Terms and Conditions

GENERAL

This website is owned and managed by Bella Donna Silver.

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.

ORDERING

All prices are ex GST which will be charged at 10%. You may order goods listed on our website either online, via email or telephone.

1. 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, delete or add to back orders at any time. Freight will be paid on all back ordered items. Back order items will only be charged when they become available.

2. ORDER REQUIREMENTS

There is no minimum order. Website prices are wholesale ex GST.

New Customers will pay pro forma invoices.

We reserve the right to vary prices on orders or website as a consequence of currency fluctuations.

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.


PRICES

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 prior to dispatch.


PROPERTY

All goods remain the property of Bella Donna Silver ABN 212 801 966 15 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.

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 Bella Donna Silver. You may request permission in writing to customercare@belladonnasilver.com.au 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.


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 it deems necessary to adequately cover the market.


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.

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.

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, awaiting your collection.

Signature on Delivery is required.


RETURNS, CANCELLATIONS AND CLAIMS

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.

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 are returned. 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.

2. CLAIMS

All claims must be made by email (customercare@belladonnasilver.com.au) to our office with a photograph of the goods and the reason for the claim.

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. We will not be liable for any damage in transit. If your goods have a manufacturers fault, please provide a photograph via email.

4. INCORRECT GOODS

Colours and sizes 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.
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.

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.


PAYMENT TERMS

1. For all initial orders of goods, you must pay for the goods in advance. We accept cheques, direct deposits, eftpos and credit cards (Visa or MasterCard).


2. For our standard credit account holders, payment is due on or prior to thirty (30) days from the date of invoice unless we tell you in writing otherwise. If we don’t receive payment on the due date, we may charge interest; and place your account on hold until payment is received and/or place your account on a pre-paid basis.


3. 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.


4. 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.


5. 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.