T & C
1. We respect your privacy
1.1. Raie Eyewear respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. Raie Eyewear will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
4.1. Raie Eyewear may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Raie Eyewear may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Raie Eyewear , https://raieeyewear.co/, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
6.1. Raie Eyewear is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at email@example.com.
7.2. We reserve the right to refuse to provide you with information that we hold about 27th August 2019 you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 10 Ninth Ave Palm Beach, PALM BEACH, Queensland, 4221. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1. When you visit our website When you come to our website (https://raieeyewear.co/) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.3. Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Raie Eyewear is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
ABN: 83 533 973 701
This Retailer agreement is between:
RAIE EYEWEAR (ABN 83 533 973 701)
10, Ninth Avenue, Palm Beach QLD 4221
Hereinafter referred to as ‘Supplier’
The Retailer that is agreeing to these terms
Hereinafter referred to as ‘Retailer’
O P E R A T I V E P R O V I S I O N S:
1.1 The Supplier appoints the Retailer and the Retailer accepts such appointment as a non-exclusive reseller of the Products during the Term of this Agreement which commences on the date of execution of this Agreement and continues according to the Terms specified within this Agreement.
1.2 In consideration of the Retailer accepting such appointment, the Supplier grants to the Retailer the non-exclusive right to advertise and sell to end consumers the Products for the Term in accordance with this Agreement.
1.3 During the Term, the Supplier agrees to supply and the Retailer agrees to purchase the quantities of Products that the Retailer orders in accordance with the terms and conditions of this Agreement.
2.1 The Retailer may order Products from the Supplier from time to time by submitting a Purchase Order to the Supplier or creating an order in Shopify in accordance with the terms of this Agreement.
2.2 The Supplier may accept or reject a Purchase Order at its discretion. Any accepted Purchase Orders shall form part of and be governed by the terms of this Agreement. The Supplier is not deemed to have accepted a Purchase Order until it has issued an order number or (if earlier) the Supplier has notified the Retailer in writing that the Purchase Order is ready for delivery.
2.3 Once a Purchase Order has been accepted by the Supplier it is not able to be cancelled or amended by the Retailer except where otherwise agreed by the Supplier in writing and subject to payment of additional costs reasonably incurred by the Supplier.
2.4 A minimum order quantity, referred to as the MOQ, of 15 units of products applies to all Purchase Orders. Unless otherwise agreed by the Supplier in writing, the Retailer acknowledges and agrees that the Supplier will not accept Purchase Orders that do not meet the MOQ requirement.
2.5 Each Purchase Order must:
(a) be given in writing or be completed in Shopify
(b) specify the type and quantity of Products ordered
2.6 This Agreement applies to each Purchase Order made on or after the Execution Date written in this Agreement. Each Purchase Order is an independent contract that will continue in accordance with its terms until that contract has been terminated or fully discharged. Purchase Orders and this Agreement may run concurrently, and termination of a Purchase Order does not automatically terminate this Agreement.
2.7 For the purpose of this Agreement, a Purchase Order shall mean any specific purchase request by the Retailer for one or more Products that has been invoiced by the Supplier and paid for by the Retailer and Product shall mean the product or products to be supplied by the Supplier to the Retailer in accordance to the related Purchase Order.
3. Wholesale Price
3.1 In the event of any inconsistency between this Agreement and any Purchase Order, the terms contained in the Purchase Order will prevail to the extent of such inconsistency.
3.2 Unless otherwise agreed and to the extent permitted by laws, all contracts and dealings with the end-customer of the Retailer are the responsibility of the Retailer and not the Supplier.
3.3 The Wholesale Price for the Products will be specified in the Purchase Order pursuant to the Supplier’s current wholesale price list as at the date the Purchase Order is accepted by the Supplier.
3.4 The Supplier will provide the Retailer with a line sheet containing wholesale prices.
4.0 Wholesale Terms
4.1 Raie requires 30% of the total order value is to be paid to confirm the order on or before the related invoice deadline date and the remaining 70% is to be paid on or before the shipment dispatch date of the order.
