How, What, Why?
The term 'Rinkit', 'us' or 'we' refers to the owner of the website whose registered office is:
Rinkit PTY Ltd
19 Southeast Boulevard
Our ABN is: 99 620 882 279.
You can contact us by emailing email@example.com
The term 'you' refers to all users or viewers of www.RinkitWholesale.com.au.
Website Terms and Conditions of Use
The content of the pages of this website is for your general information and use only. It is subject to change without notice - as are these Terms and Conditions, which you are advised to read fully at the time of any purchase.
Your use of this website is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. We reserve the right to withdraw any item from sale without notice.
This website contains material which is owned by or licensed to us including the various elements of the Rinkit logo. Reproduction is prohibited without express written permission.
Where third-party trademarks are reproduced on our site, we have negotiated our right to use these trademarks with our suppliers purely for the purpose of representing the products to which they pertain. Reproduction of third-party trademarks appearing on this site is expressly forbidden and we shall not be liable for any infringement.
Prices are subject to change. We aim for absolute accuracy but we will not be held responsible for any pricing errors. We reserve the right to cancel an order up to the point of delivery.
We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The content of Rinkitwholesale.com.au may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked content for which we have no responsibility.
Your use of Rinkitwholesale.com.au and any dispute arising out of such use of it is subject to the laws of Australia.
Trade Terms and Conditions of Purchase
In this Agreement:
The "Customer" means any person or business who places an Order with Rinkit Wholesale.
The "Goods" means any items sold or supplied by Rinkit Wholesale under an Order.
"Rinkit Wholesale" means the website www.rinkitwholesale.com.au, a web address and trading outlet of Rinkit PTY LTD, 2/19 Southeast Boulevard, Pakenham, VIC 3810 ABN Number: 99 620 882 279.
"Order" means any request or order (via phone, web order (excluding Rinkit.com.au) or mail order) to purchase the Goods which is processed through the Rinkit Wholesale (RinkitWholesale.com.au) website.
The "Parties" refers to the Customer and Rinkit Wholesale.
Headings are intended for ease of reference only and should not otherwise be used to interpret the terms and conditions of this Agreement.
- This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. The Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
- Any Order is subject to acceptance by Rinkit Wholesale. Rinkit Wholesale is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Rinkit Wholesale does not in itself constitute acceptance by Rinkit Wholesale of the Order.
- No variations to this Agreement will apply unless expressly agreed by the Parties in writing.
- Goods being Sold
- Descriptions and specifications for the Goods are set out on the Rinkit Wholesale website at the time of the Order or the Rinkit Wholesale website from which the Order is placed provided the website is current at the time of the Order.
- Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Rinkit Wholesale may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer's approval.
- If any Goods are unavailable or out of stock then Rinkit Wholesale may cancel the Order in whole or in part and refund any monies paid or, issue a credit note. Alternatively, Rinkit Wholesale may vary the Order with the Customer's approval.
- Customers placing Orders for age-restricted goods such as knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
- Terms of Payment and Payment Methods
- The Goods shall be payable at the prices listed on the Rinkit Wholesale website at the time of the Order. Rinkit Wholesale reserves the right to update prices on the Rinkit Wholesale website or in future Rinkit Wholesale catalogues from time to time. Occasionally, prices advertised on the Rinkit Wholesale website may differ from prices advertised in the Rinkit Wholesale catalogue or by Rinkit PTY LTD through any other channel and Rinkit Wholesale is under no obligation to honour any price found lower elsewhere. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in AUD.
- Unless otherwise stated, all prices quoted exclude GST. Any such GST shall be charged in accordance with the relevant regulations in force at the time of the Order.
- Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Rinkit Wholesale shall be under no obligation to honour the incorrect price or Order.
- Payment for Goods and Delivery may be made by debit/credit card (some cards are subject to an administration fee), paypal, Apple Pay, electronic bank transfer (e.g. FastPay, BACS, CHAPS etc.)
- All Orders may be subject to further credit or security checks or further security for payment such as the provision of a suitable letter of credit, bank or director guarantee.
- Customer trade credit accounts are provided solely at Rinkit Wholesale's discretion and are subject to regular credit and security checks for approval. Rinkit Wholesale reserves the right to suspend or withdraw credit account facilities at any time.
- Rinkit Wholesale shall be entitled to deduct from or set off against the price of the Goods/Order any sums that are owed to the Customer under this or any other agreement between the Parties. Exercise by Rinkit Wholesale of the rights under this clause 3.9 shall be without prejudice to any other rights or remedies available to this Rinkit Wholesale in this Agreement or in law.
- 4. Delivery & Retention of Title
- Full delivery prices and options are listed on the Rinkit Wholesale website or catalogue and subject to change from time to time.
- Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
- Rinkit Wholesale will use reasonable endeavours to meet delivery estimates in all cases however Rinkit Wholesale cannot be held liable for any delay in delivery.
