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Terms & Conditions for Resellers

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Access to this website is limited to approved Active Creatures wholesale customers (who we refer to in our marketing communications as Active Creatures Resellers).

Please enter your user name and password to enter the site.

If you would like to open an online wholesale account with Active Creatures, please complete the application form which can be found on the Resellers page.

Please allow up to 3 working days for your application for an online wholesale account to be assessed by us.

Once your application has been approved, you will be notified via email by our Customer Service team, and granted permission to access this wholesale website.

 

1 About these Terms and Conditions of Sale

This website is operated by Active Creatures Pty Ltd (ABN 45 926 695 340) (us, we, our).

These Terms and Conditions of Sale set out the terms by which we will agree to supply you on a wholesale basis with the products advertised on this website from time to time. Whenever you purchase a product via this website, you must first agree to these Terms and Conditions of Sale.

You should read these Terms and Conditions of Sale in conjunction with our Privacy Policy and any other notices and disclaimers which appear in our website (but only to the extent such notices and disclaimers are not inconsistent with these Terms and Conditions of Sale).

We reserve the right to amend these Terms and Conditions of Sale at any time.All amendments to these Terms and Conditions will be posted online. However, continued use of this website will be deemed to constitute acceptance of the new Terms and Conditions of Sale.

2 Use of this website

You must not use this website to purchase products if you purchasing same for your personal use. (see our corresponding right regarding order cancellation in section 8 below). If you want to purchase our products for your personal use, please visit activecreatures.com.

You have been provided with information including user name and password to enable you to access this website. You must keep that information strictly confidential, and you must not disclose it to any other person, or permit any other person to access this website.

Active Creatures is a premium women’s active wear company and maintaining the integrity of our brand and our products is of the utmost importance. Accordingly, wholesalers purchasing goods on this website are not permitted to:

(a) on-sell our products to other businesses to sell to retailers; or
(b) defame our products or make derogatory remarks about them; or
(c) change the products in any way (eg by adding embroidery).

If it comes to our attention that you are in breach of any of the provisions of this section, we reserve the right to cancel any orders you may have with us and we may also refuse to accept subsequent orders from you.

3 Purchasing products

As an entity intending to acquire products for sale to third parties, you may use the features and functionality offered on this website to purchase products.

(a) Making an Order

(i) Select the size and quantity of the products you would like to order and click on the "Add to cart" button.
(ii) If you want to add more products to your order click "Continue shopping."
(iii) Once you have added all the products to your cart click “Checkout” (b) Minimum orders All orders for products on this website must be for not less than $1,00.00 in one transaction. Orders for less than this amount will not be processed with a wholesale discount.

(c) Submitting your order & checking out

(i) Confirm all the products on your order form are correct, you can “Return to Store” to edit the products in your cart or to continue shopping.
(ii) Confirm your contact email and billing and shipping address details and click “Continue to Next Step”. Alternatively you can click “Return to Store to continue shopping.
(iii) Confirm the details of any further discounts or gift cards you are intending to use, before selecting your shipping method and how you would like to pay for your order. At any time on this page you can cancel your order and return to store.
(iv) After you have entered your payment details click “Complete My Purchase” to submit your order.
(v) Once your order has been submitted it cannot be varied or cancelled.
(vi) An order confirmation will appear on the screen that you have successfully placed your order. Note: we don’t ask a customer to select a T&Cs opt in in the checkout process

4 Prices and descriptions of products

All prices on this website are displayed in Australian currency and are subject to change without notice.

Prices in Australian dollars include GST.

GST is excluded from the invoiced price of products for delivery outside of Australia.

Prices are displayed exclusive of shipping and delivery charges to your location. Shipping and delivery charges applicable to your circumstances will be calculated during the online checkout process for your purchase. You need to confirm your acceptance of these calculated charges before we can finalise your order.

5 Payment and security

Full payment for all goods is required at the time of checkout online under section 3.

We only accept payments by credit cards from Visa, MasterCard and American Express and payments by PayPal.

Depending on your location, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer or PayPal. If you are outside Australia, you may also be liable to pay import duties, levies and taxes. All costs associated with exchange rates and import clearance must be borne by you and we will not be liable for any such costs.

This website uses Secure Sockets Layer (SSL) technology software for information transmission. Information submitted through this website (including your credit card details) is encrypted using the same 128-bit security commonly used by banks. For your protection, purchases made using your credit card may be delayed slightly to allow us time to check your billing information with your financial institution.

Despite these security measures, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by you as a result of any fraudulent or unauthorised use by another person of your payment method details (including your card details).

6 Dealing with your order

All products in your order that are in stock will be processed and dispatched from our warehouse within 1 to 3 working days. If any products in your order are temporarily or permanently out of stock, we will contact you to arrange a refund, exchange or credit note for those products. If applicable, we may also give you the option of waiting for us to ship the products once new stock arrives.

7 Delivery

Australia

Online orders for delivery within Australia are usually dispatched via Australia Post .You should allow 3 - 5 working days for delivery within Australian metropolitan areas and 21 days for delivery to regional locations within Australia.

You are responsible for all shipping and delivery charges.

You can track your order for an estimated delivery time from Australia Post website http://auspost.com.au/track/

Please note that you will have to sign for your order.

If you are not available to sign for your order, Australia Post will leave a note with instructions for pick up from a designated post office.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

International

Online orders for delivery internationally are dispatched with either Australia Post or UPS. You should allow 5 - 10 working days for delivery to international destinations.