5.1 The Retailer agrees to pay the Price for the Products and all other costs associated with the Retailer receiving the products to their recipient delivery location except the cost of delivery and insurance which will be borne by Raie should the Retailer accept standard delivery with Insurance by Australian Post arranged by Raie.
5.2 The Supplier will render the invoices related to each Purchase Order to the Retailer prior to delivery of the Order.
5.3 If payment is not made in accordance with the terms of this Agreement, the Supplier at its entire discretion may:
(a) require the Retailer to pay the Supplier interest on all outstanding monies from the due date until the date of payment at the rate of 12% (twelve per cent) per annum accruing daily;
(b) refuse to supply any further part of the Order to the Retailer until all outstanding monies, including any accrued interest, is paid in full;
(d) terminate this Agreement whereupon the full price for the Products then supplied, whether or not the time for payment under this Agreement has arrived, will be immediately due and payable.
5.4 The Retailer may not withhold payment or make any deduction from any amount owing to the Supplier without the Supplier's prior written consent, irrespective of any claim the Retailer may have against the Supplier for anything or matter whether related to the provision of the Products or not.
5.5 All wholesale prices are displayed in AUD (Australiand Dollar) and all payments are to be paid by the Retailer to the Supplier in United States Dollars (USD) unless the Retailer is located within Australia or New Zealand in which case all payments are to be paid by the Retailer to the Supplier in Australian Dollars (AUD). The Retailer is solely responsible for any bank fees and currency conversion applicable to any local or international payments.
5.6 All amounts owed to the Supplier by the Retailer and not paid by the date according to the Terms of this Agreement become immediately due and payable together with any applicable interest due as specified in this Agreement:
(a) on termination of this Agreement for any reason; or
(a) if the Retailer becomes subject to an insolvency event.
5.7 The Retailer must provide the Supplier with its current credit card details prior to the Commencement Date. If the Retailer fails to make payment in accordance with the terms of this Agreement, then in addition to the other rights that the Supplier has, the Retailer irrevocably authorises the Supplier to deduct any fees and all other amounts payable by the Retailer to the Supplier from the Retailer’s nominated account without notice. The Retailer must:
(a) ensure that they keep their credit card details up to date at all times and must notify the Supplier in the event the details are no longer current;
(b) ensure that there is sufficient funds available in the account; and
(c) not dispute any payments made under this clause.
5.8 The Retailer agrees to pay all applicable customs duties, taxes and fees within reasonable time of the delivery reaching their country of destination and is wholly responsible to ensure it is informed of when those payments are due and accepts liability for any demurrage costs or other added penalties related to a delay in making those payments.
6. Delivery of Products
6.1 The Supplier must deliver each Purchase Order in accordance with the delivery details as specified in the Purchase Order or as otherwise agreed between the parties in writing.
6.2 For wholesale orders, Raie offers to Retailers free standard international shipping by Australia Post. If the Retailer prefers to use a different delivery service or method the Retailer must arrange and bear all associated costs of the delivery of the Products to the Retailer’s nominated delivery address and those costs of delivery are immediately payable to the delivery service on the date requested by the delivery service. Any estimates for delivery costs provided by the Supplier are an estimate only and are subject to change without notice and a change in the delivery costs does not entitle the Retailer to dispute payment of such costs. The Retailer is welcome to choose DHL express delivery options, however the payment is to be made by the Retailer.
6.3 Delivery of the Products is completed when:
(a) the Retailer (or its employees or agents) takes possession of the Products at the Supplier's address; or
(b) the Products arrive at the Retailer's nominated delivery address (in the event that the Products are delivered to the Retailer).
6.4 Delivery of the Products to a third party nominated by the Retailer is deemed to be delivery to the Retailer for the purposes of this Agreement.
