Wholesale terms

These terms apply to every emamaco wholesale account and every order placed on the emamaco wholesale site (wholesale.emamaco.com). "We", "us" and "emamaco" mean Melbourne Digital Group Pty Ltd (ABN 69 640 635 561), trading as emamaco, 1/3 Palomo Drive, Cranbourne West VIC 3977, Australia. "You" means the business that holds the account. By applying for an account, and again by placing each order, you accept these terms.

1. Your account

1.1 Wholesale accounts are for businesses buying emamaco products to resell or to use in their business. We may approve, decline, suspend or close an account at any time.

1.2 You are responsible for everything done through your account. Sign-in codes are sent to your account email address: keep access to it secure.

1.3 Keep your business details up to date by telling us of any change.

2. Orders and minimums

2.1 The site shows two kinds of stock. In-stock pieces are held in our warehouse, and the in-stock part of an order must reach the minimum number of pieces shown. Made-to-order pieces are made for you by our manufacturer after you pay, and each size you choose must reach the minimum shown for it.

2.2 Your order is an offer to buy. We accept it when we receive full payment. We may decline or cancel an order, for example because of a pricing or stock error or a payment problem; if we do, we refund what you paid for the part we cancel.

2.3 In-stock quantities can change until your payment reaches us. If an in-stock piece sells out before a bank transfer arrives, we will tell you and, at your choice, make it to order or refund it.

3. Prices and payment

3.1 Prices are per piece, set by the total number of pieces in your order as shown at checkout, and do not include taxes or import duties. Prices in currencies other than the Australian dollar are converted at the day's exchange rate. The price shown when you place your order is the price you pay.

3.2 Payment is in full and up front, by card or bank transfer. We begin making or sending your order only once full payment has cleared. For a bank transfer, use your order number as the reference; you pay any bank or transfer fees.

3.3 For orders delivered in Australia we add GST and give you a tax invoice. Orders delivered outside Australia are not charged Australian GST.

3.4 We may change prices, minimums, delivery times and these terms at any time. Changes apply to orders placed after them; the terms you accepted at checkout apply to your order.

4. Shipping and delivery

4.1 The in-stock part and the made-to-order part of an order ship separately. Shipping is charged as shown at checkout. Where checkout shows shipping as invoiced separately, we invoice the shipping for that part before it is sent, and it must be paid before dispatch.

4.2 Delivery times are estimates, counted from when your payment clears, and are not guaranteed. Made-to-order times depend on production and may change; we will keep you informed. We are not liable for loss caused by delay.

4.3 For orders delivered outside Australia you are the importer. You pay all import duties, taxes, customs and brokerage fees, and you provide anything customs asks for. A shipment that is refused, not collected or held because these are unpaid is not refunded, and any return or re-delivery costs are yours.

4.4 Risk in the goods passes to you when they are delivered to your delivery address. Ownership passes to you when we have received full payment.

5. Checking your delivery

5.1 Check each delivery when it arrives. Tell us within 7 days of delivery of any damaged, faulty, missing or wrong pieces, with your order number and photos, by replying to your order email.

5.2 If pieces are faulty, damaged in transit, missing or not what you ordered, we will, at our choice, replace them, credit them to your next order or refund them. A fault does not include normal wear, damage after delivery, alterations, or care that does not follow the care instructions. Made-to-order pieces can differ slightly from photos in colour and measurements within normal manufacturing tolerances, which is not a fault.

6. No change of mind

6.1 We do not accept returns, exchanges, refunds or cancellations for change of mind. This includes choosing the wrong size, colour, style or quantity, pieces that do not sell, and changes to your plans.

6.2 Once paid, an order cannot be cancelled or changed by you. Made-to-order pieces are made for you, and production begins when your payment clears.

6.3 This does not limit clause 5.2 or your rights under clause 9.

7. Selling our products

7.1 You set your own resale prices.

7.2 You may use our product names, photos and descriptions only to sell genuine emamaco products you bought from us. Do not alter them, and do not present your business as emamaco or as acting for us.

7.3 Some emamaco products are listed on the Australian Register of Therapeutic Goods. You are responsible for your own advertising and sales complying with the laws where you sell, including the Therapeutic Goods Advertising Code in Australia: make only the claims in our product descriptions, and do not use testimonials or endorsements from health professionals for those products.

8. Liability

8.1 To the extent the law allows, our liability for an order is limited to replacing the goods concerned or refunding the price you paid for them, and we are not liable for any indirect or consequential loss, including lost profits, lost sales or harm to reputation.

9. Your rights under law

9.1 Nothing in these terms excludes, restricts or modifies any right, remedy or guarantee that cannot be excluded, restricted or modified under the Australian Consumer Law or any other law.

10. Privacy

10.1 We use your account and order details to run your account and your orders, as our privacy policy describes: https://www.emamaco.com.au/policies/privacy-policy

11. General

11.1 These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction.

11.2 If any part of these terms cannot be enforced, the rest still applies.

11.3 These terms, together with the details shown at checkout, are the whole agreement for each order.

11.4 For any question, reply to any email from us.