TERMS AND CONDITIONS
1.1 Firstly thank you for selecting GHN Trading Pty Ltd (ACN 165 402 102) (“GHN Trading”) as your preferred supplier of the goods. Your business is greatly appreciated by GHN Trading.
1.2 These are the terms and conditions which govern your use of the GHN Trading website (the “Site”) and the purchase of the GHN Trading goods by you.
1.3 The Site is owned and operated by GHN Trading. You should always check these terms and conditions every time you visit the Site as GHN Trading may make changes to it from time to time without letting you know.
2 Login User Name and Password
2.1 If you are provided with information including user name and password to access the GHN Trading wholesale login account, you must keep that information strictly confidential, and you must not disclose it to any other person, or permit another person from accessing the GHN Trading wholesale information.
2.2 Please allow up to 5 working days for your application for an online wholesale account to be assessed by GHN Trading. Once your application has been approved, you will be notified via email by the GHN Trading team, and granted permission to access the GHN Trading wholesale price list.
3 Payment Terms – New Trade Customers
3.1 Your orders must be paid upfront (‘Pro forma’) by means of Paypal, Credit Card payment and Cheques – it will need to clear, before goods are released by GHN Trading.
4 Payment Terms – Existing and Ongoing Trade Customers
4.1 After 3 months from the date of your initial purchase, you may apply to GHN Trading for a 30 Day Trading Account. The account form can be accessed as per the link provided below:
30 Day Account Form ( Click to download )
4.2 The terms and conditions contained in these website terms and conditions and the account form will govern the arrangement between you (if you are approved by GHN Trading after making the 30 Day Account application referred to above) and GHN Trading. If there is any inconsistency between these website terms and conditions and the account form, then the terms of the account form will prevail for any such customer granted a 30 Day Account by GHN Trading as a result of the completion and approval of the form referred to above.
5.1 GHN Trading, by its nominated carrier or otherwise, will deliver the goods to the place nominated by you or as otherwise agreed. Delivery shall take place upon delivery of the goods to your, your agent or nominee or to a carrier commissioned on your behalf as applicable at the place specified by you or as otherwise agreed by GHN Trading.
5.2 Delivery to be paid by you, to arrange your own delivery, contact GHN Trading prior to purchase..
5.3 If you are not satisfied with the freight costs, you are welcome to organise your own courier for the goods to picked up at a location nominated by GHN Trading. If this option is chosen, you are required to give GHN Trading the pick up details for a time and place suitable to GHN Trading.
5.4 Please note that GHN Trading does not accept any responsibility for any damage caused to the goods during freight transit nor any items being lost during the transit process or if the goods are stolen after it is delivered to your delivery address. It is your responsibility to effect the necessary insurance. If however you email or call GHN Trading prior to purchasing the goods and GHN Trading provides you with the additional amount GHN Trading’s courier charges for insurance and you pay for it then GHN Trading can effect that freight insurance.
5.5 Further GHN Trading will not be held responsible if there is a delay in delivery of the goods you have purchased as those things are out of GHN Trading’s control when the goods are picked up by its nominated courier company.
6 Risk in the goods pass to you immediately upon the item being picked up by GHN Trading’s courier or your courier (as the case may be) from its premises.
7.1 Returns will not be accepted without prior notification and which notification must be made within 7 days of the delivery date, quoting invoice number and reasons. Freight will be charged on any item that is returned by you and you must pay for those return costs.
7.2 For any goods returned as ‘unsuitable’ there is a re-stocking charge of 10% plus freight chargeable to you. Faulty goods are to be returned to the Head Office of GHN Trading (or another location nominated by it) and once deemed faulty, a credit will be issued to you.
7.3 Returned goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
8.1 Once you purchase an item on the Site, it forms a binding contract between you and GHN Trading. That contract for purchase constitutes and incorporates these terms and conditions.
8.2 Any order placed by you, the customer, is always subject to acceptance by GHN Trading. GHN Trading may therefore cancel or vary that order at any time and will notify you of that cancellation or variation. Your order may need to be cancelled or varied as a result of a number of things including but not limited to where an item is out of stock, due to errors or omissions or for other reasons.
9.1 Although GHN Trading takes all steps to ensure the security and integrity of the Site, you agree that GHN Trading will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from GHN Trading not being secure or virus-free.
9.2 Despite anything else contained in these terms and conditions GHN Trading will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond GHN Trading’s control.
9.3 Although GHN Trading uses it best endeavours to ensure that the information on its Site or in any quotation is correct there may be times where errors or omissions have unfortunately been made. In that regard GHN Trading reserves its right to correct any such errors or omissions without any claim being made against it.
10 Limitation of liability and indemnity
10.1 To the extent permitted by law, you agree that all terms, conditions and warranties or undertakings whether express or implied, oral or written relating to the goods are expressly excluded. Any liability of GHN Trading arising in connection with these terms and conditions and the supply of the goods, at its discretion, is limited to the replacement or repair of the goods or a refund of monies paid by you for the goods.
10.2 In no event shall GHN Trading be liable for any indirect or consequential losses (including loss of profits, loss of revenue, loss of opportunity and loss of business).
10.3 You agree to indemnify GHN Trading from and against any losses, costs, expenses or damages suffered by GHN Trading as a result of the breach of these terms and conditions.
11 Copyright and intellectual property
11.1 The contents of the Site (including all photographs, images, videos, text and other items) is GHN Trading’s intellectual property and subject to copyright. You must not copy, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without GHN Trading’s written consent.
11.2 GHN Trading makes no representation about any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by GHN Trading of that website or the products and services being offered through that website. You agree that GHN Trading will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by GHN Trading.
By placing your order, applying for an account or otherwise contacting GHN Trading, you agree that GHN Trading may store, process and use data collected from your order for the purposes of processing your order. By placing your order or otherwise contacting GHN Trading, you also agree that GHN Trading may use such data, other than credit card details, in order to provide you with information from time to time on other GHN Trading products that may be of interest to you. You may contact GHN Trading to opt out of any marketing material that it sends out from time to time.
GHN Trading takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues please contact GHN Trading as soon as possible.
14 General provisions
14.1 No delay or failure by GHN Trading to enforce its rights or to do anything is to be taken as a waiver of that right. A waiver can only be undertaken where an authorised representative of GHN Trading signs any such waiver.
14.2 These terms and conditions and your purchase of the GHN Trading goods are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
14.3 GHN Trading may at any time, assign any of its rights or transfer by novation any of its rights and obligations under these terms and conditions to any person or persons by providing notice to you. You cannot assign or transfer your obligations under these terms and conditions without prior written consent of GHN Trading.
14.4 GHN Trading Pty Ltd has the right to terminate any arrangements it has with you and/or suspend supply with immediate effect if GHN Trading believes that any of the agreements, undertakings, representations or requirements set out in these terms and conditions have not been complied with or fulfilled by you.