Warranbrooke - Terms Conditions

Wholesale Account Terms & Conditions

Definitions:

Warranbrooke - where Warranbrooke is mentioned, this includes Middle of Nowhere and any other Warranbrooke affiliates.
We – Warranbrooke (this includes Middle of Nowhere and any other Warranbrooke affiliates).
Account Holder – You, the person or entity to whom hold a Wholesale Account with Warranbrooke.
You – The person, Account Holder or entity to whom hold a Wholesale Account with Warranbrooke.
Business day – A day that is not a public holiday, Saturday or Sunday in Victoria.
Third Party Websites - e.g. Ebay, Instagram, Facebook, Gumtree, The Block Shop, Deals Direct, etc. (but not limited to)

Please take a moment to review our Wholesale Account Terms and Conditions.

By placing an order with Warranbrooke, whether by this website or any other means, you are agreeing to our Wholesale Account Terms and Conditions and to be bound by them. These Wholesale Account Terms and Conditions have been put into place to protect the interests of our Account Holders and our business.

Warranbrooke reserve the right to alter the Wholesale Account Terms and Conditions at any time. You will be notified of changes via email to your nominated email address. Warranbrooke will not be held responsible for any costs incurred by an Account Holder as a consequence of these Wholesale Account Terms and Conditions changing. Continued use of our website following such changes confirms your agreement to be bound by the updated Wholesale Account Terms and Conditions.

Warranbrooke reserve the right to cease trade if our Terms and Conditions are not adhered to.

Applying For A Wholesale Account

All account applications must be submitted by online form on the Warranbrooke website (please refer to Wholesale Account Application Form).

All account applications are individually assessed to determine the suitability of the business. Assessment is executed using information provided on the application form against a set of selection criteria and can take 3-7 business days to complete under normal circumstances.

Wholesale registration is open to all retailers with a physical shopfront who operate regular retail trading hours, within the homewares, furnishing and giftware industries.

Our focus is on supporting our retail stockists with physical shopfronts. We do however reserve the right to supply, at our discretion, online-only retailers of our choice. If you have an online-only business we will keep your details on file for future reference and consideration.

New Wholesale Accounts commence on proforma status and are subject to a minimum first order of $500 + GST (excluding freight).

Managing Your Approved Account

Account details must be kept up to date at all times. It is the responsibility of the Account Holder to notify Warranbrooke by email of any changes to: address, additional trading locations, trading name, business type changes and any other business details that may affect account eligibility. Any changes to your details will prompt a review of your account eligibility and status, and may mean your business is no longer eligible to trade with Warranbrooke. Warranbrooke reserve the right to terminate any accounts that do not adhere to this policy.

Change to business ownership must be emailed to info@warranbrooke.com.au. If reapproved, new owners will commence on Proforma status.

Warranbrooke reserve the right to terminate approved accounts due to a lapse in trade activity. Reactivation of terminated accounts are subject to reassessment.

Billing

Payments can be made via bank deposit or credit card (VISA and Mastercard). Warranbrooke will never request the Account Holder to provide credit card details by email. We kindly request that all credit card details be provided by telephone only.

Warranbrooke will apply payments against your account according to your remittance advice (where available) or the oldest debt, if no remittance advice is provided.

Warranbrooke reserve the right to close trading accounts. In this instance, you will be notified immediately through your registered email. Reasons may include, but are not limited to:

Your account is in default
Improper trading practice
Account inactivity
A history of continued late payments
Providing us with false or misleading information

All products will remain the property of Warranbrooke until payment is received in full.

If an Account Holder defaults on payment, they must allow access by Warranbrooke or their agent, to retrieve product not paid for, or Warranbrooke product to a similar total value.

The Account Holder agrees to pay for all costs, disbursements and other expenses incurred by us in recovering or attempting to recover any monies outstanding by you, including, but not limited to, fees incurred by our debt recovery agency, solicitor, sheriff, Court Hearings etc.