You are responsible for all shipping and delivery charges.

We deliver to street postal addresses (not PO Boxes) in many locations throughout the world.

We deliver only by our nominated carrier(s). We may change our nominated carrier(s) from time to time without notice. You can select your preferred carrier during the online checkout process for your purchase. You need to confirm your acceptance of this carrier as part of the checkout process.

Depending on the carrier applicable to your circumstances, we may provide tracking details when we confirm your order has been dispatched.

Our nominated carrier(s) will generally require a signature from you before you take delivery of your products.

If there is no-one at the delivery address when the carrier delivers your products, the carrier will leave a card giving you the information necessary to contact the carrier. You must then liaise directly with the carrier to arrange re-delivery of the products or delivery to an alternative address.

Delivery times will vary depending on your delivery location. Please note that while we take all reasonable steps to ensure your product is delivered in a timely manner, delays may occasionally occur as a result of our carrier which we have no control over. If any delay is caused by an event out of our reasonable control or foresight (including delay caused by us receiving an incorrect delivery address), we will not be liable for any loss or damage incurred by any person as a result of such delay.

You will be solely responsible for arranging import clearance into your country for delivery of all products you order via our website.

You will be importing goods into your destination country and, as the importer of goods, you are legally responsible for any and all taxes, duties, and charges imposed by your Government.

All taxes, duties and charges are to be paid by you on delivery of order. Under no circumstance will we accept any goods returned because of your refusal or inability to pay for them.

8 Problems with your order

If you have any problems with your order, please contact our Customer Service Team at support@activecreatures.com or via telephone on +61 1300 793 929.

Contacting customer service

When you contact customer service by phone or email, please provide the following information so we can assist you as quickly as possible:

Your name
Date your order was placed, if applicable
Your invoice number
Your Sales Order Reference Number, if available
Your tracking number, if available
Brief description of the problem you are experiencing

If you email us, we will investigate your enquiry and get back to you as soon as possible.

9 Our order cancellation policy

Once an order has been dispatched we do not accept cancellations unless the product is faulty, or was wrongly described on our website at the time of purchase. If you consider this has occurred, please contact our Customer Service Team at support@activecreatures.com or via telephone on +61 1300 793 929 No cancellation fees apply and we will reimburse any shipping costs incurred by you in returning the goods.

We reserve the right to cancel your order prior to delivery if:

(a) you provide erroneous or insufficient information in relation to your payment method, billing details (including if the billing details you provide are different from the details your financial institution has on record) or shipping address;
(b) we know or suspect that you intend to use the products to be delivered for other than supply to other parties in trade or commerce; or
(c) we know of or suspect any fraudulent or dishonest activity in relation to your order.

In these cases, we may also refuse to accept subsequent orders from you.

10 Our refunds and exchange policy

If you take delivery of a product which is defective or was wrongly described on our website at the time of purchase, we will refund the cost of the product or exchange at your request in accordance with the consumer guarantees provided under the Australian Competition and Consumer Act 2010 (Cth).

In the case of defective or wrongly described goods, you are responsible for the return shipping and handling, but the charge (cost) will be reimbursed by us upon receipt of the returned goods.

For all returns under this section 9, enclose your merchandise and, if required, proof of purchase documents to:

Active Creatures Return Orders
PO Box 383
Abbotsford VIC 3067
AUSTRALIA

We reserve the right to determine whether a product is defective and to conduct a production and quality check. If a product is deemed defective by us a replacement item will be shipped where possible subject to stock availability or a credit note issued. Alternatively, if you have a requested a refund, we will make the necessary payment.

In the case of your returning goods for refunds or exchange, please note:

(a) Active Creatures will not be held responsible if there is a delay in delivery;
(b) You must send a copy of the Return & Exchange Form with any return;
(c) In the event that your returned products are lost in transit, we will not be held liable. We therefore recommend that you send all returns via Registered Post.
(d) In the case of your requesting a refund, we ask that you allow 7 business days from the day your return your goods for your account to be credited.

Please contact our Customer Service Team at support@activecreatures.com or via telephone on +61 1300 793 929 for assistance regarding specific product return enquiries.

11 Questions and complaints

If you have any questions or feedback on any of the products advertised on this website, please complete our online query and feedback form available via the Contact Us page. We greatly value our customers’ thoughts, which can help us to develop new and improved products for the future.

If you have a complaint regarding a specific order via this website, please complete our online order complaint form available via the Contact Us page.

12 General legal matters

General limitation of liability

Except as provided in these Terms and Conditions of Sale and to the extent permitted by law, we are not responsible for direct, special, incidental or consequential damages resulting from breach of any warranty or other provision of these Terms and Conditions of Sale (except in relation to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions).

Governing law

These Terms and Conditions of Sale are governed by the laws in force in the State of Victoria, Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria including the Federal Court of Australia.

This website is intended for access throughout the world. We make no representations that our website or any content, material or information on our website complies with the laws of any country which is not Australia. If you access our website from outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access our website.

Inability to carry out obligations

If we are unable to perform any or all of our obligations under these Terms and Conditions of Sale by reason of an event which is not reasonably within our control including without limitation omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.

Our employees

None of our employees have the authority to vary any of these Terms and Conditions of Sale.

Severability

The provisions of these Terms and Conditions of Sale will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of this agreement.

Waiver

Any delay or failure by us to enforce any rights under these Terms and Conditions of Sale does not constitute waiver.