Terms & Conditions

Terms & Conditions

Customers seeking to open a Wholesale trading account with Interknit Pty Ltd, trading as Interknit Branberry, can complete the attached form to begin the process of opening an account.

The below form can be downloaded, completed, and forwarded to the email address listed on the form. Once approved, you will be assigned a Wholesale customer number and forwarded a username and password to access our B2B website.

 Customer Application Form

General Terms & Conditions

GENERAL

For Interknit Pty Ltd trading as Interknit Branberry. Definition “Interknit Branberry” means Interknit Pty Ltd trading as Interknit Branberry. “Customer” means the person(s), individual, sole traders, company, or any of its principals or employees, organisation, club, business, school, government department or other ordering the goods the subject of this contract.” Goods ” means the goods supplied by Interknit Pty Ltd trading as Interknit Branberry. Reference to “website” means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

If you do not accept these Terms, you must refrain from using this website.

We may, from time to time, add or remove information, products or services from this website without notice. We reserve the right to amend these Terms at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

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ORDERS RECEIVED

Orders shall only be processed by Interknit Pty Ltd trading as Interknit Branberry on the basis of payment of the order being made at the time the order is processed.

Interknit Pty Ltd trading as Interknit Branberry has the sole legal right to determine to refund , back order or supply new or replacement items on any order that is delivered with missing or incorrect items.

Interknit Pty Ltd trading as Interknit Branberry will always endeavour to deliver all goods as requested on time but are not responsible or legally liable for any delays in delivery to the Customer.

If goods are ordered in specially for an order no returns, changes or cancellations will be accepted.

INTELLECTUAL PROPERTY

This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Interknit Branberry. These intellectual property rights are protected by Australian and international laws.

You may view our website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company, or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

MODIFICATION OF LABELS

You may not, without the written consent of Interknit Pty Ltd trading as Interknit Branberry, alter, remove or obliterate any labels which we attach to our goods.

You may not wrongly attribute the manufacturer as any company or place other than Interknit Pty Ltd located in Ballarat, Australia.

OTHER WEBSITES

Our website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained.

We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or of any information, products or services referred to on those third party websites unless expressly stated.

You link to these websites at your own risk and should make your own inquiries as to the privacy policies of these third parties.

We are not responsible for information on, or the privacy practices of, such websites.

CHANGES & CANCELLATIONS

If the ordered quantity or product from the Customer is altered after quoting, the price is subject to  change.

All costs involved in production of an order will be charged if the order is cancelled. This includes any Paypal fees as paid by Interknit Branberry .

If order is already in production it cannot be changed in any way or be cancelled.

If goods are ordered specially and manufactured to customer specifications and supplied to these specifications the above mentioned goods cannot be returned for credit.

Interknit Pty Ltd trading as Interknit Branberry reserves the right to adjust or amend prices in accordance with any alteration of changes to tax legislated by the Australian Government.

Pastel Mint Green and White Striped Garter Blanket, a gender-neutral choice, made from a luxurious blend of cotton and wool. Baby playfully moving legs in a bassinet, with the blanket messily draped over, showcasing its cosiness.

SECURE DATA

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately.

PRIVACY POLICY

If we collect your personal information, we do so in accordance with our Privacy Policy available on this website. The Privacy Policy explains how we manage your personal information in accordance with the National Privacy Principles in the Privacy Act 1988.

CLERICAL ERRORS

Clerical errors are subject to correction without notifications.

PRICES, PRODUCTS & SERVICES

Prices shown on any Interknit Pty Ltd trading as Interknit Branberry web site(s), printed materials or quotes for goods, branding, freight and additional charges are subject to change without notice and goods will be invoiced at the price ruling at the date of dispatch.

Interknit Pty Ltd trading as Interknit Branberry reserves the right to adjust the final invoice to include freight expense and any additional fees not shown on this site.

All endeavours will be made by Interknit Pty Ltd trading as Interknit Branberry to keep the prices current.

All trademarks shown on any product is the property of their respective owners.

