in writing.

SHIPPING AND DELIVERY

Orders are dispatched within Australia within one to two business days of cleared payment, at a flat $20 nationally or free on orders over $250. Full detail is set out in our Shipping Policy. Please inspect all stock on arrival so that any issue can be reported promptly.

FAULTY, INCORRECT OR DAMAGED GOODS

Because stock is supplied for resale rather than personal use, we do not offer returns or refunds for change of mind. Once an order has been dispatched it cannot be resold as new stock.

If you receive a genuinely faulty item, or if we have sent the wrong item or something is missing from your order, let us know within seven days of receipt, with your order number and photos where possible, and we will arrange a replacement or credit. To qualify, items must be unused and free from damage caused by handling, storage or incorrect care after delivery. Damage resulting from failure to follow the recommended care instructions is not considered a fault and will not entitle you to a replacement or credit.

CANCELLATIONS AND CHANGES

An order cannot be changed or cancelled once it has been processed or dispatched. If you need to amend an order, contact us as soon as possible and we will help where we can before dispatch.

INTELLECTUAL PROPERTY

Unless otherwise indicated, Kavalerie reserves all intellectual property rights, including copyright, in the material and services provided through this website. This includes but is not limited to the website itself, its images, content, logo, database, names, marketing, designs, text and graphics.

The content of this website may not be redistributed, resold, reproduced, copied or otherwise exploited, except as permitted by the Copyright Act 1968 (Cth) or with our prior written consent. Any use of our brand assets, imagery or logo beyond marketing that you stock our products requires prior written authorisation from Katharine Farrell. You must not access this website for any illegal purpose, or attempt to harm its users, hack, modify or misuse it. If these terms are breached, your agreement to use this website may be terminated.

CONFIDENTIALITY

Wholesale pricing, trade documents and any commercial information we share with you in the course of your account are confidential and provided for your business use only. You agree not to disclose them to third parties without our consent.

WARRANTY AND LIMITATION OF LIABILITY

Kavalerie makes no representations or warranties as to the completeness or accuracy of content on this website, content on linked sites, or any other linked material. To the extent permitted by law, Kavalerie does not accept responsibility or liability for inaccuracies or errors in content, any damage or loss arising from use of this website, any interruption or downtime, any malware or viruses arising from use of the website, or any loss arising from advice given by a member of our team.

To the extent permitted by law, Kavalerie will not be liable for any special, incidental, consequential, indirect or punitive loss or damage arising from your use of this website or from these terms. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term, that cannot lawfully be excluded or limited.

INDEMNITY

To the extent permitted by law, you agree to indemnify Kavalerie, its directors, employees, officers, affiliates, suppliers and agents against any loss, damage or claim arising from your breach of these terms or your misuse of the website, other than to the extent caused by Kavalerie.

APPLICABLE LAW AND JURISDICTION

These terms are governed by the laws of New South Wales, Australia. In any legal proceeding arising directly or indirectly from your use of this website or the purchase of any product, you agree to submit to the exclusive jurisdiction of the courts of New South Wales.

REVIEW OF TERMS

We may revise and update these terms from time to time. Changes become effective when posted on this website, and the version current at the time of your order applies to that order. Your continued use of this website after any update indicates your acceptance of it. It is your responsibility to read and understand any changes.

For anything to do with your account or an order, contact us at wholesale@kavalerie.com.au.