All wholesale requests- please email theartmum@gmail.com

 

 

The Art Mum - Wholesale Terms and Conditions/ Agreement 

Seller: The Art Mum 

Customer: The Business/ Company approved for wholesale.

Date: 2022/2023

Payment of the wholesale invoice sent out by The Art Mum to the Customer,  is an indication/proof that the customer agrees with the following terms and conditions. 
 

Terms and Conditions 

All sales made by The Art Mum ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by The Art Mum in writing. Please read these Terms and Conditions thoroughly before submitting a request for wholesale pricing and or payment of invoice. 

Do not submit a Wholesale Application or complete the invoice payment unless you understand these Terms and Conditions and agree to abide by them. The Seller reserves the right to amend or modify these Terms and Conditions of sale at any time at its sole discretion.  These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer. 
 

Distribution Grant 

Seller- The Art Mum, hereby grants to Customer the right to distribute The Art Mum products within Australia. The Art Mum also has the right to attend, advertise or sponsor any trade shows, expos, events or prizes globally regardless of distribution grants and customer attendance. 

The Customer shall not sell or distribute items to others at a wholesale rate. They must directly sell their products using their own business, shop or website. The customer must not use large platforms such as Amazon , Etsy, eBay to market and distribute the products without directly asking The Art Mum business prior to. 
 

Original Order and Payment 

The minimum order amount is 5 items of the SAME product and it must be paid to the seller by the Customer through the invoice system gateway provided. 100% of purchase price will be billed at the time of shipment. Orders will generally be shipped within 15 days of placing the order. If more lead time is needed, the Customer will be notified within 2 days. 

*Please note, all orders will be billed in Australian Dollars. Prices may change due to the exchange rate at the time of ordering and payment.

Reorder Minimum 

The minimum re-order amount is 5 Items. Terms may be extended by the Seller to the Customer for reorders as outlined below. 100% of the purchase price will be billed at the time the goods are ready to be shipped. 

Shipping 

Orders will be shipped by the Seller via Australia Post, DHL, and/or FedEx. Alternatively, orders may be shipped by any method arranged for by the Customer. The Art Mum will try to accommodate all rush orders. Most small orders (up to 50 units) are shipped within 10 business days after order and payment are received. Special orders and backorders will require additional time and can be estimated at the Customer’s request on a case by case basis. Actual shipping time is dependent upon availability of merchandise and credit verification. The Seller will not be responsible for shipping delays caused by a carrier. 

Notice of Defects 

The Customer is responsible for inspecting the merchandise upon receipt. Any merchandise with visible damage must be noted to the delivery service upon receipt in the Customer’s warehouse. The Customer shall notify the Seller in writing within 5 days of Customer’s receipt of the merchandise, of any claim for damages resulting from any defect in the merchandise, discovered by the Customer, including, without limitation, claims related to shortages, quality, or specification. The Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. 

Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim the Customer may have for damages resulting from such defects, including late delivery. 

Obtaining Return Authorization 

For fastest return authorization, simply e-mail theartmum@gmail.com. You will receive a Return Authorization Form which should be completed and emailed back. No ‘Change of mind’ circumstances will be accepted on bulk orders. Please take this into consideration when ordering wholesale items. When return is requested the product must be in its original state with all tags and packaging. 

Changes to Pricing & Products 

Prices are subject to change without notice. All merchandise will be shipped at the prices effective at the time of shipment. The Seller reserves the right, at its sole discretion, to change packaging and any included documentation. All orders are subject to availability. 

Confidentiality 

Wholesale prices and price lists of the Seller’s products is confidential, and for the use of the Customer only. Publishing or revealing the wholesale pricing of the Seller’s product line outside of the business of the Customer is strictly forbidden without prior written consent from the Seller. Failure to preserve the Seller’s confidentiality in its wholesale pricing will result in the immediate and permanent termination of wholesale status of the Customer. The Seller reserves the right to seek compensation for any loss or damages that would result from any breach of confidentiality. 

Disclaimer of Warranties 

The Seller cannot guarantee variances in colour or shade of product or packaging. Seller hereby disclaims all express and implied warranties, including, without limitation, implies warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and Seller and shall not apply to products sold by Seller. 

Limitation of Liability 

Customer acknowledges that the Seller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Sellers merchandise. The customer must have their own insurance. 

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondeat superior. 
 

Cancellation of exclusive sales contract/ grant 

The Customer agrees to represent The Art Mum brand to the best of its ability. The Customer must be respectful and honor the values and beliefs of The Art Mum company. If the Customer fails to do so, the distribution rights and any contract between the customer and seller, may be at risk of termination immediately. 
 

Jurisdiction/Governing Law 

Seller is headquartered in NSW Australia . These terms and conditions of sale shall be governed by and interpreted under the provincial laws of NSW (without regard to its conflicts of laws principles) and the federal laws of Australia. 

Copyright/ Use of Materials 

All products and materials published on The Art Mum website, packaging and promotional materials (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by The Art Mum or the party credited as the provider of the material. The entire contents of these documents are also copyrighted as a collective work under the Australia copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. No material from this website or any website owned, operated, licensed, or controlled by The Art Mum, product packaging, or other promotional documentation may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading, printing or reproducing any copyrighted material. 

All marketing photographs , videos etc of the products must acknowledge the original source in line with the copyright rules. 

 

Intellectual Property- All Products- Detail 

The customer must; 

(a) not to create products or materials that use the Brand without The Art Mum’s written consent and not to use such products or materials unless such use has been approved by The Art Mum in advance in writing;

(b) not customise or alter the Products in any way, including (without limitation) by altering the fabric or adding or removing any features;

(c) not  remove, obscure, alter, make any addition to or deface any Brand placed on the Products or any materials provided by The Art Mum, or to alter, make any addition to, remove or tamper with the labeling and packaging of the Products provided by The Art Mum;

(d) not  apply any other trademarks to the Products and materials (save as may be expressly agreed otherwise in writing by The Art Mum);

(e) not apply to register any trade mark, trade name, domain name, word, logo or symbol similar to or so resembling the Brand as to be likely to cause deception or confusion;

(f) not do anything which impairs the rights of The Art Mum in the Brand or in any registrations or applications relating to the Brand or which prejudices, dilutes or reduces the commercial value, reputation or goodwill of the Brand;

(g) not stock or sell any Products that would breach the above provisions if such acts were done by the Customer; and

(h) at all times to comply with the Brand Focus

All representations of the Brand which the Customer intends to use must first be submitted to The Art Mum for approval and must not be used by the Customer until such approval is granted in writing.

Breach of these terms can result in termination of supply. 

 

Samples 

The Art Mum will make every attempt to accommodate sample requests for interested businesses. Samples will be sent to potential wholesale accounts at the sole discretion of The Art Mum. Sample recipients must prove they are a legitimate business prior to shipment of samples. Due to fluctuations in inventory, certain sample items may be substituted at the sole discretion of The Art Mum.

Acceptance of Retail Distribution Agreement, and Terms and Conditions is indicated by the payment of the wholesale invoice issued by the seller to the customer.