MAESTRO ARTS PTY. LTD. TERMS AND CONDITIONS OF DISCOUNTED SUPPLY

Amended 10th January, 2011.

1) The applicant must be an authorised representative of the nominated organisation, and the facility for discounted purchasing is provided for the exclusive use of the applicant or their legally authorised agent.

2) Discounts and subsidised price offers are granted solely at our discretion and may be amended, terminated or refused for any reason whatsoever and without prior notice. Your membership level - and our pricing within each level - are subject to regular review and to change without notice.

3) Our decision to grant you discounted purchasing is based upon a number of criteria and requires that you provide honest and accurate information in your application. However, this should no be interpreted to suggest exclusive supply. We employ a variety of distribution strategies and may extend various discounted purchasing or alternate reselling, promotional and/ or referral options to any individuals or organisations at our discretion.

4) We reserve the right to sell directly, and without restriction, to any end-user or intermediate supplier of our products regardless of the source of their original purchase or referral. Our product packaging, labelling and included materials may contain promotional materials and direct purchasing information.

5) Under no circumstances may any intermediate purchaser alter or remove (or permit any other party to alter or remove) any labelling or packaging from any products prior to distribution to the end-user of the product.

6) Under no circumstances may our intellectual assets, including (but not limited to) our trademarks and registered trademarks and all images and other copyright works, be reproduced in whole or part, or utilised in any manner whatsoever without our express written consent. This agreement is intended to grant approved intermediate purchasers consent to display our products in a manner which does not misrepresent, diminish or devalue said products or the aforementioned intellectual assets, and to sell and/ or distribute such products to end-use customers. No additional rights should be inferred without firstly obtaining our express written consent.

7) Under no circumstances may you sell, or list for sale, our products online by way of freestanding e-Commerce stores, auction sites, shopping malls, social networking sites, or any other online medium. Under no circumstances may our product images or other intellectual assets be displayed online without our express written consent. A failure to comply with this condition will result in the termination of your reseller agreement with us and may also result in legal action being taken against you.

8) Under no circumstances may you hold yourself out to be anything other than a stockist, independent distributor or reseller of our products (for example, it is expressly prohibited for you to suggest that you act in the capacity of an agent or representative of our company or businesses, or that you have any authority whatsoever to bind our company, associated businesses, officers and/ or agents to any action and/ or agreement with respect to a third party).

10) You assume full legal responsibility for your activities (including a failure to undertake the required activities) related to the promotion, reselling and/ or distribution of our products and agree to indemnify and hold harmless Maestro Arts Pty. Ltd. and associated companies, and all officers and agents, from any claims or liabilities that may arise by way of contract or under common or statutory law.

11) Our “Terms and Conditions of Discounted Supply” are to be read in conjunction with our “General Terms and Conditions of Use/ Supply” which follow.

MAESTRO ARTS PTY. LTD. GENERAL TERMS AND CONDITIONS OF USE/ SUPPLY

Amended 10th January, 2011.

Payment

1) Orders are released for dispatch only upon receipt of cleared payment in full, including all postage charges.
2) All costs associated with dishonoured payments and/ or recovery action are borne by the purchaser.
3) We are under no obligation to supply the displayed items at the prices indicated (although we will, of course, immediately refund your payment if we are unable to, or otherwise elect not to, fulfil your order).

Shipment

4) We aim to dispatch in-stock items within 2-3 working days of receipt of payment. Please allow longer for larger orders. Unfortunately, however, delivery dates are contingent upon a number of factors outside of our control and we can’t therefore accept responsibility for delays. We will, however, endeavour to keep you informed at all times as to the progress of your order.
5) We do not routinely handle order-ins, nor do we place items on back-order except by arrangement. In the event that an item is not in stock, we will cancel your order and notify you by e-mail. If your order is available in part, we will process only those items that are available. If your payment has been processed we will, of course, refund where appropriate. We may also arrange with you for an item to be placed on back-order.
6) Prices are displayed net shipping, and postal charges will be added to your order during the checkout process. Shipping is calculated on the basis of order weight and postcode - a shipping estimator is available from the shopping cart pages. We generally ship by way of Australia Post parcel post - however, we may elect to utilise an alternative carrier without prior notice. Our shopping cart currently supports regular parcel post or registered post options, and express post can be arranged.
7) The deposit of goods with our nominated carrier for shipment constitutes supply for the purposes of this agreement, and, as a consequence, we accept no responsibility for loss of, or damage to, goods in transit. Similarly, the costs of, and sole responsibility for, transit insurance rests with the purchaser. Purchasers are advised to use registered post (which provides limited cover), and may contact us to arrange for additional transit insurance if required.

Refunds

8) We will happily refund or exchange (if available) if you are not 100% satisfied, provided that items are returned to us within 14 days in unused, original and resaleable condition. All associated freight charges are borne by the purchaser, and refunds are issued net of postage & handling costs. Our sizing guides and advice are to be taken as recommendations only and, although we are happy to refund or exchange if there are sizing difficulties, the provision of such advice by us does not negate the purchaser's responsibility for the costs associated with such exchange or refund.

General

9) The purchaser agrees to indemnify and hold harmless Maestro Arts Pty. Ltd. and associated companies, and all officers and agents, from any liabilities that may arise from activities associated with the supply, or failure to supply, goods or services and/or from the use of the company's web site/s and/ or credit card payment facilities. If you do not understand and accept the risks, you should leave this website immediately (taking care to firstly log-out from your log-in account with us if applicable).
10) We accept no responsibility for the third party websites and services (including PayPal or other payment processors) to which we link.
11) These terms and conditions should not be construed as to limit any other rights that we possess by way of contract or under common or statutory law. Where any provision of this agreement purports to exclude, restrict or modify any provisions of the Trade Practices Act 1974 as amended or any other statute which by reason of such statute cannot be excluded, restricted or modified, then such provision shall be deemed to be severed and deleted from the agreement, and the remainder of the agreement shall continue in force as though such provision had never been incorporated within the terms of the agreement.
12) Your request for supply/ request for goods or services, and/ or use of the company's websites, is deemed to indicate your acceptance of these terms and conditions.
13) Our “General Terms and Conditions of Use/ Supply” are subject to change without notice. The most current versions will be displayed on our website or can be obtained by contacting us.
14) Additional "Terms and Conditions of Discounted Supply" apply to resellers and wholesale customers. Please contact us for a copy of these if applicable to your situation.
15) You must be at least 18 years of age, or have the permission of a parent or legal guardian, in order to purchase from us.