Conditions of Contract and Terms of Trade
Applying to all materials unless otherwise expressly provided in writing. Kazzian Pty Ltd trading as Trophy SuperStore – herein after referred to as “the seller”.
Orders are only confirmed upon receipt of a 50% deposit – no stock will be ordered until a deposit is received balance of payment is required upon pickup of Goods.
Any price quoted is subject to acceptance within 30 (thirty) working days, and is subject to variation for contingencies beyond our control.
Accounts Payment of our account is expected at the time of pickup or prior to delivery. If you don’t pay within 7 days, a late payment fee will be charged of $150 and the invoice will be sent to a collection agency. If you have problems paying please contact us, we are glad to help. The Trophy Superstore may charge interest of 20% p.a. compounding daily, where the account is overdue.
PRICE VARIATION
Any increases or decreases in labour rates or material costs subsequent to acceptance of this order at the quoted price shall, at our discretion, be chargeable to the buyer’s account.
QUANTITY
All orders are subject, as is usual trade practice, to 5% variation increase or deficiency in quantity and will be charged or deducted accordingly.
PRELIMINARY WORK
Designs, models, samples, etc and/or other work produced, whether experimentally or otherwise at the buyer’s request will be charged for.
DESIGNS, ARTWORK
All designs, sketches, artwork, blocks, positives, dies and any other items required for the production of goods submitted to the customer in confidence and remain our property and copyright by law and trade practice. Charges made are for the use of such items only. All care will be taken with such items supplied to us by the customer, but we accept no responsibility whatsoever for same, longer than 3 (three) months.
PATENTS & COPYRIGHT
The buyer shall indemnify the seller against all claims actions, penalties, damages, costs and expenses for which the seller may become liable through anything done by the buyer involving a breach of any patent, registered design, trademark or copyright or of any government regulations.
RETURNS / REFUND & CANCELLATION POLICY
You are entitled to return goods and ask for a refund, exchange or repair if the goods you purchased: Are not the same as the description provided. (If a supplier is out of stock we will notify you before confirming the order.) Have a fault that you could not have known about at the time of purchase (see below for goods damaged in transit);You are NOT entitled to a refund if you: chose the wrong size or style; realise you can’t afford the goods; simply change your mind or no longer want the goods; found the same item at a cheaper price elsewhere; knew about the particular fault prior to purchase; and/or were responsible for causing the fault. (eg. spelling or layout errors/mishandling)
Spelling & Layout: Engraving is not commenced without the digital proof approved by you in writing. Once approved, we take no responsibility for errors on your part. The Trophy Superstore send proofs to customers to ensure your spelling and layout is correct. The Trophy Superstore will try our best to pick up mistakes you may have made but we take no responsibility for misspelt words that you have supplied and approved.
All claims must be made within 7 days of receiving the product.
We will refund using your original payment method where appropriate and we reserve the right to replace or refund the cost at our discretion. This Policy operates in addition to your statutory rights for returns of faulty goods. Cancellations are subject to the following conditions: Orders which have been engraved but have not left with our courier may be cancelled but will incur a cancellation fee equal to the full price of the order. Orders which have not yet been engraved may be cancelled with a cancellation fee of 50% of original order value. Orders which have left with our couriers cannot be cancelled.
Goods damaged in transit: You are entitled to a replacement or refund of goods damaged in transit if you have chosen the insurance option on our website when you placed your order. We offer this option as all goods are delivered by a courier and outside of The Trophy Superstore’s direct control once they leave our premises.
RETENTION OF TITLE
Any goods supplied buy the seller to the customer shall pass when such goods are delivered to the customer or into custody on the customer’s behalf; but ownership and title in such goods shall be retained by the seller until payment is made for the goods. Until such payment has been made in full, the customer shall hold the goods as fiduciary agent and bailee only for the seller. The customer may resell the goods but only as a fiduciary agent of the seller. Any right to bind the seller to any liability to any third party by contract or otherwise is however expressly negated. Any such resale is to be at arms length and on market terms and pending resale or utilization in any manufacturing process is to be kept separate from its own, properly stored, protected and insured. The customer will receive all proceeds whether tangible or intangible, direct or indirect of any dealing with such goods in trust for the seller and will keep such proceeds in a separate account until the liability to the seller shall be deemed to have been discharged. The seller is to have power to appropriate payments to such goods and accounts as it thinks fit notwithstanding any appropriation by the customer to the contrary. In the event that the customer uses the goods in some manufacturing process of its won or some third party then the customer shall hold such part of the proceeds of such manufacturing process as related to the goods in trust for the seller. Such part shall be deemed to equal in dollar terms the amount owing by the customer to the seller at the time of the receipt of such proceeds. If the customer defaults in the payments of the price or goes into bankruptcy, liquidation or has a receiver appointed, it shall be lawful for the seller without notice to enter the customer’s premises where the goods may be and retake possession of them