TERMS OF SALE

Last Updated: February 2023

 

Wahl Australia Pty Ltd (ACN 010 894 943) (Wahl) is a supplier of a variety of goods, including but not limited to, clippers, trimmers, shavers, hair dryers, wet goods (e.g. shave cream, beard oil, hair tonic), barber/ stylist capes and accessories, animal shampoo/ wet goods, animal brushes, massage products, beauty products and related goods (Goods). Access to and use of the website located at https://au.wahl.com/ (Website) and the services available through this Website (collectively Services) are subject to the following terms, conditions and notices (Terms of Sale). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms of Sale.

1. TERMS TO BUY AND SELL

In return for payment of the price for the relevant Goods by the Customer (You) to Wahl, Wahl sells and You buy the Goods on the terms of these Terms of Sale.

2. PLACEMENT OF ORDERS

  1. You must order Goods from Wahl in writing.

  2. Each order must specify:

    1. the date of the placement of the order;

    2. the quantity and description of the Goods ordered; and

    3. a preferred delivery date for the Goods, which is at least seven (7) days from the date of the placement of the order (Delivery Date). Wahl will advise You within seven (7) days whether it is possible to deliver the goods on the preferred delivery date and, if not, Wahl will agree a new delivery date with You.

3. ACCEPTANCE OF ORDERS

Wahl may decline any order received from You by written notice to You within three (3) days of receipt of the order by Wahl. 

4. DELIVERY OF ORDERS

Wahl must use its best endeavours to deliver each order to the location specified in the order between the hours of 9 am to 5 pm on any day Monday to Friday (other than public holidays) and no later than the Delivery Date.

5. PACKING OF ORDERS

Wahl must ensure each order is safely and securely packed for transportation to You having regard to:

  1. the fragility and perishability of the Goods;

  2. the distance the Goods are likely to travel; and

  3. the method of transportation used to transport the Goods.

6. PAYMENT

  1. Unless stated otherwise, the Price is exclusive of GST. You must pay the Price, plus the requisite GST, in relation to each order to Wahl within thirty (30) days of the receipt of the relevant order (Payment Due Date) by way of credit card payment.

  2. You must pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated on the basis of the Wahl’s financial institution Business Indicator Rate as published from time to time plus 2%. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.

7. PASSING OF TITLE

Title to Goods constituting an order free of encumbrances and all other adverse interests will pass to You upon delivery of the Goods constituting an order to You or Your nominated agent or courier, as the case may be.

8. PASSING OF RISK

Risk in each order passes to You upon delivery of that order to You or collection of that order by Your agent or courier as the case may be.

9. TERM

These Terms of Sale commences on the date of the placement of each separate order and ends when terminated in accordance with any express right of termination set out in these Terms of Sale.

10. TERMINATION

  1.  In the absence of any breach of these Terms of Sale, either party may terminate these Terms of Service by providing at least sixty (60) days’ written notice to the other party.

  2.  These Terms of Service will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction).

  3.  Either party may terminate these Terms of Service if:

    1.  the other party is in material breach of any of its obligations under these Terms of Service; and

    2. the breach is capable of remedy fails to remedy the breach for a period of thirty (30) days after receipt of a written notice by the other party requiring rectification of the breach.

  4.  Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of these Terms of Service.

  5.  The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of these Terms of Service will continue to apply.

11. AMENDMENT

These Terms of Service may, at the sole discretion of Wahl, be amended from time to time.

12. GOVERNING LAW

These Terms of Service is subject to the law of Queensland.