Lucky 44 Terms & Conditions
terms & conditions
Lucky 44Order Conditions & Cancellation Policy
Please read our trading terms policy very carefully and sign at the bottom to acknowledge your understanding and agreement to our terms and conditions.
Unfortunately, without a signed agreement Lucky 44Pty Ltd will be unable to process your orders. All orders are considered confirmed unless we receive written notification before the cancellation period as stated below.
Any cancellations made 5 days after the sign date below will incur a 50% cancellation charge of the total order.
Please note that any orders placed by a store owner will always be their responsibility even in the case of the business being sold or closed down. It is the shop owner’s responsibility to make sure that the new owner takes over the stock ordered and be liable for payment, otherwise they will still be responsible for the stock on order. Any new owners taking over stock ordered by previous owner must also submit a signed cancellation policy to confirm they are taking over the order. This must be sent to head office.
This cancellation policy and terms herein and any orders made by the customer, shall be subject to and construed in accordance with the laws of QLD (Australia) and parties agree to submit to the jurisdiction of the Courts of QLD (Australia) should any dispute arise.
Wholesale Terms and Conditions
By placing an order with Lucky 44 you agree to the following terms and conditions.
Opening Order Minimum
Lucky 44’s minimum opening order is $175 + GST + freight. The first time you place an order with us, you’ll need to meet this minimum. No minimum on subsequent orders nnce you have placed your opening order there is no minimum.
In these Condition of Sale
‘Goods’ means all products and services agreed to be supplied by Lucky 44 to the customer under any contract.
‘Customer’ means any person who acquires goods from Lucky 44 under a Contract:
‘Contract’ means any contract for the supply of goods entered into between Lucky 44 and the customer.
‘Lucky 44’ means Lucky 44 and it’s agents, servants and employees and related bodies corporate as defined in the Corporations Law (if such related body corporate is named as party to the Contract).
‘Overdue Rate’ means 2 percent per month calculated daily and charged monthly with a $25/month administration fee also added.
‘Statutory Provisions’ for Contracts undertaken in Australia means the Trade Practices Act 1974, any statutory amendment or re- enactment thereof for the time being in force and any other relevant and applicable State and/or Commonwealth legislation.
2. Statutory Provisions
These Conditions of Sale:
(a) Unless Lucky 44 otherwise agrees in writing, are the only conditions of sale for the supply of goods by Lucky 44 to the customer to which Lucky 44 will be bound and the customer agrees that these conditions of sale will in all circumstances prevail over the Customer’s Conditions of Purchase (if any): and
(b) Supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods including, but not limited to, those relating to the performance of the Goods or the results that ought to be expected from using the Goods.
3. Warranties and Returns
(a) Some of Lucky 44’s products are handmade, and variations will occur. This is accepted by the customer when placing an order, and returns will not be accepted due to slight variation. Lucky 44 warrants that the goods supplied are in merchantable quality: (b) Lucky 44’s liability for breach of sub-clause 3(a) or a condition or warranty implied into the contract by law including without limitation the Statutory Provisions (other than a condition implied by section 69 of the Trade Practices Act) is limited to any one of the following as determined by Lucky 44
(i)the replacement of the Goods or the supply of equivalent Goods:
(ii) the repair of the Goods or payment of the cost to have the goods repaired: or
(iii) the refund of the price paid by the Customer for the Goods.
The Customer will examine the Goods for defects and shall notify Lucky 44 of any defects in writing within 7 days of delivery. Returns can only be made if the evidence is clear that the goods are faulty. A credit authorisation must be obtained by the customer from Lucky 44prior to Lucky 44accepting return of any defective goods. A credit number will only be provided by Lucky 44 if an adequate explanation as to the nature of any fault is provided. This credit number must be clearly displayed on the outside packaging containing the returning Goods. If the customer does not notify Lucky 44within 7 days of the delivery the customer shall be deemed to have accepted the Goods.
