1. Trade Accounts
Customers must notify Devino of any material changes to their business, ownership or contact details.
2. Orders
All orders are subject to product availability and acceptance by Devino.
Where an ordered product is unavailable, requires clarification or cannot be supplied as requested, Devino may contact the Customer to discuss alternatives or adjustments.
3. Prices and GST
Applicable GST will be charged in accordance with Australian taxation requirements.
Freight and other applicable delivery charges may be invoiced separately.
4. Payment Terms
Late payments carry interest at 15% per annum, calculated daily.
Payment must be made using a payment method accepted by Devino.
5. Ownership of the Goods
Devino Pty Ltd reserves the right to enter any premises where the goods are held for the purpose of inspection and taking possession of goods in which ownership remains with Devino, subject to applicable law.
6. Consignment Goods
An invoice will be issued for all items not returned by the end of the consignment period.
Goods supplied on consignment remain at the consignee's risk until returned to Devino Pty Ltd in their original condition.
The consignee is responsible for any loss or damage, however incurred.
7. Shipping and Freight
Delivery arrangements may vary according to the nature, value and destination of the shipment.
Customers should check goods promptly following delivery and notify Devino as soon as reasonably possible if there is a problem with a shipment.
8. Returns
Devino Pty Ltd is not obliged to accept goods returned more than 30 days from the invoice date.
If a return is accepted after 30 days, a 15% handling fee will apply.
Goods authorised for return should be returned in their original condition and in accordance with any return instructions provided by Devino.
Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
9. Credit Notes
Where Devino accepts a return or makes another adjustment to an invoice, Devino may issue a Credit Note or Adjustment Note referencing the original transaction.
A Credit Note adjusts the relevant amount payable but does not otherwise alter the applicable terms of the original transaction unless expressly stated.
10. Recovery Costs
11. Trade References
12. B2B Portal
Access to the Devino B2B Portal is provided only to approved account customers.
Customers are responsible for maintaining the confidentiality and security of their account credentials and must not provide Portal access to unauthorised persons.
The Customer must notify Devino promptly if Portal credentials are lost, compromised or used without authority.
Orders submitted using an authorised Customer account will be treated as having been submitted by or on behalf of that Customer, subject to applicable law.
13. Product Characteristics
Pearls and other natural materials inherently vary in characteristics including colour, shape, size, lustre, surface characteristics and general appearance.
Product descriptions, measurements, images and photography are intended to represent products as accurately as reasonably possible, but reasonable variations should be expected.
14. Guarantee and Indemnity
15. Changes to These Terms
Devino may update these Wholesale Terms of Trade from time to time.
The terms applicable to an individual transaction will be the terms communicated or made available in connection with that transaction, together with any separately agreed written terms and subject to applicable law.
16. Governing Law
These Wholesale Terms of Trade are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.
17. Contact
Devino Pty Ltd
ABN 75 002 835 949
Suite 1202, 115 Pitt Street
Sydney NSW 2000, Australia
T (02) 9261 3555