30 Day Account Holders

If you are a 30-Day Account Holder and have monies owing in 60+ days, we will not order or commence manufacture of framed prints until the overdue monies have been paid. In addition, we will not dispatch any ready to dispatch orders, or secure any stocked or back ordered products.

Warranbrooke is entitled to take action to recover the balance owing of an invoice.

If an Account Holder pays outside of their trading terms, Warranbrooke has the right to cancel all agreements with the Account Holder and purchaser.

Warranbrooke may, at it’s discretion, provide a limited credit amount to any customer. Any orders received that exceed the credit limit, will require the excess paid prior to dispatch.

Proforma Account Holders

If you are a Proforma Account Holder, full payment of order and freight is required prior to order and commencement of manufacture of framed prints, and prior to securing and dispatching any stocked or back ordered products.

Proforma Account Holders are eligible for a 30-Day Account once orders totalling $2,000 + GST have been reached and paid for within a one-year period.

Transition to a 30-Day Account is subject to trade references and at Warranbrooke’s discretion.

Products and Availability

We reserve the right to discontinue any product or product ranges at any point in time.

Our entire product range is designed for home use and decoration only, and is not designed or warranted for commercial use or purposes in a commercial or public environment. Our entire product range (including mirrors) may be adversely effected by high humidity areas, including bathrooms and other wet areas.

Many of our pieces are hand painted or include natural timbers. Given their nature, variance in colour and natural imperfections are to be expected and celebrated. Each piece may be different and vary over time with exposure to light and use. Warranbrooke is not liable for the condition of products that have been used inappropriately or in a commercial situation (Please refer to “Warranbrooke Warranty”, for further information).

Our Made-to-order range of Framed Prints & Canvases are manufactured in out Melbourne factory. These items cannot be cancelled once ordered.

All other products are held in our warehouse. On occasion our stock levels can become depleted and there may be a period where the product is unavailable whist we await new stock. We will inform you of these details in your order confirmation email.

Pricing

All prices are exclusive of GST. Prices quoted are deemed correct at time of publishing. However, errors and omissions, can occur, and we reserve the right to amend when necessary. Warranbrooke have the right to withdraw an item from sale at their discretion.

Warranbrooke do not offer further discounts on sale items. Price increases may occur from time to time, without notification.

Orders

All orders placed with Warranbrooke are subject to Warranbrooke’s acceptance. We may accept or decline, an order in whole or in part. There is no obligation for Warranbrooke to enquire as to the authority of any person placing an Order on behalf of the Customer.

Products that are ordered but not supplied due to the product being out of stock or scheduled for local manufacture, will remain on back-order and will be dispatched as they become available. We do not follow up backorders in our system; these are deemed active orders. You are entitled to cancel a back ordered product with a request submitted via email (however this excludes Framed Prints and products in transit). Warranbrooke will confirm the cancellation via return email.

All orders will be acknowledged by an email outlining the stock status of the selected products and any other relevant information. Please allow 1-2 business days for your order to be processed under normal circumstances.

Third Party Sales

Warranbrooke forbids Wholesale Customers from selling our products via third party websites, including social media accounts.

Failure to comply with this policy without Warranbrooke’s prior written consent will result in immediate termination of the account.

Delivery and Freight

Warranbrooke operate on a Business to Business delivery structure. We will do our best to assist in deliveries to other locations, however do not have a premium service to offer. All items dispatched from our warehouse are dispatched on the basis that an ‘Authority to Leave’ is in place for every delivery. This means that if no one is at the delivery address to accept and sign for the goods, the carrier has the Authority to Leave the cartons at the door. Warranbrooke will not be held liable for missing product if no one is available to sign for the goods. We recommend that you select to have your goods delivered to an address where someone will be available to accept the delivery during regular business hours (Monday-Friday 9am-5pm). Please note, our carrier can provide a 'contact before' or 'book in' service, however this is at an additional cost/fee and must be requested at the point of order. We cannot guarentee a request for a specific delivery day or time.

