Terms And Conditions

TRADING TERMS

Minimum Order Quantity

Our products are a minimum buy of 3 if under $20 wholesale, the minimum is 2 for items $20.00-$50.00 and 1 for products $50 and above.  The minimum for each item is shown in the "Quantity" field.

Our minimum order value is $250 (ex-GST).

Account Terms

All credit accounts are net 30 days. Payable in full by end of month following date of invoice.

Payment Method

We accept payment by Cheque, Direct Deposit (details on all invoices/statements) and Credit Card (Visa and Mastercard).

Please note that Credit Card payments attract a 1.5% surcharge.

Delivery

Delivery is by our carrier. Freight charge is based on "cost" price. Delivery cannot be made to PO boxes.

We will attempt to process your order within 48 hours. For delivery to capital cities please allow 4 days, for country areas please allow approx. 1 week.

Late Payment

Landmark Concepts will diligently pursue overdue accounts. If our final statement is not settled, legal proceedings may be commenced without further notice. Where legal action is undertaken defendants will become liable for our legal costs as well as statutory interest.

Credit Claims

Claims for damage or shortage must be notified to Landmark within three days of receipt of goods and, where requested, confirmed in writing within five days. Failure to notify us in time may result in the rejection of a claim. If we request that goods are to be returned to us, we will arrange to have them collected by our carrier or supply a reply paid number.

Goods returned without prior authorization will not be accepted for credit.

Out of Stock / Back Orders

Occasionally some items may be out of stock. If we are unable to supply all the items you have ordered, your invoice will list the out-of-stock items that will return to stock. Balances below $100 in value are cancelled.

Nature of Goods

Many of our products are hand-made and consequently small variations in colour, size and finish may occur from time to time. These are not faults but an intrinsic part of the nature of the products and are to be accepted as such.

Agents

We have sales agents in all states – please visit the “Contact Us” page for full details on our sales department.

Trade Fairs

Landmark exhibits at the major Reed Gift Fairs: Sydney February and Melbourne August. Please contact us if you would like further details of the dates and stand numbers.

Privacy Policy

We respect your privacy. We do not sell or loan any identifiable information regarding our customers to any third party. Any information you give us is held with the utmost care and security.

When you purchase goods from us or register for any service, we automatically place you on our mailing list and may, from time to time, send you an email with updates about our products. If you do not wish to receive email updates, please let us know via an email to sales@landmarkconcepts.com.au

General

All prices quoted are in Australian dollars. All prices are excluding GST. GST will be added at checkout.

Goods will not be supplied to overdue accounts until such time as the account is bought up to date.

Prices are subject to change.

Some items may vary slightly from image shown.

Security Policy

The security of your online purchase is very important to us and we have taken several steps to ensure that your payment information is processed confidentially and accurately.

We have implemented security technology and policies, rules and measures to protect the personal information under our control against: unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.

When purchasing from Landmark Concepts your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.

General Terms and Conditions of Trading

1. General

The whole of the Agreement between Garlyn Clothing Pty Ltd trading as Landmark Concepts ACN 108 698 513 (“Garlyn Clothing”) and the Applicant referred to in the Credit Application (“Customer”) are those set out in these Terms and Conditions as amended from time to time by Garlyn Clothing and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods are charged at the price ruling at the date of invoice and any Goods and Services Tax will be charged separately.

2. Credit Terms

2.1 Payment is due on or prior to thirty (30) days from the date of invoice unless otherwise stated by Garlyn Clothing in writing. Garlyn Clothing may charge liquidated damages at a rate equivalent to one and three quarter percent (1.75%) per month calculated daily if payment is not made by the due date.

2.2 The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs incurred by Garlyn Clothing for enforcement of obligations and recovery of monies due from the Customer to Garlyn Clothing.

3. Delivery & Supply

3.1 The Customer shall, at its own expense, arrange collection of the Goods from Garlyn Clothing unless Garlyn Clothing at its absolute discretion arranges delivery to the trading address of the Customer at the Customer’s expense. Any times quoted for delivery are estimates only and Garlyn Clothing shall not be liable for failure to deliver, or for delay in delivery. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery or dispatch. Garlyn Clothing reserves the right to suspend credit and stop supply at any time if the Customer fails to comply with the Terms.

3.2 The Customer shall sell the Goods by way of retail sales only. The Customer must not sell the Goods wholesale.

4. Property

Until full payment has been made for all goods supplied by Garlyn Clothing under these Terms (“Goods”), and any other sums in any way outstanding from the Customer to Garlyn Clothing from time to time:-

4.1 All sums outstanding become immediately due and payable by the Customer to Garlyn Clothing if the Customer makes default in paying any other sums due to Garlyn Clothing, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.

4.2 The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for Garlyn Clothing (returning the same to Garlyn Clothing on request). The Goods shall nevertheless be at the risk of the Customer from the time of delivery and shall be stored in a manner which identifies the Goods as the property of Garlyn Clothing.

4.3 The Customer is only authorised to sell the Goods to third parties on behalf of Garlyn Clothing. All payments received from third parties by the Customer for the Goods shall be held on trust for Garlyn Clothing pursuant to the Bailee/Bailor relationship.

4.4 Garlyn Clothing is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.

5. Cancellations & Returns

5.1 No cancellations or partial cancellation of an order by the Customer shall be accepted by Garlyn Clothing unless it has first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by Garlyn Clothing, will indemnify Garlyn Clothing against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.

5.2 Returns will not be accepted unless Garlyn Clothing has been notified in writing within seven (7) days of the date of invoice and Garlyn Clothing has given its consent in writing PROVIDED THAT no Goods will be accepted for return if they have been added to, modified, varied or changed in any way by anyone other than Garlyn Clothing.

6. Privacy Act 1988 (“Privacy Act”)

To enable Garlyn Clothing to assess the Customer’s application for credit, the Customer authorises Garlyn Clothing:-

6.1 To obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act;

6.2 To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities.

AND in accordance with Section 18N(1)(b) of the Privacy Act the Customer authorises Garlyn Clothing to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.

The Customer understands the information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, notifying other credit providers of a default by it and assessing its credit worthiness.

7. Notification

The Customer must notify Garlyn Clothing in writing within seven (7) days of:-

7.1 Any alteration of the name or ownership of the Customer.

7.2 The issue of any legal proceedings against the Customer.

7.3 The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.

7.4 Any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to Garlyn Clothing for all Goods supplied to the new owner by Garlyn Clothing until notice of any such change is received.

8. Warranties

No warranties except those implied and which cannot be excluded by law are given by Garlyn Clothing in respect of goods or services supplied. Where it is lawful to do so, the liability of Garlyn Clothing for a breach of a condition or warranty is limited to the repair or replacement of the goods, the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods, the supplying of the services again or the payment of the cost of having the services supplied again, as determined by Garlyn Clothing.

9. Legal Construction

These Terms shall be governed and interpreted according to the laws of Victoria and Garlyn Clothing and the Customer consent and submit to the jurisdiction of the Courts of Victoria. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.