(c) To the extent the law permits Lucky 44 excludes all other liability whatsoever to the customer arising out of or in any way connected with a contract including any liability for consequential or indirect losses of any kind howsoever arising and whether caused by breach of statute, breach of contract, negligence or other tort. Consequential or indirect losses will be taken to include but not limited to:
(i) any loss of income, profit, or business;
(ii) any loss in the nature of overhead costs; and
(iii) any loss of goodwill or reputation
(a) The Customer hereby acknowledges that it has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by Lucky 44 in relation to the Goods or their use or application.
(b) Notwithstanding the fact that catalogues, material, specifications or photographs may have been supplied by Lucky 44 to the Customer no contract shall constitute a sale by sample or description.
(a) The majority of orders are shipped within 1-5 working days of payment. During peak periods and post-trade fairs, please allow extra time for delivery.
(b) Lucky 44 will make all reasonable efforts to have the goods delivered to the customer on the date agreed between the two parties as stated on the order form dates, but Lucky 44 shall not be liable for any failure to deliver or delay in delivery for any reason.
(c) A freight charge is payable on all orders and will be included in an invoice.
(a) Unless otherwise agreed in writing all risk in and to the Goods purchased shall pass from Lucky 44 to the Customer upon delivery to the Customer or his agent or to a carrier commissioned by the Customer.
(b) Without any way limiting the operation of the foregoing, upon delivery of the Goods to the Customer or his agent or to a carrier commissioned by the Customer, the Customer covenants and warrants to Lucky 44 that, in the storage and handling of the Goods, the Customer and his agents and carriers, shall comply with al relevant environmental laws and regulations, and do comply with all necessary and/or relevant permits or licenses pertaining to the storing and handling of the Goods, and the Customer shall ensure that the Customer and his agents and carriers are familiar with and adhere to all the necessary and appropriate precautions and safety measures relating to the storing and handling of Goods.
(c) If Lucky 44 does not receive forwarding instructions sufficient to enable it to dispatch the Goods within 14 days of notification to the customer that they are ready, the Customer shall be deemed to have taken delivery of the Goods from such date. The Customer shall be liable for storage charges payable monthly on demand.
(a) Title in and to the Goods will not pass from Lucky 44 to the Customer until Lucky 44 receives payment in full for all Goods and monies owing by the Customer to Lucky 44 on any account whatsoever.
(b) Until title in and to the Goods has passed to the Customer in accordance with clause 7(a), the Customer holds the Goods as fiduciary agent and bailee and the Customer will store the Goods separately in a manner that they are clearly identified as the property of Blacklist. Lucky 44 shall be entitled at any time to demand the return of the Goods and shall be entitled without notice to the Customer to enter the Customer’s premises or any other premises upon which the Goods are held in order to search for and remove the Goods.
(c) Notwithstanding that title in and to the Goods may not have passed to the Customer, the Customer may sell the Goods to a customer in the ordinary course of business. In such circumstances, the Customer sells the Goods as fiduciary agent of Lucky 44 provided that such sales shall not give rise to any obligations on the part of Lucky 44.
(d) If the Customer sells any of the Goods before title in and to the Goods has passed in accordance with clause 7(a), the Customer will hold such part at the proceeds of sale as relates to the price of the Goods sold on trust for Lucky 44 and will hold all such proceeds in a separate account which clearly identifies the proceeds as monies held on trust for and behalf of Lucky 44.
Prices are Gross and inclusive of all taxes, state and federal.
Unless otherwise agreed in writing, the price charged for the Goods shall be the price ruling as determined by Lucky 44 at the date of delivery. Any price indications or price lists are subject to alteration in accordance with the price ruling at that date.
Where a transaction Tax, including a goods and services tax (GST) and any transaction taxes that come into existence after the date at the Conditions of Sale, applies to any supply made under these Conditions of Sale. Lucky 44 may recover from the Customer an additional amount of that transaction tax. Lucky 44 will not remove GST from any items shipped domestically, or internationally. The customer holds responsibility to claim a GST refund if required/eligible.
9. Force Majeure
Deliveries may be totally or partially suspended by Lucky 44 during any period in which Lucky 44 may be prevented or hindered from manufacture, delivery or supply through any circumstances outside Lucky 44’s control, including but not limited to strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, equipment, facilities or services, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network. Lucky 44 shall not incur liability to the Customer in respect of such suspension.