6.5 Any times provided by the Supplier to the Retailer in respect of the delivery of the Products are estimates only and are non-binding on the Supplier. Whilst the Supplier attempts to deliver all Products on time, sometimes delays are inevitable, and the Supplier will not be responsible for any Losses suffered by the Retailer in the event of delay. Late delivery of a Purchase Order does not entitle the Retailer to:
(a) refuse to accept delivery of the Purchase Order;
(b) claim damages from the Supplier; or
(c) terminate this Agreement.
6.6 If the Retailer fails to accept delivery of a Purchase Order on the date it arrives at the Retailer’s nominated delivery address the Purchase Order will be stored until delivery takes place again and the Retailer may be charged for all related costs and expenses (including insurance).
Without limitation to any other clause of this Agreement, where delivery is to be made without signature on delivery, the Supplier accepts no responsibility in the event the delivery address is left unattended at the time of delivery of the Products.
7. Product Warranties and Product Quality
7.1 The Products supplied to the Retailer by the Supplier under this Agreement must:
(a) be of merchantable quality and fit for any purpose as described by the Supplier; and
(b) be free from defects in design, material and workmanship.
7.2 Other than those expressly set out in this Agreement, and to the maximum extent permitted by law, the Supplier excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products.
8. Retailer Obligations in Relation to the Products
8.1 During the Term of this Agreement, the Retailer must:
(a) sell the Products in the original packaging supplied by the Supplier;
(b) ensure that it has adequate stock on hand to fulfill orders of the Products;
(c) use its best efforts to market and sell the Products;
(d) ensure the timely delivery of the Products to its customers and ensure a high standard of customer service is provided;
(e) not alter or interfere in any way with the products or their original packaging including not removing any labeling or instructions provided with the Products.
8.2 The Retailer must not make any representation or give any warranty in relation to the Products without authorisation by the Supplier in writing.
8.3 The Retailer must not do anything which might negatively affect the reputation of any of the Products and/or the Supplier.
8.4 The Retailer must:
(a) promptly inform the Supplier of all customer complaints or claims in relation to the Products;
(b) not admit liability on behalf of the Supplier in respect of any customer complaint or claim in relation to the Products;
(c) deal promptly with all customer complaints or claims in relation to the Products which will not result in the Supplier incurring any liability to the party.
8.5 In performing its obligations under this Agreement, the Retailer must comply with all applicable laws, statutes, regulations, and regulatory policies in force.
8.6 The Supplier may publish recommended retail pricing which is to be used as a guideline only. Subject to applicable laws, the Retailer is responsible for determining the price which it sells the Products for.
9. Acceptance and Defective Products
Subject to the following terms, the Supplier agrees to provide the following remedies for Products deemed defective.
9.1 The Retailer must inspect all Products immediately on receipt of the Products and before use and must give the Supplier notice of rejection:
in the case of a defect that is apparent on normal visual inspection, within the earlier of 30 days of receipt or before the Products are used; or
in the case of a latent defect, within 30 days of the latent defect becoming apparent.
9.2 The Retailer must, upon notification of defective Products:
provide any photographic evidence requested by the Supplier; and
allow the Supplier to inspect the Products to determine whether they are defective (this includes granting the Supplier unimpeded access to inspect such Products).
9.3 If the Retailer is aware or ought reasonably to be aware that the Products are defective for any reason, then the Retailer must take all necessary steps to mitigate any loss or damage.
