Wholesale Terms and Conditions

HOW TO ORDER:

You can order through our website. Orders will need to be paid in full at time of placing the order. To receive your wholesale discount please confirm your email with us and we will forward the code to you. This Code will be valid for all future orders, 

 

STOCK:

If there is anything in the shop that has a lower stock than what you had hoped to order, just email us for availability and we can try and accomodate

WHOLESALE PRICING:

Wholesale pricing is at 50% off RRP, Products available is what is shown in the Lookbook section of our website in the link provided to you. Should you wish to add Baby Wraps to your order these will be at a discount of 35% off RRP.

Please note that shipping will be invoiced separately

MINIMUM ORDERS:

A minimum order of $500 is required on all orders. 

CHANGES TO ORDERS:

Any changes to orders must be emailed to landm@luluandmilly.com.au within 48 hours.

METHOD OF PAYMENT:

Payments are made via CC or paypal. Please note Afterpay is not available for wholesale orders. Any orders placed via Afterpay will be immediately refunded less a restocking fee.

DELIVERY & SHIPPING:

All items on our Website are ready to ship and will be sent withing 1 week of ordering.. We reserve the right to use our discretion as to the carrier to be used on any shipment. Your preferred carrier may be used if the you agree to assume any additional transportation charges.

NATURE OF HANDMADE PRODUCTS:

All of our products are handmade. Due to the nature of our production method, each product may vary slightly.

DAMAGES / DEFECTS:

Please inspect all shipments immediately upon arrival. Please contact Lulu and Milly at landm@luluandmilly.com.au within 5 days of receipt of damaged or defective shipments. Returned merchandise will be replaced with new merchandise. Returned merchandise will not be accepted if it is held for more than 15 days after receipt.

RETURNS / EXCHANGES:

 

Wholesale merchandise may not be returned or exchanged. We only accept returns in the case of defective merchandise as noted above.

 

1    Terms of contract

1.1    By requesting Lulu and Milly to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.

2    Price

2.1    The price for the Goods will be either as quoted to you in writing or, if no written quote is provided, at Lulu and Milly's  standard charges applying at the time.

2.2    GST will be payable on Goods sold within Australia.

2.3    Once you submit an order, it cannot be cancelled by you. Any variation to any order must be agreed in writing. The price may alter as a result of any variation and you agree to pay any increase.

2.4    The Goods must be on-sold at the recommended retail price (as notified to you in writing by Lulu and Milly from time to time) unless the Goods are advertised as being “on sale” or the equivalent.

3    Payment

3.1    Unless otherwise agreed in writing, payment for the Goods shall be made at the time the order is placed.

4    Ownership of Goods

4.1    Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods and of any other amounts owing by you to Lulu and Milly.

5    Shipping and risk

5.1    For orders within Australia:  unless otherwise agreed in writing, Lulu and Milly shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. While the delivery service utilised by Lulu and Milly may include insurance for the Goods during transit, Lulu and Milly makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.

5.2    For international orders:   unless otherwise agreed in writing, the purchase price shall be Ex works (EXW) as that term is defined in the International Chamber of Commerce 2010 “Incoterms 2010” and you shall be responsible for the cost of and arranging transportation of the Goods from the premises of Lulu and Milly or other named place of delivery. Risk in respect of the Goods shall pass to you when the Goods are made available at the place of delivery. You are responsible for obtaining insurance in respect of the Goods from the time they are made available at the place of delivery.

6    Export/import documents, duties and taxes

6.1    All export and import documentation, licences, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be your responsibility.

7    Samples and images

7.1    Unless otherwise expressed in writing, Lulu and Milly does not warrant that the quality, weight, designs or colour of the Goods corresponds to any specific description, image or sample.

8    Acceptance and cancellation of orders

8.1    Lulu and Milly may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to you.  Lulu and Milly shall not be liable for any loss or damage whatever arising from such cancellation.

9    Force Majeure

9.1    Lulu and Milly will not be liable for any failure to perform or delay in performance of its obligations under these terms caused by a Force Majeure beyond its reasonable control.

