Terms and Conditions of Trade
This Agreement is between the Supplier (referred to as we, our or us) and the Customer (referred to as you or your) and consists of the following conditions.
This Agreement applies in relation to any goods we sell you and overrides any inconsistent terms or conditions in any purchase orders or documentation.
Quotations
Prices and other details in any quotation that we provide are only valid for 30 days or such other limited time period as stated in the quotation.
Orders
You acknowledge that once you place an order with us, online or in store, we may not permit you to vary or cancel the order unless you compensate us for the losses we incur or we otherwise consent. Goods placed into the website cart (for unpaid orders) will be held for 60 minutes. When this limit is reached, the pending order will be cancelled.
We have the right to accept or decline, in whole or in part, an order from you.
Prices and Price Increases
Please refer to your invoice or our website for current pricing. Prices are subject to change without notice. Our price lists and wholesale catalogues should be used as a guide only. Prices are quoted before freight charges. All prices are in Australia dollars.
GST
The items on our website and wholesale price lists are exclusive of Goods and Services Tax (GST). You must pay GST at the same time and in the same manner as the goods. We will give you a tax invoice showing the applicable GST.
Out of Stock
When an out of stock situation occurs we do not back-order out-of-stock items. We will either hold your order if we expect to have back in stock within a few days, or we will modify your order to remove the items. We will refund or provide a credit on any items removed from your order. We will always notify you directly of any items out of stock.
Delivery Schedule
The processing of orders are conducted during our opening hours, excluding public holidays. We are unable to redirect orders once items have been shipped. Delivery times are to be used as a guide only and commence from the date of purchase. We currently do not have a weekend delivery service.
Delivery time frames may change unexpectedly due to unforeseen circumstances. We will endeavour to provide the most up-to-date information for your order or contact you if circumstances change.
Account Payments
All orders must be paid for at checkout by Credit Card, Afterpay, PayPal or Direct Debit, unless you have been approved for payment terms. Orders on payment terms can be settled by logging into your Wholesale Account on our website and paying by one of the stated methods.
All payments must be made prior to products being released.
Term Accounts
Unless approved by management, term accounts are not generally accepted to customers.
Your Liability
You are liable to us for all goods charged to your Account, until paid in full.
Ownership of Goods
Ownership of goods passes to you at time of payment in full. We remain the owner of all goods covered by an invoice until you have paid in full the invoice value of those goods.
Only once payment confirmation has occurred will products be released.
Delivery Charges
A shipping fee is charge on invoice and is GST applicable. This charge will be dependent on items ordered.
If shipping is required, the method (Australia Post or Courier) is at the discretion of us and will be selected based on best rates and delivery time-frame. Shipping charges are calculated at checkout.
If the 'Pick Up' option has been selected, no shipping will be calculated and you will be notified when your order is ready for collection.
A heavy item surcharge applies to select bulk items, including but not limited to; filled heavy bags, freestanding heavy bags, grappling dummies, wall mounted units.
Drop Shipping
We do not offer drop shipping.
Brand Representation
You will represent any brand of products purchased in a positive light. You will use promotional strategies that will strengthen the customer-product-service relationship, boost product sales and create brand awareness.
You will share correct and truthful knowledge about the brands and their products without false representation. You will NOT comment negatively on public or private forums about the brands or products.
We reserve the right to take any legal action available to us in order to defend the brands reputations and recover any damages which they may have sustained as a result of any defamatory or disparaging statements made by you either during or after your account period.
Return of Goods
We will offer a refund / exchange on most products purchased either online or in store. Items must be returned to us within 7 days. Items that are damaged, soiled or altered will not be accepted and may be sent back to you. Returns outside of the 7 day time frame may be accepted at the discretion of us and will only be refunded as a credit note.
You can seek a refund under certain circumstances, commonly referred to as the right to repair, replacement or refund. Cases in which a refund would be in order include those where the goods; have a fault you could not have known about at the time of purchase, does not work in the way you were lead to believe it would work, or does not match the sample that you were shown.
We may offer to repair exchange or provide a credit note for the goods subject to the agreement. If the goods are not repairable, we may be able to replace or refund the item. We exchange or refund products if you present your Tax Invoice, Credit Card or EFTPOS receipt in any of the above circumstances.
We are legally entitled to offer to exchange the goods, or provide you with a credit note. However, in the above situations, if you are totally dissatisfied with the exchange option, a refund will be given in the form of payment as shown on your Tax Invoice or Receipt.
There is no legal responsibility to exchange or refund when; you have simply changed your mind about the goods, goods were damaged after you bought them (however, where goods are damaged because of a fault that was in the goods when they were purchased, an exchange or refund is in order as described above), or you have no proof of purchase (i.e. you do not have your Tax Invoice or Receipt).
In the situation of no proof of purchase, we will; give a refund in the form of a credit note, and you must accept the price of the item on the day it is returned.
Product Warranty
Product Warranty applies to physical goods, and only physical goods, purchased from us. The Product Warranty covers any defects in material or workmanship under normal use during the Warranty Period.
During the Warranty Period, we will replace or upgrade, at no charge, products that prove defective because of improper material or workmanship, under normal use and maintenance. Where the product cannot be replaced or upgraded, a credit will be issued.
The Warranty Period for physical goods purchased from us is 180 days from the date of purchase. To obtain a warranty service, you must first contact us to determine the problem and the most appropriate solution for you.
Re-Seller Websites
We authorise each approved wholesale account to offer and advertise products for sale on their own direct to consumer website ONLY. Unless specified directly in writing from Alliance MMA Australia Pty Ltd Directors, authorisation has NOT been provided to offer such products purchased from EVERYTHINGMMA on any re-seller websites, including and not limited to e-Bay, Amazon, Catch and Gumtree.
The rights to all re-seller websites have been secured by a third party.
Hayabusa Terms
The additional terms to order Hayabusa products are as follows:
- Minimum opening order of $2,500 of Hayabusa products.
- Minimum re-ordering amount of $500 per month of Hayabusa products.
- If 3 consecutive months of no ordering Hayabusa stock to the minimum amount, then access to Hayabusa products is revoked.
- Must comply and satisfy all terms and conditions as per this agreement.
Breach
Any breach, of this Agreement may lend cause for us to suspend or forfeit credit facilities without notice and/or close your Account.
Regardless of any application to the contrary, the operations of you are governed by the Laws of Western Australia, and any action instituted by us against you, and/or any action instituted by the you against us, will take place under the Laws of Western Australia, and in the Courts, (regardless of the amount) which are located in the City of Perth.
We reserve the right to vary these terms and conditions at any time without notice.