Prices of goods described on this website and offered for sale by Interknit Branberry staff or stores may be higher than prices in this website.

PAYMENT TERMS

Payment is required prior to any orders being processed or dispatched unless in writing from Interknit Pty Ltd trading as Interknit Branberry in the form of Credit Application Approval.

The Customer must pay for goods supplied according to payment terms on this website. All deliveries may be suspended or held should these terms not be met at any time.

Interknit Pty Ltd trading as Interknit Branberry payment terms are that payment shall be made by the Customer to Interknit Pty Ltd trading as Interknit Branberry for all goods, branding and freight before dispatch or unless dispatched on goodwill by the Interknit Pty Ltd trading as Interknit Branberry, or that the Customers annual spending is significant enough to permit credit terms being provided to the Customer.

Should goods be dispatched to the Customer on goodwill, the Customer agrees to pay the invoice in full within 7 days or return the items within the same time period of 7 days. Should the Customer not return the sent goods on goodwill within 7 days, the Customer is therefore deemed to have accepted the goods and payment in full is expected immediately.

CLEARANCE STOCK

Discontinued or Clearance stock items are not eligible for return under any circumstances.

If you do not accept these Terms, you must refrain from using this website.

RISK

Risk in the goods shall pass to the Customer at the date of dispatch and the Customer shall if deemed necessary insure all goods that are at its risk.

Interknit Pty Ltd trading as Interknit Branberry accepts no risk liability on any order sent to a third party, such as an embroidery, or printing business.

PRODUCT WARRANTY

All products advertised or displayed on this site are subject to the manufacturer’s warranty. The term of this warranty is subject to the individual manufacturer where the manufacturer is not Interknit Pty Ltd.

Interknit Pty Ltd trading as Interknit Branberry are resellers of some products on behalf of the manufacturer and do not take any responsibility for the performance of these products.

In the case of apparel, if there is a problem within the first 30 days of purchase the customer must send back the garment(s) and all packaging to Interknit Pty Ltd trading as Interknit Branberry so that the garment(s) can be assessed or sent back to the appropriate manufacturer or service centre to be assessed.

Once assessed, if the garment(s) is determined to have manufacturers fault it will be repaired under warranty.

If the garment(s) is determined to have a fault caused by the customer, return costs will apply. A repair may be offered if possible and the cost of the repair is to be paid by the customer.

GARMENT QUALITY

Garment material may differ from time to time in weight and colour. This is considered the norm according to international standards as colours may slightly vary due to seasonal influences.

Material will always exceed advertised weight, but weight variance is common and acceptable.

Interknit Pty Ltd trading as Interknit Branberry cannot take any responsibility for garments that appear slightly different as this is acceptable to a degree.

GARMENT SIZING

When the Customer clicks “Accept” on the web site during the ordering process, you are stating that you have read the terms and conditions and fully understand our terms and accept them. Including descriptions of garment sizing specific for each product.

At no time is Interknit Pty Ltd trading as Interknit Branberry responsible for customers failing to operate within these terms.

If you do not accept these Terms, you must refrain from using this website

Pebble (Beige) and White Garter Stripe Baby Blanket, a serene color choice, made from a luxurious blend of cotton and wool. Baby boy plays happily with a red car toy on the floor, the blanket laid flat for his joyful exploration.

DISCLAIMER

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website.

To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability, or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.

You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Trade Practices Act 1974.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

We make no representations that the content of this website complies with the laws of any country outside Australia.

These terms and conditions of sale shall apply to the exclusion of all other, including any terms and conditions of Customer whether on Customers order form or otherwise.

The only contractual terms which are binding upon Interknit Pty Ltd trading as Interknit Branberry are those set forth herein or otherwise agreed to in writing by Interknit Pty Ltd trading as Interknit Branberry and those which are imposed and cannot be excluded by law.

All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on Interknit Pty Ltd trading as Interknit Branberry are to the extent permitted by law hereby expressly excluded and negated.

ACCEPTANCE OF TERMS FOR ONLINE ORDERS

When the Customer clicks “Accept” to our Terms & Conditions on the web site during the ordering process, you are stating that you have read the terms and conditions and fully understand our terms and accept them.