It is the responsibility of the Account Holder to ensure that there is adequate access and entry to the delivery address. Deliveries can be made to street level only. Futile deliveries will incur further freight fees at the Accounts Holder’s expense. Futile deliveries may be the result of (including but not limited to):

Steep or Narrow Driveways
No Loading/Standing Zones
Stairs/Elevators
Difficult access for trucks

Warranbrooke will not be held liable for cartons signed for, but not received. If upon delivery cartons are damaged or missing, we ask that you please mark the consignment note as such and notify Warranbrooke immediately (refer to section ‘Claims’).

Pick up of goods from the Warranbrooke Warehouse is permitted. We will be in touch via email, to advise when your item/s are ready for collection. The Account Holder or a business representative may collect the goods from the Warranbrooke Warehouse. Alternatively, the Account Holder can arrange for a carrier/courier of their choice to collect the goods from the Warranbrooke Warehouse. Liability passes to the purchaser ex-warehouse, if purchaser organises the pick-up of goods or when they use their own carrier/freighter to ship our products within Australia or Internationally. Account Holder’s clients/customers are not permitted to collect goods from the Warranbrooke Warehouse under any circumstances.

The Account Holder will be notified when the goods are ready for collection. General turn around time for goods to be ready for collection is 1-2 business days from order processing. Once you (the Account Holder) have received notification of ready for collection, goods can be collected by the account holder or a carrier/courier can be arranged. Pick up times for couriers: Monday - Friday 6am-4pm. Pick up from Roller Door 4 at our Knoxfield address.
If orders are not collected within a 10 business day period from the 'Collection Notification' email, and we have not been contacted, your order will be delivered to your nominated delivery address. Delivery fees will apply. Delivery Fees and products cannot be cancelled or refunded, once onboard for delivery.
For New Zealand orders, which are unable to be dispatched by our carrier, a $5 per pallet/per week fee will apply.

Oversized Items

Items marked as ‘Oversized’ will require a freight quote and approval of freight quote prior to dispatch. Your (the Account Holder) details will be provided to our carrier whom may be in contact with you to discuss delivery options. Please note, it may take up to 5 business days to finalise the freight quote.

Lead times given at point of order confirmation, are a ‘best estimate’ and may change at any time. We will do our best to keep you updated if these times materially extend, however we cannot be held liable for any unforeseen delays.

Delayed delivery is not a basis for request for compensation.

Cancellations

Cancellations must be submitted by email to info@warranbrooke.com.au; verbal cancellations cannot be accepted. Our made-to-order range of Framed Prints & Canvases cannot be cancelled once ordered. No product can be cancelled once dispatched.

Returns

Warranbrooke does not accept returns or exchanges for change of mind or incorrect product selection. Many of our pieces are hand painted or include natural timbers. Given their nature, variance in colour and natural imperfections are to be expected and celebrated and are not considered reasonable reason for return.

Claims

Claims on faulty and damaged goods should be lodged within 14 days from receipt of goods. To claim under the Warranbrooke Warranty or a consumer guarantee (see 'Warranties'), you must:

Notify Warranbrooke Customer Service by emailing claims@warranbrooke.com.au.
You must include photos of the fault/damage for inspection/assessment, along with the corresponding invoice number.

Warranbrooke will assess the claim to determine the nature of the issue and a remedy will be made available to you within 24-48 hours (excluding weekends). You will be advised if the product is to be returned, disposed of, or if you do not have a valid claim. If you are requested to return the product to Warranbrooke for inspection/repair, you will need to package the product for transportation and label the carton as follows: Warranbrooke 3/1490 Ferntree Gully Road Knoxfield Vic 3180. Warranbrooke will arrange for the collection of any goods if required.

