Refund policy
The Customer acknowledges that this Order and the sale of the ordered goods are subject to the terms and conditions that accompany this order and which may also be found at www.lufema.com.au/terms-conditions
In this document, “you” and “your” refers to the customer and “we”, “us” and “our” refers to Lufema Pty Limited ABN 96 600 715 679.
-
What is the purpose of this agreement?
1.1 This document sets out the terms that apply to each sale of our goods that we make to you. -
What do we do with the information we collect about you?
2.1 We use your information solely for the purpose of assessing whether or not to sell goods to you on credit terms and to enforce such terms where necessary.
If you notify us that you have ceased trading with us and if all monies due to us have been paid, we will delete your information from our records. -
What is the price?
3.1 The price is the amount in the written order you must submit to us, which order takes effect only after we have notified you in writing of acceptance of the order.
3.2 If no price is stated in writing, the price is the price which we generally charge for similar goods.
3.3 The price may include certain expenses as set out in the order or when we accept your order.
3.4 We may require a deposit or set other conditions when accepting an order, in which case the order will not be fulfilled until after payment of the deposit or fulfillment of the other conditions. -
When and how do you pay us?
4.1 You must pay us for the goods we deliver to you in accordance with the payment terms specified in the invoice.
4.2 Interest on any amount you owe after the due date will accrue at a rate of 1.5 percent per month or part month from the due date until payment.
If we are required to take any action to recover any due payment, such as engaging solicitors or a debt recovery firm, you are required to pay us, on a full indemnity basis, all the costs we incur in taking any such action, including any costs we incur before commencing any legal action, such as searches, enquiries and communications.
4.3 If as a condition of our credit terms we require you to provide us details of a credit or debit card, you agree we may use those details to receive payment of any due monies.
We may impose an additional charge equivalent to the amount we are charged by the credit card company.
4.4 You agree to us allocating or reallocating any payment received from you towards any invoice.
If no allocation is made then the payment will be credited against the earliest dated invoice. -
What warranties apply?
5.1 We warrant that the goods we supply will materially conform to any sample we provide to you and that the goods will have no defects that render them unfit for the purpose of resale.
5.2 You acknowledge and agree that you are purchasing our goods for the purpose of resale by you.
5.3 We are not liable for any delay or failure to perform our obligations if the cause is beyond our control.
5.4 If you return goods to us because of any defect, we may repair or replace the goods or accept the return and credit your account at our discretion.
You will be responsible for the cost of returning any goods that are not defective as well as for the costs of us returning those goods to you.
5.5 You agree that samples of products shown to you may immaterially vary from products delivered to you. -
Can you copy our designs?
6.1 If you copy any of the designs of our goods, or engage or facilitate any third party to copy any of the designs of our goods, we may claim from you an amount equivalent to any profits you make from the sale of the copies. -
When are the goods delivered?
7.1 Delivery of ordered goods is complete when we or our agent leave the goods on your premises.
Ownership of the delivered goods does not pass to you until we have received full payment.
You acknowledge that the goods are commercial goods and that we may, pending receipt of full payment, register our interest in the goods in the Personal Property Securities Register.
You agree that we need not send you any Verification Statement regarding any such registration or any change to any such registration.
Save as permitted by any term in this document, you are not permitted to return any delivered goods unless we have previously consented in writing.
7.2 We may make partial deliveries of goods listed in one order or invoice.
7.3 We are not liable for any deliveries that are delayed beyond any times you might specify. -
When may either you or us cancel any order?
8.1 We have the right by notice to suspend or cancel the whole or any part of any order if:
(a) you fail to pay any sum to us by the due date;
(b) there is any change in the holders of any shares in your capital without our prior written consent;
(c) any of your creditors seize or indicate they will seize any goods delivered to you;
(d) you fail to pay any of your debts as they become due;
(e) a receiver or administrator is appointed over your assets or a landlord takes possession of your retail premises;
(f) a court judgment is entered against you and remains unsatisfied for seven days;
(g) you breach any of these terms;
(h) we, acting reasonably, are of the opinion you will be unable to pay for the goods by the due date.
8.2 Cancellation or suspension does not affect our claims for any amount due at the time.
8.3 If you seek to cancel any order more than seven days after the order date, we may refuse to accept the cancellation or require you to pay an amount equivalent to what we are committed to pay our supplier due to the late cancellation. -
What else are you agreeing to?
9.1 If we fail to enforce any of these terms it will not be deemed a waiver of any other rights or obligations.
9.2 If any of these terms are determined to be invalid, void, illegal or unenforceable, the remaining terms remain effective.
9.3 Your rights and obligations under these terms may not be assigned without our prior written consent.
Unless you are a listed public company, any sale of shares in your capital is deemed to be an assignment of your rights and obligations under these terms.
9.4 These terms are governed by the laws of New South Wales.
Any dispute arising under or in connection with these terms shall be determined by the courts sitting in Sydney, New South Wales, which you agree are a convenient forum.
You agree not to object to the jurisdiction of those courts.
9.5 We may change any or all of these terms by notifying you in writing.
Any such changes apply only to orders placed and sales made after the date of our notification.