- Risk in the Goods transfers to the Customer at the time of delivery (without prejudice to the obligations of the Customer in Clause 5.3 below).
- Goods delivered are used, stored and installed at the Customer's own risk and Rinkit Wholesale will not be liable for any damage, loss or disruption caused by the same.
- All deliveries are made to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.
- Where delivery is delayed, cancelled or not accepted by the Customer (including due to lack of delivery instructions), Rinkit Wholesale reserves the right to charge for cancelled deliveries or for storage at 2% of the invoice value for the respective Goods calculated monthly until a successful delivery can be made.
- Title and property in the Goods will only pass to the Customer upon payment has been made in full for the Goods in question, together with all or any other sums owing or due to Rinkit Wholesale, whether under this Agreement or otherwise.
- Until such time as the title in the Goods passes to the Customer (and provided that the Goods are still in existence and have not been resold) Rinkit Wholesale shall be entitled at any time to require the Customer to deliver up or return the Goods and if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the Goods.
- The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Rinkit Wholesale but if the Customer does so all monies owing by the Customer to Rinkit Wholesale shall (without prejudice to any other right or remedy of Rinkit Wholesale) forthwith become due and payable.
- Warranties and Returns
- Subject to the conditions in this clause 5, Goods sold in the AU mainland may be returned for a refund, exchange or replacement within 14 days provided they are returned unused, in a saleable condition and in their original packaging. However, any unwanted, non-faulty or non-damaged Goods returned more than 10 days after delivery will be subject to a 25% restocking charge (calculated by Order value) on refunds. Certain Goods cannot be returned for hygiene reasons. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Rinkit Wholesale website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at Rinkit Wholesale's discretion.
- Goods are guaranteed in accordance with the terms of the manufacturer's warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, exchanged or replaced at Rinkit Wholesale's discretion.
- Goods that are damaged due to delivery must be reported to Rinkit Wholesale within 24 hours. Large orders delivered by pallet delivery carrier must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing from delivery must be reported to Rinkit Wholesale within 24 hours from delivery.
- The warranties in this Clause 5 do not apply to Goods that have not been paid for in full and/or any defect in the Goods caused by the fault, negligence or failure of the Customer to use the Goods for their normal intended purpose or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance.). Goods marked ‘no commercial warranty' are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with Rinkit Wholesale safety instructions for replacement, exchange or refund with Rinkit Wholesale's prior approval. No Goods will be sold on a ‘sale or return' basis without prior written approval by Rinkit Wholesale. Rinkit Wholesale may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Rinkit Wholesale's prior endorsement or approval. Any Goods repaired or replaced will be guaranteed only for the unexpired or remaining portion of the warranty period of the original Goods that were repaired or replaced.
- Rinkit Wholesale reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
- Rinkit Wholesale reserves the right to terminate this Agreement if the Customer undergoes a change of control (as defined by the Income and Corporation Taxes Act 1988) or cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertakings of the Customer.
- Rinkit Wholesale reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Rinkit Wholesale's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
- Rinkit Wholesale reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
- Limitation of Liability
- The Customer agrees that Rinkit Wholesale will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Rinkit Wholesale will not be liable for any additional damage caused by the Customer's failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Rinkit Wholesale's statutory liability for injury or death.
- Goods sold are not insured for delivery unless confirmed as insured by Rinkit Wholesale on acceptance of the Order.
- The Customer warrants that by signing this Agreement, he/she has authority to place the Order. Rinkit Wholesale reserves the right to require the Customer to provide a director's personal guarantee (or similar, in the case of unincorporated businesses) which shall be completed before Goods can be delivered.
- Intellectual Property Rights and Confidentiality
- Goods sold or supplied by Rinkit Wholesale may be subject to copyright or license (whether owned by Rinkit Wholesale or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Rinkit Trade harmless for any breach of said covenant or infringement of third party intellectual property rights.
- Internet Selling Policy
- In order to maintain customers’ perception of the Rinkit PTY LTD brands (full details of which are available upon request,) all online sales through Amazon and eBay websites (globally) will be reserved for Rinkit itself. Rinkit will only permit online sales of Rinkit owned brand goods to be made through our customers’ own website.
- No delay or failure on the part of Rinkit Wholesale in enforcing any provision of this Agreement shall be deemed to operate as a waiver of any rights held by Rinkit Wholesale under this Agreement nor shall any single or partial exercise of any rights or remedies by Rinkit Wholesale preclude any other or further exercise of a right or remedy.
- Any right, obligation or provision contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable by a court of law then the remainder shall continue in force and effect to the fullest extent permissible by law.
- Unless expressly agreed in writing, nothing in this Agreement shall confer any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 (as amended).
- Rinkit Wholesale reserves the right to sub-contract or assign all or part of the performance and obligations of this Agreement. Rinkit Wholesale will use reasonable endeavours to notify the Customer where such sub-contract or assignation takes place.