We strongly recommend checking items upon delivery
Do not install if there are any faults or damage to the product
Email your claim to us within 14 days from the receipt of goods
Keep the original packaging & carton, in case we require and/or need the item returned for further assessment
We do not cover for any loss or damage to products that have been collected from our warehouse, onforwarded by you to your customer or moved to a storage facility
Warranty and claims are void when product care instructions &/or Installation advice has not been followed.
Failing to provide the required information or report within our claims time frame, may result in the claim being declined

WARRANTIES

Warranbrooke Warranty

Warranbrooke Pty Ltd ACN 004 701 044 trading as Warranbrooke and/or its authorised agents (“Warranbrooke” or “Middle of Nowhere” or “we” or “us” or “our”) provides this warranty for its products that have been purchased in Australia or New Zealand (“Warranty”). This Warranty is subject to the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are intrinsic to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date that the contract of sale is completed. The period of the Warranty will be:   1 year for all products in the Warranbrooke/Middle of Nowhere Range. (Including but not limited to Wall Art, Mirrors, Textiles, Furniture and Home Accessories.)

This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear (normal wear and tear includes pilling of fabric materials, and fading of fabric, paper and canvas materials due to exposure to ultra-violet light).
This Warranty is void if there has been a failure to comply with installation or care advice.
This Warranty is not transferable and does not cover products used for commercial purposes that aren’t specifically warranted for that purpose by us.

Exclusions

Subject to the Australian Consumer Law, this Warranty does not apply to products sold as seconds, floor stock, repaired products or products that have a defect where this has been drawn to the purchaser’s attention before the purchase of the product.

In addition, this Warranty will not apply if:

The product has not been used or maintained in accordance with instructions provided with the product or information available via our website.
Incorrect Installation.
The product is used in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, exposed to ultra-violet light, not maintained properly or used after partial failure.
Repairs to a product are made or attempted by a service provider other than Warranbrooke itself.

All products are warranted for household use, unless:

The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or used with inappropriate accessories.
The product is tampered with in any way.

Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Warranbrooke Warranty apply to the consumer guarantees.

WEBSITE TERMS OF USE

Copyright

The Warranbrooke Website and the content of the Warranbrooke website may not be reproduced, duplicated, copied, sold or otherwise exploited for any purpose, unless specifically authorised in writing by Warranbrooke Pty Ltd. All content included on this site, such as text, images, graphics, logos, digital downloads, data compilations, and software, is the property of Warranbrooke or it’s content suppliers and protected by international copyright laws.

Warranbrooke Wholesale Account Holders are permitted in certain circumstances only, to use Warranbrooke product images on their website and social media, however only images of purchased products can be displayed. This excludes all images, except that of the exact size, shape and colourway of the product. Use of Warranbrooke product images on third party websites is not permitted.

Warranbrooke lifestyle images are not permitted to be used by any Warranbrooke Account Holder except with prior written permission.

License and site access

Warranbrooke grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Warranbrooke. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of

another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Warranbrooke. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Warranbrooke without express written consent. You may not use any meta tags or any other "hidden text" utilising Warranbrooke’s name or trademarks without the express written consent of Warranbrooke. Any unauthorised use terminates any permission or license granted by Warranbrooke.

Disclaimer of Warranties and Limitation of Liability

This site is provided by Warranbrooke on an "as is" and "as available" basis. Warranbrooke makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Warranbrooke disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Warranbrooke does not warrant that this site, its servers, or e-mail sent from Warranbrooke are free of viruses or other harmful components. Warranbrooke will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state & federal laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Warranbrooke and its affiliates, attempt to be as accurate as possible. However, Warranbrooke does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Warranbrooke itself is not as described, please contact Warranbrooke.

Privacy Policy

Warranbrooke collects and uses your personal information to operate the Warranbrooke website and deliver the services you have requested. Warranbrooke also uses your personally identifiable information to inform you of other products or services available from Warranbrooke and its affiliates.

Warranbrooke does not sell, rent or lease its customer lists to third parties. Warranbrooke may share data with trusted partners (such as carriers) to help provide customer support, or arrange for deliveries. All such third parties use personal information (such as business name, address, contact name & number) to facilitate these services.