Doing business with opulent aura

Terms of Trade for Opulent Aura (ABN 33 976 779 983)

1. Definitions

1.1. "Company": Refers to Opulent Aura.

1.2. "Customer": The individual or entity purchasing goods or services from the Company.

1.3. "Goods": All products offered for sale by the Company.

1.4. "Services": All services provided by the Company.

1.5. "Order": A request by the Customer to purchase Goods or Services from the Company.

1.6. "Agreement" means these Trading Terms and any other contractual documents between the Company and the Customer.

2. Application of Terms

2.1.  These Terms govern all Orders placed by the Customer and are incorporated into each contract between the Customer and the Company unless otherwise agreed in writing. Any terms provided by the Customer that deviate from these Terms are expressly rejected. 

2.2.  The placement of an Order constitutes acceptance of these Terms by the Customer.

3. Orders

3.1. Acceptance: All Orders are subject to acceptance by the Company. 

3.2. Orders are binding once accepted by the Company.

3.3. Cancellation: The Company may refuse or cancel an Order at its discretion.

3.4. The Customer may only cancel an Order with prior written consent from the Company. Cancellation and Restocking fees may apply.

3.5. Product Availability: All orders are subject to stock availability. If an item is out of stock, we will notify you and provide alternative options.

4. Pricing and Payment

4.1. Prices: Prices are as listed at the time of Order and are subject to change without   notice.

4.2. All prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.

4.3. Payment Terms: Standard payment terms are 50% deposit upfront, balance before shipping. For credit approved customers, payment is due within 30 days from the date of invoice unless otherwise agreed in writing.

4.4. Late Payments: Late payments may incur interest at current bank cash lending rates.

4.5. The Company reserves the right to withhold further supply if outstanding invoices remain unpaid.

5. Delivery

5.1. Timing: The Company will make reasonable efforts to deliver Goods by the agreed date but is not liable for delays.

5.2. Risk and Title: Risk passes to the Customer upon delivery; title passes upon full payment of cleared funds.

6. Returns and Refunds

6.1. Returns: Goods may be returned with prior authorisation and within 10 days of delivery in original condition along with proof of purchase.

6.2. Refunds: Refunds will be processed within 30 days of receiving returned Goods and Restocking fees may apply.

7. Warranties and Liability

7.1. Warranties: The Company provides warranties as required under Australian Consumer Law.

7.2. The Company warrants that Goods are of merchantable quality and fit for purpose.

7.3. Limitation of Liability: The Company's liability is limited to the replacement of Goods or refund of purchase price.

7.4. The Company is not responsible for damage due to misuse, neglect, or unauthorised modifications.

7.5. To the fullest extent permitted by law, the Company is not liable for any indirect or consequential loss.

7.6. The Customer indemnifies the Company against all claims, losses, or damages arising from their use of the Goods or Services.

8. Compliance with Laws

8.1.The Company and Customer must comply with all applicable laws, including the Fair Trading Act 1989 (Qld). 

9. Governing Law

9.1.These Terms are governed by the laws of Queensland, and both parties submit to the jurisdiction of Queensland courts.

10. Amendments

10.1. The Company reserves the right to amend these Terms at any time by providing 30 days' notice to the Customer.

10.2. Continued business dealings after amendments indicate acceptance of the revised Terms.

11. Severability

11.1. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

12. Entire Agreement

12.1. Unless otherwise agreed and amended in writing, these Terms, along with Wholesale Price List Terms and Conditions and the Return and Refund Policy, constitute the entire agreement between the parties and supersede all prior agreements.

13. Dispute Resolution

13.1. Negotiation: Parties will attempt to resolve disputes through good faith negotiations.

13.2. Mediation: If unresolved, disputes will be referred to mediation before litigation.

14. Confidentiality

14.1. Both parties agree to keep confidential any proprietary information disclosed during their relationship.

15. Force Majeure

15.1. The Company is not liable for failure to perform due to circumstances beyond its control, such as natural disasters or governmental actions.

16. Intellectual Property

16.1. All intellectual property rights in the Goods and Services remain with the Company unless otherwise agreed.

17. Termination

17.1. The Company may terminate the agreement immediately if the Customer breaches any material term.

18. Notices

18.1. Notices must be in writing and delivered to the addresses specified by the parties.

19. Assignment

19.1. The Customer may not assign its rights or obligations without the Company's prior written consent.

20. Waiver

20.1. Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

21. Privacy

21.1. The Company will handle personal information in accordance with applicable privacy laws.

22. Consumer Guarantees

22.1. Nothing in these Terms excludes the application of consumer guarantees under the Australian Consumer Law.

23. Indemnity

23.1. The Customer indemnifies the Company against any loss arising from the Customer's breach of these Terms.

24. Subcontracting

24.1. The Company may subcontract its obligations without the Customer's consent.

25. Electronic Communications

25.1. The Customer agrees to receive communications electronically and acknowledges that electronic agreements are binding.

26. Survival

26.1. Provisions intended to survive termination of these Terms will remain in effect.

27. Interpretation

27.1. Headings are for convenience only and do not affect interpretation.

28. Counterparts

28.1. These Terms may be executed in counterparts, each constituting an original.

29. No Partnership

29.1. Nothing in these Terms creates a partnership or joint venture between the parties.

30. Further Assurances

30.1. Each party will do all things necessary to give effect to these Terms.

31. Costs

31.1. Each party bears its own costs in relation to the preparation of these Terms.

32. Set-Off

32.1. The Company may set off any amount owed by the Customer against any amount owed to the Customer.