Payment and Account Terms and Conditions

Payment of an invoice issued in any particular month on a wholesale
account is due on or before the 20th day of the following month.

By opening a wholesale account with us you consent to being liable for
any enforcement costs and/or debt collection costs incurred by us in
recovering the debt owed by you.

At our complete discretion, a late payment interest rate of 3% p.a. may
be added to an overdue payment for the period between the due date
and the date of actual payment.

Our minimum order value is $350 (excluding delivery/freight costs).

Payment Options

We prefer payment by Direct Credit.

We may, at our discretion, accept other means of payment.

Delivery / Freight

Delivery/freight costs are calculated after the order has been packed,
based on its weight and destination.

Delivery/freight is charged to you and is added to the invoice.

General Terms and Conditions

1. DEFINITIONS

1.1 “Sensory Corner” means The Sensory Corner Limited, or any of its
agents or employees.
1.2 “Customer” means a customer of Sensory Corner, any person acting
on behalf of and with the authority of the customer, or any person
purchasing goods from Sensory Corner.
1.3 “Goods” means all goods and services provided by Sensory Corner to
the Customer (including without limitation the importing and the supply of
goods by Sensory Corner to the Customer).
1.4 “Price” means the cost of the Goods as agreed between Sensory
Corner and the Customer, as detailed below.

2. ACCEPTANCE

2.1 Any instruction received by Sensory Corner from the Customer for the
supply of Goods constitutes a binding contract and acceptance by the
Customer of these terms and conditions.

3. COLLECTION & USE OF INFORMATION

3.1 The Customer authorises Sensory Corner to collect, retain and use
any information about the Customer, including without limitation for the
purpose of assisting Sensory Corner to assess the Customer’s credit
worthiness, or enforcing any rights under this contract, or marketing any
Goods provided by Sensory Corner to any other party.
3.2 The Customer authorises Sensory Corner to disclose any information
obtained to any person for the purposes set out in Clause 3.1.
3.3 Where the customer is a natural person the authorities under Clauses
3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act
2020.

4. PRICE

4.1 Where no price is stated in writing or agreed to orally, the Goods
must be sold at the current retail amount sold by Sensory Corner at the
time of the purchase by the Customer.
4.2 The price in Clause 4.1 may, prior to the delivery of the Goods to the
Customer, be increased by the amount of any reasonable increase in the
cost of supply of the Goods that is beyond the control of Sensory Corner,
and the Customer agrees to that price increase provided Sensory Corner
notifies the Customer of the price increase promptly.
4.3 The price is exclusive of GST and freight, all of which will be an
additional charge to the Customer.

5. QUOTATION

5.1 Where a price quotation is given by Sensory Corner for Goods:
(a) the quotation will be valid for thirty (30) days from the date of
issue; and
(b) the quotation will be exclusive of GST and delivery/freight
unless specifically stated to the contrary.

6. RISK

6.1 The Goods remain at Sensory Corner’s risk until delivery to the
Customer.
6.2 Delivery of Goods is deemed complete when Sensory Corner gives
possession of the Goods directly to the Customer or possession of the
Goods is given to a carrier, courier or other carrier for purposes of delivery
to the Customer.
6.3 The time of delivery must not be an essential term of this contract
unless the Customer gives written notice indicating delivery by a specific
time is essential.

7. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT
1999)

7.1 Title in any Goods supplied by Sensory Corner passes to the Customer
only when the Customer has made payment in full for all Goods provided
by Sensory Corner and of all other sums due to Sensory Corner by the
Customer on any account whatsoever. Until all sums due to Sensory
Corner by the Customer have been paid in full, Sensory Corner retains
ownership of the Goods.
7.2 The Customer gives irrevocable authority to Sensory Corner to enter
any premises occupied by the Customer or on which Goods are situated at
any reasonable time after default by the Customer, or before default if
Sensory Corner believes a default is likely, to remove and repossess any
Goods and any other property to which Goods are attached or in which
Goods are incorporated. Sensory Corner shall not be liable for any costs,
damages, expenses or losses incurred by the Customer or any third party
as a result of this action, nor liable in contract or otherwise in any way
whatsoever unless by statute such liability cannot be excluded. Sensory
Corner may either resell any repossessed Goods and credit the Customer’s
account with the net proceeds of sale (after deduction of all repossession,
storage, selling and other costs) or may retain any repossessed Goods and
credit the Customer’s account with the invoice value thereof less such sum
as Sensory Corner reasonably determines on account of wear and tear,
depreciation, obsolescence, loss or profit and costs.
7.3 Where Goods are retained by Sensory Corner pursuant to Clause 7.2
the Customer waives the right to receive notice under section 120 of the
Personal Property Securities Act 1999 (PPSA) and to object under section
121 of the PPSA.
7.4 Any of the following shall constitute a default by the Customer:

