TERMS OF TRADE

1. GENERAL

This website is owned and managed by Essentially Tamara Ltd 7/14 Curley Avenue, Silverdale, Auckland, New Zealand.


By using this website you are deemed to accept the terms and conditions. After you have checked the box ☐ I have read and accept the terms and conditions on the online ordering form you will be deemed to have accepted these terms and they will apply to the exclusion of all other written agreements with us.


2. ORDERING

All prices are ex GST which will be charged at 15%. All orders must be placed through our wholesale online order portal accessible through our website.

2.1 ORDER REQUIREMENTS

The minimum opening order is $400 ex GST and ex freight. Website prices are wholesale ex GST.

All new customers are required to pay for order prior to despatch.  A proforma invoice will be emailed to you for payment.  Once payment is received into our bank account then the goods can be dispatched.

It is important that proforma invoices are paid promptly.  Often our stock is in high demand and therefore we can only hold stock for proforma customers for 7 days.  If payment is not made within that time the orders can be cancelled to enable stock to be released to other customers.

If after 2 orders paid in advance you would like to be considered for a credit account please contact us and request a credit application.  Once this has been received, reviewed and accepted by us you will be notified that your credit account is available.

Payment needs to be made on the 20th of the following month.

Please be aware that a credit account is a privilege and will be revoked if payments are not made on time.


Stock items must be ordered in minimum quantities as set on our website.
We reserve the right to vary prices on orders or website as a consequence of currency fluctuations. We reserve the right to vary prices due to imposition of or alterations of customs duties with regard to classification or value of duty or landing charges.
When you order on our website you are offering to purchase from us. We accept your order by processing your payment and organising delivery to your specified delivery address.

We may not accept your order if:

  1. Your order does not meet the minimum order value.
  2. Your order does not meet the minimum order quantity requirements.
  3. You do not pay for your proforma order within 7 days.
  4. Goods are discontinued or sold out.

We will notify you if we cannot accept your order.


2.2 BACK ORDERS

Not all items will be available for immediate dispatch – Any items not available will be placed on back order and sent when available. You may cancel or delete back orders at any time but if this is not done prior to dispatching them then you are deemed to have confirmed the back order. Back orders will be cancelled if your order has been marked 'no back orders'.
Freight will be paid on all back ordered items. Back order items and freight for them will only be charged when they become available.



3. PRICES

Prices are in New Zealand dollars
Prices are wholesale prices
Prices are ex GST
Prices may change and if they are higher than those stated on the website you will be notified and you may cancel any time prior to dispatch.



4. PROPERTY

All goods remain the property of Essentially Tamara Ltd, 7/14 Curley Avenue, Silverdale, 0930, Auckland. NZBN 9429047420458 until all monies are paid in full.
Property of the goods does not become yours until all monies are paid in full. Risk in the goods becomes yours at the time the goods are delivered to the delivery address provided by you.
If you have organised your own freight the risk becomes yours when the goods are collected by you from our warehouse by your courier or yourself.
Until you have paid all monies owing to us, you must ensure all goods while in your possession can be readily identified and distinguished, and all proceeds (in whatever form) that you receive from the sale of any of the goods are readily identifiable and traceable.
Material on the website is the property of Essentially Tamara. You may request permission in writing to hello@essentiallytamara.co.nz to copy or use any product images or part of our website. These products or content must be product you have purchased and not relate to any future idea of purchasing.
Any unauthorised use of product images, website content or other intellectual property constitutes a breach of our copyright.



5. RESTRICTIONS

We reserve the right to grant exclusivity to sell our goods.
We reserve the right to authorise and/or supply additional retailers in any market area that we deem necessary to adequately cover the market.



6. FREIGHT AND DELIVERY

We will always endeavour to ship the least expensive rate and cost. This may not always be achievable but we will endeavour to do our best.
Freight is calculated according to size and weight of goods shipped and all rates for this are determined by our carriers. All freight charges will be invoiced to you.
If you choose to collect or use your own courier or carrier all charges and responsibilities for damage, breakages, and any other circumstances are 100% yours.
Delivery date will be given in good faith but cannot be guaranteed as we cannot control or be responsible for changed conditions of trade, economy, severe weather, industrial relations, pandemics, industrial action, accidents, carrier delays.