10    Liability

10.1    Lulu and Milly shall not be liable:

  1. where you have altered or modified the Goods, misapplied the Goods, not followed Lulu and Milly’s instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;
  2. for defects in any Goods manufactured by any Third Party;
  3. for loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;
  4. for any indirect or consequential loss of any kind;
  5. where the terms of any written warranty have not been complied with, or any manufacturer’s handbook provided to you has not be complied with.

10.2    Without limiting clause 10.1 above, Lulu and Milly’s total liability arising out of any claim for loss or damages, however arising, shall not exceed the value of the Goods which are the subject of the claim and in no circumstances will Lulu and Milly be liable where notice of a claim is not provided within 10 working days of delivery of the Goods.

11    Intellectual property

11.1    All Intellectual Property rights and interests owned or used by Lulu and Milly in connection with its business belong to or are licensed to Lulu and Milly. You may not use any of the Intellectual Property without the written permission of Lulu and Milly, except as otherwise provided for in clauses 11.2 to 11.3.

11.2    You undertake to use the Brand Name and, if required by Lulu and Milly, Logo when advertising Goods supplied by Lulu and Milly and anywhere where the Goods are described or named including on websites, labels and invoices.

11.3    Lulu and Milly grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the Lulu and Milly Brand Name and Logo for the purposes of clause 11.2 above.

11.4    You must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property or Lulu and Milly.

11.5    You must obtain Lulu and Milly’s prior written approval of the manner in which you intend to use the Brand Name and (if applicable) Logo.

11.6    The licence in clause 11.3 may be revoked by Lulu and Milly by written notice to you.

12    Amendments

12.1    These terms and conditions may be amended or replaced from time to time by Lulu and Milly. Any order placed after such amendment is made and placed on this website will represent an agreement by you to be bound by the amended terms and conditions.

13    Termination

13.1    Lulu and Milly may terminate this agreement with immediate effect by giving written notice to you if:

  1. you have failed to comply with a written notice given by Lulu and Milly specifying a breach of the agreement and requiring you to remedy it within 14 days; or
  2. being an individual, you are made bankrupt; or
  3. being a company, you are placed in liquidation or receivership.

13.2    On termination Lulu and Milly shall have the right to deal with the Goods at its absolute discretion.

14    Sale of Goods and Consumer Guarantees

14.1    To the extent permitted by law, none of the Sale of Goods Act 1908, the United Nations Convention on Contracts for the International Sale of Goods (1980), or the Sale or Goods (United Nations Convention) Act 1994 will apply to any order made by you.

14.2    You acknowledge that you are acquiring the Goods for the purposes of trade or business and that the provisions of the Consumer Guarantees Act 1993 therefore do not apply to the supply of Goods by Lulu and Milly.

15    Governing law

15.1    These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. The Courts of Australia have exclusive jurisdiction to hear and determine any matter, which may arise out of or in connection with these Terms and Conditions.

16    Severability

16.1    Each clause in these terms is severable and if any clause is held to be illegal or unenforceable then the remaining clauses will remain in full force and effect.

17     Interpretation

  • Brand Name” means “Lulu and Milly” or any other brand name as notified in writing by Lulu and Millyfrom time to time.
  • Force Majeure” means any of the following events or occurrences and the effects thereof: fire, storm, flood, earthquake, landslide, explosion, accident, act of a public enemy, war, rebellion, insurrection, riot, civil commotion, sabotage, epidemic, quarantine restrictions, labour disputes, transportation embargoes, national or international oil or fuel shortage, acts of God, acts of government or any agency or judicial action.
  • Goods” means any goods supplied by Lulu and Milly from time to time, including (but not limited to) homeware, clothing and jewellery. 
  • Intellectual Property” means the content and design of all products and branding, including without limitation, trademarks, copyrights, registered designs, symbols and logos. 
  • Lulu and Milly” means Lulu and Milly  Propriety Limited trading as “Lulu and Milly”.
  • Logo” means the stylised depiction of the Brand Name as it appears on the website www.luluandmilly.com,au or any other logo as notified in writing by Lulu and Milly from time to time. 
  • Third Party” means any party, other than Lulu and Milly, including suppliers or manufacturers of the Goods.
  • You” means the account holder who places the order for Goods subject to these terms and conditions.