Wholesale Registration

Customer Details

We would love to explore the possibility of becoming a valued whole customer. Please consider the following criteria to be an eligible KySienn Stockist.

  • A retail premises with shop frontage
  • External signage illustrating the presence of a dancewear store or stockist to the community
  • Sufficient distance from a already existing KySienn stockist.

Terms and Conditions

The following terms and conditions are deemed to have been agreed to and accepted by customers, upon placement of any orders for the delivery/supply of gooods by KySienn.

$200 min order is preferred as a first order. Please discuss with Kysienn to meet your requirements.

Payment

Goods will be supplied on a COD basis unless other terms are agreed upon.

GST

10% GST will be applied to your final cart.

How to Order

Email sales@kysienn.com, call Paulla on 0414593562. Or use our online shop to complete you purchase.

A notification of you Wholesale Account Status will be emailed to you with your username.

By signing into your account you will see all the prices in wholesale once your account has been verified.

Delivery

Within Australia
Orders will be dispatched within 24 hours of receiving.
Standard post : flat fee of $15 for any order.
Express post: Charged on application

Overseas
Orders will be dispatched witin 24 hours of receiving
Delivery price will be calculated by AusPost as part of the weight of parcel

Return of Goods

Goods will only be accepted for credit if returned within 7 days of invoice date, otherwise no liability can be accepted. Any freight charges that are not the responsibility of KySienn will be charged to the customer.

APPLY FOR THE KYSIENN WHOLESALE ACCOUNT

I/We shall be responsible to KySienn for the due payment on or before the due due of a strictly 7 day account. KySienn reserves the right to take possession of and dispose of goods supplied as it sees fit at any time until full payment has been made. I/We hereby grant permission to Kysienn to enter upon our premises in order to do so.

By Signing the above you agree to the following.

THIS AGREEMENT IS BETWEEN:

 t/as Kysienn Accessories [ ABN 73461172260 ] (“Business name” “us”/ “we”)

 And:

 The Customer as further described in the Schedule (“the Customer/you/your ”)

 

  1. WHY DO WE HAVE THIS AGREEMENT?
    • We have this Agreement to formalise the terms and conditions upon which we will be providing our Products to you.
    • This Agreement starts on the Commencement Date and continues for the Term, unless terminated in accordance with clause 9. We may, at our sole discretion renew this Agreement for a further Term provided we receive 30 days prior written notice.

 

  1. ORDERS
    • After receipt of an Order Form we will supply the Order;
      • with due care, skill and diligence;
      • in accordance with the standard of performance considered acceptable by industry standards; and
      • in accordance with all relevant legislation, regulations and requirements of authorities at the time.
    • We warrant that the Products supplied comply with the Australian Consumer Law, and that we have clear title to the Products free of any encumbrances.
    • To the extent permitted by law, we give no further warranties, including the timeliness of deliveries or any warranties in relation to the accuracy or reliability of any advice or information in relation to the Products.
    • Each Order must be for a minimum of $200 worth of Product.
    • Each Order you send us signifies acceptance by you of the terms and conditions in this Agreement, and the most recent quotes, price lists and delivery charges we have provided to you.
    • You represent and warrant that:
      • all information you provide is true, correct, current and up- to date;
      • you will respond promptly to any of our requests for further information;
      • the Customer Representative has full authority to make all your decisions related to the Services.
    • We may, in our absolute discretion, refuse to fulfil an Order where the Products are unavailable, your credit limit is exceeded or previous payments have not been received.

 

  1. DELIVERY
    • Risk in the Products passes to you immediately upon delivery at the Delivery Address.
    • Property and title in the Products does not pass to you until all money owing to us has been fully paid. Where Products are supplied by us to you without payment in full, you are a bailee of the Products until property in them passes to you.
    • You further agree that you:
      • must not mix or combine the Products supplied by us with other Products which are held by you;
      • must not allow any person to have or acquire any security interest in the Products;
      • grant us an irrevocable licence to enter your premises in order to recover possession of Products, if payment is not made within 7 days; and
      • irrevocably appoint us to be your attorney to do all acts and things necessary to ensure the retention of title to Products including the registration of any security interest in favour of us with respect to the Products under the PPS law.
    • If our security position or obligations under these terms will be adversely affected by any PPS law, we may cancel this Agreement, and all monies becomes due and payable.
    • All our delivery dates are estimates and we will endeavour to deliver the Product within a reasonable time. In the event that we are unable to fulfil an Order or to meet a delivery date as set out in an order, we will notify you of the new delivery date in writing.

  

  1. VARIATIONS AND CANCELLATIONS
    • You may request that an Order be varied by providing us with a request in writing. Any variations are at our sole discretion and will be subject to Additional Charges.
    • Once placed, an Order cannot be cancelled without our prior written consent.
    • To the extent permitted by law, any refunds for any cancellations of an Order are at our absolute discretion, and any Additional Charges will remain payable.
    • We do not provide refunds for your change of mind, where you fail to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.  