9.4 If the Supplier is notified of a rejection of a defective Product and agrees it is defective
(acting reasonably) then the Supplier will at its election either:
a) request return of the defective products to the Supplier and in this case the Supplier
will bear all delivery and other associated costs for the products to be returned and shall either:
(i) replace the quantity of those defective Products with the same quantity and value of
Products bearing the same SKU number or different SKU number as agreed
in writing with the Retailer prior to dispatch of the Product replacements
and will bear all delivery and other associated costs for the replacement products to arrive at the Retailer’s nominated delivery address as confirmed on the Purchase Order of the defective Products; or
(ii) choose not to replace those products and in this case may refund the Retailer in full for the full purchase order value for those defective Products
(b) requests the Retailer accepts the defective Products and in this case the Supplier
(i) provide a full refund for those defective products to be removed from sale and be discarded or
(ii) provide a partial refund for those defective products and authorise in writing the Retailer may sell those products at a discounted price however must not advertise those discounted prices digitally or outside of their retail premises or
(iii) provide a partial refund for those defective Products and authorise in writing
for the Retailer to arrange locally the repair of those defective Products for
the Retailer to resell at the full recommended retail price and in this case the
Supplier will reimburse the Retailer for the cost of repair upon presentation of
9.5 Notwithstanding the above clauses, the Supplier will not be liable to refund or be required to accept any return for any defect or damage in any of the following events:
(a) where such defect or damage is caused or party caused by or arises as a result of the Retailer (or the Retailer fails to take reasonable steps to prevent them from becoming
defective), fair wear and tear, or any accident or circumstance outside the reasonable control of the Supplier:
(b) where the Retailer makes any further use of the Products after giving notice:
(c) the Retailer alters or repairs those Products without the written consent of the Supplier: or
(d) the Product differs from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10 Marketing Materials
10.1 The Supplier grants the Retailer a revocable, non-exclusive and non-transferable or assignable licence to use the advertising, marketing or promotional material (“Marketing Material”) provided to the Retailer by the Supplier in connection with the marketing, promoting and distribution of the Products during the Term and in line with clause 11 of this Agreement. The Retailer must not:
(a) alter and/or modify such Marketing Material; and
(b) reproduce, copy, make public, disclose the whole or any part of the Marketing Materials except to the extent approved by the Supplier
10.2 The parties acknowledge that the Retailer is permitted to do their own photo shoots and create their own advertising, marketing or promotional material (“Retailer Material”) for use in connection with the marketing, promoting and distribution of the Products during the Term. In the event any Retailer Material is created, the Supplier reserves the right to reject or request changes be made to such Retailer Material (acting reasonably).
11. Product Launch Dates
11.1 The Retailer agrees, throughout the entire term of this Agreement,
it may not make available for sale any Product purchased from the Supplier until on or after the product launch date for that Product’s SKU as given by the Supplier to coincide with global product launch dates, and
it may not make visible to the public by means of publication or otherwise any Marketing Material before the release date of that Marketing Material as specified in writing by the Supplier to the Retailer and the purpose of this is to coincide with the global product launch dates.
12.1 Either party may terminate this Agreement without cause at any time on giving the other party 30 days’ written notice.
12.2 The Supplier may in its absolute discretion, by written notice to the Retailer, immediately terminate this Agreement or one or more Purchase Orders (and shall have no liability for any Loss suffered by the Retailer due to the termination):
(a) if the Retailer fails to make payment in accordance with clause 5
(b) if the Retailer becomes insolvent;
(c) if the Retailer commits an act of bankruptcy or is made bankrupt;
(d) if the Retailer makes a composition or other arrangement with creditors;
(e) if the Retailer assigns assets for the benefit of creditors generally;
(f) being a company, if the Retailer enters into a deed of company arrangement or has a controller, administrator, receiver or receiver and manager appointed;
(g) being a company, if the Retailer goes into liquidation;
(h) being a partnership, if the Retailer has a receiver or a receiver and manager appointed;
(i) in the event of Force Majeure (such as if the Supplier is unable to supply the agreed Products by means outside of the Supplier’s control that may be related to the factory or otherwise); or
(j) breaches any warranty or obligation contained in this Agreement or a Purchase Order and fails to rectify the breach within 7 days of being given a notice to do so.
Executed as an Agreement and EXECUTED by RAIE EYEWEAR (ABN 83 533 973 701) 10, Ninth Avenue, Palm Beach QLD 4221 to commence on the same date the first order is submitted by the Retailer to RAIE EYEWEAR.