Copyright Notice
The entire content of this website, including its layout, text, graphics and code is original work owned by Little GemsTM Australia Pty Ltd and is protected by copyright law. You are entitled to: (i) reproduce electronic copies to print hard copy portions of this site for the sole purpose of placing an order with Little GemsTM Australia , and (ii) download in temporary storage or print portions of the material of the site solely for your own non-commercial and private viewing, or to place an order with Little GemsTM. In doing so, you must not delete or change any copyright, trademark, or other proprietary notices. Except for these purpose-specific rights, you must not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise exploit the content of this section unless the express and advance written consent of Little GemsTM Australia is obtained.
Little GemsTMdisclaims any representation or warranty that your unauthorised use of the content included in this section will not infringe upon rights of third parties.
TRADE TERMS
The following Terms of Trade and Conditions of Supply are provided to assist our customers and enable us to trade more efficiently with you. All previous Terms of Trade are superseded. For any other terms to be applicable and binding, we must expressly agree in writing to change these terms that are different from the terms set out in this document, those other terms will alter .
For the purposes of these terms and conditions:
“we” and “us” means Little Gems Australia Pty Ltd, its employees, agents and
representatives, whether trading through or with the use of the “Little Gems” or “Fairy Kisses” brands or any other brands that we may own; and “Goods” means any product supplied by us.
All accounts are strictly Pro Forma unless otherwise arranged with Little Gems. In order to receive 30 days net credit, a credit application must be completed and approved. You will need to provide us with satisfactory credit references. If these are unavailable we will sell Goods to you on a “C.O.D” or “cash with order” basis.
Payment:
- You must pay in full for Goods supplied by us on credit within 30 days of the end of the month appearing on the invoice, or as agreed.
- We will credit amounts paid by you against invoices issued but unpaid in the order in which they are issued by us.
- We reserve the right to charge financial charges of 7% on accounts overdue for payment.
- You may not deduct returns claims amounts from your payments until you have been issued a credit note from us.
Non-Payments:
- We may suspend supply to you until all monies owed to us are paid in full.
- If you are placed on stop supply on two or more occasions, we may cancel your credit limit and refuse to supply you on credit.
- We may require immediate payment of all outstanding amounts where a breach of any credit arrangement we have with you
- If there have been numerous attempts to contact you and payment is still not received, we reserve the right to put your name forward to appropriate credit reporting agencies and/or take appropriate legal action.
- You must pay in full any costs incurred by us to collect outstanding amounts, including without limitation the fees of any agents or solicitors appointed by us for this purpose.
You will not have ownership of the Goods until we have been paid in full for all amounts owing by you to us
We will endeavour to supply the Goods you have ordered and which we agree to supply. We will usually supply items to you within 4 – 6 weeks of placement of order unless otherwise agreed.
Unless you request otherwise, if the Goods that you order are out of stock but expected to be available at a future date, we will record your order as a backorder for a period of three months and supply the Goods when they are available. After three months, all outstanding back orders will be deleted.
Cancellations must be made within 14 days of placing the order but in any event, not without prior consent by us. Contracts of sale are governed and fall under the jurisdiction of the courts of the home state of Little Gems head office.
Returns
All items for exchange, credit or refund should be returned to Little Gems within 14 days of their receipt by the customer. You must contact us before returning the product. The product must be returned unused with all labels attached and covering letter.
Faulty Good Returns
Little Gems garments are all hand made and therefore our garments need special attention. Please follow the label and take care of the dresses to ensure the longest life out of your garments.
Little Gems will accept returns only on defects in materials and workmanship. We do not cover normal wear and tear, accidents, fading, abuse, alteration, negligence and misuse. We cannot accept returns of dresses that are soiled, washed, and well worn. Please remember to check the garments for any fault as soon as you receive it and contact us if there are any fault issues.
Variations in fabric and construction should not be considered flaws.
You are not entitled to return faulty goods unless authorised by Little Gems. If you wish to return any faulty goods to us, you must:
1) Receive authorization from Little Gems or Little Gems representative. You will be advised of the returns address.
2) Ensure that Goods are packaged for return with adequate protection to prevent damage during transit.
3) Include a written request for credit or replacement specifying the appropriate invoice number, item code and colour, quantity, description of the goods and the reason for return.
We reserve the right to inspect returned goods, to reject them and to return them to you at your cost. Returns must arrive at our warehouse no later than 30 days after the date of authorization.
Copyright Policy
You must obtain Little GemsTM Australia’s advance and express written approval for any wording or other material you wish to display or publish in relation to either or both of the “Little Gems” and “Fairy Kisses” brands and stock. This requires you to submit to Little GemsTM Australia all of your intended marketing and promotional material and other sales related material, whether it is intended for online websites or for hard copy distribution such as through printed flyers, magazines, brochures, posters or handouts. Little GemsTM Australia will endeavour to respond to you expeditiously with respect to any intended material that you wish to so distribute or otherwise publish. You must comply with any and all requests of Little GemsTM Australia in relation to changing the material for publication.
Other than the express approval for use of the Little Gems intellectual property: we do not give you any right or interest:
(a) in any copyright or other intellectual property rights in any text, images, tables, compilations or other copyright protected works featured in our catalogue or website nor do we give you any right to reproduce the same; and
(b) in any product that you purchase nor do we give you right to reproduce the same.
Conditions of Sale
Trade Channel
You must inform Little Gems with regard to your intended specific manner by which you propose to sell or distribute Goods and must obtain prior approval of Little Gems in that regard. If we give to you our consent regarding the sale of Goods through a specific trade channel, you cannot apply that consent to any other trade channel. So, for example, you are not permitted to sell any Goods online or otherwise through the use of any web site unless we give to you express and advance written consent.
Selling through physical premises
If you are a retail customer selling through physical premises or acting in that capacity and you sell Goods under both the “Little Gems” and “Fairy Kisses” brands, these brands must be clearly physically separated on the shop floor and shop shelves at all times so that it is clear to the purchasing customer that they are two different brands. Distinctive labelling for each of these two brands must be clearly noticeable to customers.
Little Gems have the right to refuse supply of stock at their discretion should the supply of stock in any way effect the business of existing and future customers.
The following information is needed before we can accept you as a customer:
# Full business name
# Full business address
# ABN details (Australian Business Number)
# Phone and fax numbers
# Email address
# Photo of your store
# List of other fairy ranges you carry
First orders must be a minimum of $500.00 and any colour ordered must be a minimum of two. After the first order there is no minimum requirement. Once we have accepted your application we will send you our small catalogue and pricelist. We will send our large catalogue with your first delivery.
Change in Business Structure:
- If a business structure changes you must inform us in writing within 7 days. We are entitled to amend your limit or terminate credit arrangements as a result of any such change.
- If you transfer ownership of your business to a new owner you remain liable for outstanding invoices unless the new owner advises us in writing that it accepts liability for these invoices and we agree to release you from liability.
By placing an order with Little Gems you agree to our Terms of Trade.