At no time is Interknit Pty Ltd trading as Interknit Branberry responsible for customers failing to operate within these terms.

If you do not accept these Terms, you must refrain from using this website.

DELIVERY

Interknit Pty Ltd trading as Interknit Branberry will endeavor to deliver within the time so specified but in no circumstances will Interknit Pty Ltd trading as Interknit Branberry be liable for any loss or damage of any kind whatsoever caused directly by and delay in or failure of delivery.

In the event of any delivery of service to be made by Interknit Pty Ltd trading as Interknit Branberry being delayed by floods, war, accident, fire, perils of the sea or river, transport delays, influx of orders, failure of manufacturers of other suppliers to Interknit Pty Ltd trading as Interknit Branberry or any other cause of contingency ceases to affect the same Interknit Pty Ltd trading as Interknit Branberry will not be responsible for consequences of any delay in delivery resulting from any cause or contingency.

Garment decoration T&C's

SMALL ORDERS REQUIRING BRANDING

Yes we do permit customers to order less than 10 units with embroidery, however all orders requiring embroidery will be charged a small order fee.

This Small Order Fee will be manually added to your order once the order has been received by us.

BACK ORDERS

Should our supplier notify us of a back order on a product that has been ordered by our Customer, we will notify the customer of the Expected Date for new stock to arrive.

It will then be up to the customer to cancel the back order and re-order an alternative style if this date does not suit their needs.

URGENT ORDERS

Interknit Pty Ltd trading as Interknit Branberry is at times able to carry out urgent orders, but any additional expenses will be passed on to the Customer for payment before the order can be processed.

Interknit Pty Ltd is not in any way legally liable for any goods not arriving at any destination on a due date.

CLIENTS OWN GARMENTS FOR BRANDING

Should a customer bring to us their own garments for us to brand, it is on the following conditions;

  • Only brand-new garments OR freshly laundered garments in good condition will be accepted for branding.
  • All garments must be unpackaged before arriving to be embroidered. An unpacking per garment fee will be charged otherwise and includes disposal of packaging.
  • Interknit Pty Ltd trading as Interknit Branberry will take no responsibility for the end result as we can not guarantee branding onto fabrics or garments that we are not experienced with nor familiar with.
  •  Interknit Pty Ltd trading as Interknit Branberry will not replace any garment not supplied by us under any circumstance.

RESERVATION OF TITLE

Notwithstanding that Risk in the goods shall pass to the account holder Customer as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with Interknit Pty Ltd trading as Interknit Branberry absolutely, until the whole of the monies due under the invoice are paid for in full.

Unless Interknit Pty Ltd trading as Interknit Branberry shall otherwise specify in writing, each item sold by Interknit Pty Ltd trading as Interknit Branberry to the Customer shall be and remain the property of Interknit Pty Ltd trading as Interknit Branberry until the Customer has paid all that is owing to Interknit Pty Ltd trading as Interknit Branberry for the goods.

Until the date of payment the Customer is required to store the goods in such a way that it is clearly the property of Interknit Pty Ltd trading as Interknit Branberry .

Should the Customer default in payment, by adopting whatever lawful means may be necessary where ever such goods may be located and Interknit Pty Ltd trading as Interknit Branberry shall have the right themselves or by their servants, employees, agents, or authorized representatives to enter the Customers premises and retake possession of and permanently retain any unpaid goods and revoke all liability of Interknit Pty Ltd trading as Interknit Branberry to the Customer on the sale and delivery of such goods.

The account Customer hereby acknowledges that Interknit Pty Ltd trading as Interknit Branberry have a lien over all goods in possession of the account holder Customer which belong to and are owned by the account holder Customer to secure payment of any monies due to the suppliers. In the event of resale of the goods, including any mixed goods, by the Customer to a third person, all goods are sold as agents of Interknit Pty Ltd trading as Interknit Branberry and the Customer shall account to Interknit Pty Ltd trading as Interknit Branberry for any money received.

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