 

  1. THE FEES YOU NEED TO PAY
    • We will invoice you for each Order prior to providing the Products, and our invoices are due within 7
    • Where you provide incorrect or inadequate information, where you delay in providing information, and where you  vary or cancel an Order, we may impose Additional Charges. 
    • Interest will be charged on any unpaid invoices at the rate of Interest rate 12% per annum. Any legal collection fees that are incurred will be charged to you.

 

  1. ACCEPTANCE
    • Where you fail to advise us in writing of any fault in the Products, or a failure of the Products to accord with your Order within 48 hours of delivery, you are deemed to have accepted the Products; that they are not faulty and that they accord with your Order. All returns must be sent back to us within 3 days of receipt.
    • You are not entitled to retain any money owing to us notwithstanding any default or alleged default by us of this Agreement, including, but not limited to, the supply of allegedly faulty or defective Products, or a delay in the provision of Products.
    • Nothing in this paragraph affects your rights for any alleged failure of a guarantee under the Australian Consumer Law.

 

  1. PUBLICITY
    • Where you provide us with your customer’s photograph and/or video or testimonial, you warrant that you have the appropriate consents from the relevant customer pursuant to the Copyright Act 1968 for us to use the material for marketing and information purposes, or publications, exhibitions and professional awards.
    • You must seek our prior written consent before any publication of information about us. 

 

  1. LIMITED LIABILITY AND INDEMNITY
    • The terms in this Agreement that exclude or limit our liability will apply only to the extent permitted by law. Provisions of the Australian Consumer Law and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent.
    • This Agreement must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which we are entitled to do so, our liability under those statutory provisions will be limited, at our option to:-
      • the replacement of the goods or services or the supply of equivalent services; or
      • the payment of the cost of replacing the goods or services or of acquiring equivalent goods and/or services.
    • You agree and acknowledge that we are not liable for any Loss or damage which may result from the supply of Products, any Product defects, timeliness of deliveries, reliance on information or any failure to provide Products. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our services.
    • In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
    • You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any cancellation of an Order, any conduct by you in using our services, and any third party claims, and any claims which occur as a result of us entering your premises.

 

  1. EVENT OF DEFAULT
    • Where an event of default occurs, we may at our election not terminate this Agreement, but terminate any or all Orders, any credit, and refuse to deliver Products or provide further Products and\or repossess any Products.
    • Upon the occurrence of an event of default all invoices become immediately due and payable.

 

  1. FORCE MAJEURE
    • Where there is a Force Majeure event that hinder the provision of Products, we may suspend or terminate this agreement.
    • Force Majeure Event means any event beyond our reasonable control including, but not limited to any , including but not limited to an act of God, such as fires, earthquakes, floods; war or hostilities, riot, strikes, disorder or acts or threats of terrorism.

 

  1. TERMINATION
    • We may terminate this Agreement by giving you 30 days prior written notice.
    • You may terminate this Agreement by giving us 90 days prior written notice. 
    • We may also immediately terminate this Agreement where you breach this Agreement, or commit an act of bankruptcy. 
    • Upon termination, for any reason, you must pay to us all accrued fees and owing up to the date of termination, and all return all information. Clause 7,8,9, 10 and 12 survive termination of this Agreement.

 

  1. IF THERE IS A DISPUTE
    • If at any time we disagree on the subject matter of this Agreement you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
    • If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
    • In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

  1. THE GOVERNING LAW AND OTHER MATTERS
    • This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter.
    • This Agreement may not be modified or amended except in writing signed by both parties.
    • If any Products have been provided by us before the data of signing of this Agreement, the parties agree that this Agreement applies retrospectively.
    • The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision.
    • In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.
    • This Agreement must not be transferred or assigned without the prior written consent of the other party.
    • This Agreement is governed by the laws from time to time in force in the state of NSWBoth parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.

 DEFINITIONS:

“Additional Charges” means any charge for additional work performed at your request or reasonably required as a result of your conduct, and any expenses incurred by us at your request, including but not limited to any storage costs, courier, packaging and handling costs and government charges and taxes . 

“Agreement” means these terms and conditions, and the Schedule including any product and price lists.

”Australian Consumer Law” means the Competition and Consumer Act 2010 Schedule 2.

“Claim” means any claim under statute, tort, contract or negligence, any demand, awards or costs.

“Commencement Date” means the date this Agreement is signed or the date that the services commenced, whichever is the earlier, and is described in the Schedule.

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.

“Loss or damage” means any direct, indirect, consequential or incidental loss or damage.

“Order Form” means the order email you provide to us which includes the required Product and quantity, emailed to sales@kysienn.com;

“Our Representatives” means any of the our directors, officers, employees, independent contractors, agents, consultants, advisors, and other representatives.

“PPS Law” means the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the “PPS Act” (each as amended from time to time); and any amendment made at any time to any other legislation as a consequence of a PPS Law.

“Product” means the Products in the product and price list we provide to you and includes any updated lists we provide you from time to time.

“Prices” means the prices for the Product in the price list we provide to you and includes any updated prices and delivery costs we provide to you from time to time.

All other capitalised terms are defined in the Schedule.