• (a) Non-payment of any sum by its due date.
• (b) The Customer indicates that it will not pay any sum by its due date.
• (c) Any Goods are seized by any other creditor of the Customer or any other creditor indicates that it intends to seize Goods.
• (d) Any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to Sensory Corner remains unpaid.
• (e) The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distains against any of the Customer’s assets.
• (f) A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
• (g) Any material adverse change in the financial position of the Customer.

8. PAYMENT ALLOCATION

8.1 Sensory Corner may in its discretion allocate any payment received
from the Customer towards any invoice that Sensory Corner determines
and may do so at the time of receipt or at any time afterwards and on
default by the Customer may reallocate any payments previously received
and allocated. In the absence of any payment allocation by Sensory
Corner, payment must be allocated in such manner as preserves the
maximum value of Sensory Corner’s security interest in the Goods.

9. DISPUTES AND RETURN OF GOODS

9.1 No claim by a Customer relating to the Goods will be considered by
Sensory Corner unless made within seven (7) days of delivery of the
Goods to the Customer.
9.2 Any Goods accepted by Sensory Corner for return, must be returned to
Sensory Corner in an “as new” condition within seven (7) days of Sensory
Corner agreeing to their return. Return delivery/freight costs are the
Customer’s responsibility. No Goods will be accepted for return without
prior approval of Sensory Corner.
9.3 A credit for Goods returned by a Customer will only take place once
those Goods have actually been returned.

10. LIABILITY

10.1 The Fair Trading Act 1986 and other statutes may imply warranties or
conditions or impose obligations upon Sensory Corner which cannot by law
(or which can only to a limited extent by law) be excluded or modified. In
respect of any such implied warranties, conditions or terms imposed on
Sensory Corner, Sensory Corner’s liability will, where it is allowed, be
excluded or if not able to be excluded only apply to the minimum extent
required by the relevant statute.
10.2 Except as otherwise provided by Clause 10.1 Sensory Corner will not
be liable for any loss or damage of any kind whatsoever including
consequential loss whether suffered or incurred by the Customer or
another person and whether in contract or otherwise, and whether such
loss or damage arises directly or indirectly from goods provided by Sensory
Corner to the Customer.
10.3 The Customer must indemnify Sensory Corner against all claims and
loss of any kind whatsoever however caused or arising brought by any
person in connection with any Goods.
10.4 Sensory Corner will not be liable in any way for any direct or
consequential loss arising from late delivery or failure to provide Goods
promptly.

11. CONSUMER GUARANTEES ACT

11.1 The guarantees contained in the Consumer Guarantees Act 1993 are
excluded where the Customer acquires Goods from Sensory Corner for the
purposes of a business in terms of Section 2 and 43 of that Act.

12. CANCELLATION

12.1 Without limiting any other right it has under this contract, or at law,
Sensory Corner may by notice cancel in whole or in part any contract for
the supply of Goods to the Customer if the Customer fails to pay any
money owing by the due date or the Customer becomes insolvent.
12.2 Any cancellation of this contract will not affect a claim for money due
at the time of cancellation, or for damages for any breach of any terms of
this contract, or the Customer’s obligations to under this contract.

13. MISCELLANEOUS

13.1 Sensory Corner will not be liable for delay or failure to perform its
obligation under this contract if the cause of the delay or failure is beyond
its control.
13.2 If any provision of this contract becomes invalid, void, illegal or
unenforceable the validity existence, legality and enforceability of the
remaining provisions will not be affected, prejudiced or impaired.
13.3 The sale of the Goods to the Customer is on a non-exclusive basis
and Sensory Corner has the right to sell the Goods to other parties at such
prices and on such terms of sale as Sensory Corner may determine in its
absolute discretion on each occasion.

14. NO ADVICE

14.1 Sensory Corner does not provide advice of any kind in relation to the
Goods, and no interaction between Sensory Corner and the Customer will
be construed as the giving of advice by Sensory Corner to the Customer
(or the ultimate customer of the Customer)