If you are unable to accept delivery, or our courier is unable to deliver your order during normal business hours, redelivery charges will apply.

Please provide clear delivery instructions for delivery during business hours between Monday and Friday. Any special delivery instructions must be advised prior to dispatch (preferably at the time of ordering). If no one is available to sign for the goods, the freight carrier will leave a note at the delivery address and the goods will be returned to the carrier’s local depot.

You can opt to give us an ‘Authority to Leave’ where we authorise the carrier to leave the order unattended at your address if no one is available to receive the delivery. But this is entirely at your risk and neither Perfect Pieces nor the transport company assumes any responsibility for damaged or missing items.

You are not authorised to redirect any delivery with any of our carriers and you will be charged any penalties or charges we are charged for any unauthorised redirection. These charges will be passed on and paid by you.



7. RETURNS, CANCELLATIONS AND CLAIMS

You shall not return any Goods to us without obtaining prior authorisation from us. Unauthorised returns will not be accepted. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, quantity, date of return and the Customer’s name and address must also be enclosed. All Goods must be returned in the original packaging and you shall be responsible for all damage incurred during return shipment. If we accept the return of any Goods that have been ordered, we may charge you fifteen per cent (15%) of the invoice price as a handling fee with freight costs and risk remaining your responsibility.

7.1 CHANGE OF MIND

A request to return Goods for change of mind must be made within 7 days of delivery. Freight charges must be paid by you for all change of mind returns. We will issue a credit note or refund only after Goods returned are either collected by our authorised representative or agent or returned to us as set out above. You must not deduct the amount of any anticipated credit from any payment due to us. All Goods returned for change of mind must be of merchantable and reasonable quality such that the Goods are complete in their original packaging, not shop-soiled, are not price ticketed and are still listed in the current price list.

7.2 CLAIMS

All claims must be made in writing, preferably by email (hello@essentiallytamara.co.nz) to our head office with a photograph of the goods, specifying the reason for the claim, within 7 days of receiving the goods. Products authorised for return must be returned in the original boxes with the correct supporting paperwork provided by us. Failure to claim within 7 days constitutes full acceptance of the goods.

7.3 FAULTY OR DAMAGED GOODS

If goods have been damaged in transit we will provide replacements, offer a discount or provide a refund. You must email or text us photographs within 7 days of receipt. If you have arranged your own freight carrier we will not be liable for any damage in transit. If your goods have a manufacturers fault, you must also notify us within 7 days – again please provide a photograph via email.

7.4 INCORRECT GOODS

If incorrect goods have been delivered to you please notify us within 7 days and we will arrange for the collection of the incorrect goods and replacement with the ordered goods, or alternative action to satisfy you.

Colours of products shown may vary from the actual colour of the item you purchase. This is due to variance in colours used by computer monitors and we cannot offer a refund due to colour variation.

7.5 RETURNS

You agree that we cannot warrant that a product you decide to order is appropriate for you or suits your needs, and only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;

If we agree to accept the return of any goods, they must be in their original packaging and carton. You must organise and pay for the freight costs of the return, and any damages are your responsibility and will be invoiced to you as necessary.



8. PAYMENT TERMS

  1. For our standard credit account holders, payment is due on or prior to the 20th of the month following the month of invoice unless we tell you in writing otherwise.

  2. If we don’t receive payment on the due date, we may:
    1. charge interest (as liquidated damages) at the rate of two percent (2%); and

    2. place your account on hold until payment is received and/or place your account on a pre-paid basis.

  3. For accounts outside our payment terms, we also reserve the right to charge any credit card held on file and to charge a 4 percent (4%) administration fee.

  4. We may revoke our express or implied approval for giving you credit at any time. We can set-off against any money owing to you amounts owed to us by you on any account whatsoever.

  5. Any payments received from you on overdue accounts will be applied first to satisfy interest which may have accrued send to reasonable expenses and legal costs, and then to principal. You are liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by us for enforcement of obligations and recovery of monies due from you to us.

  6. All sums outstanding become immediately due and payable by you to us if you make default in paying any sums due to us, you become bankrupt or commit any act of bankruptcy, or have judgement entered against you in any court notwithstanding the provisions of any other clause in these Terms.