1. Introduction

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the wholesale.wildfireoil.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Wildfire International Pty Ltd as trustee for the Wildfire Oils Unit Trust (doing business as “Wildfire International”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Wildfire International, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

2. Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

3. Wholesale Terms of Trade

When purchasing goods for re-sale from Wildfire International, please note;

1. The minimum wholesale order is $250.00 exclusive of GST and freight.
2. Minimum quantity requirements may also apply to some products.
3. All items on this website are subject to GST.
4. All prices on this website are exclusive of GST.
5. Goods remain the legal property of Wildfire International until paid in full.
6. Prices are subject to change without notice.
7. The sale of goods is subject to our standard Wholesale Terms of Trade as detailed below.

4. Terms

The following references will be accepted as:

1. Supplier, Wildfire International, our, us or we refers to Wildfire International Pty Ltd as trustee for the Wildfire Oils Unit Trust ABN 56 552 478 779.
2. Applicant, Buyer, Customer, Client, you and your refers to the person/s as nominated on the Account Application document/Invoice/Statement/Web order.
3. Goods refer to the supplier’s goods or services provided by Wildfire International and invoiced (charged) to the Applicant.

5. Our Offer to Trade

This agreement sets out the respective rights and obligations of you and Wildfire International on approval of a trading Account by us.

1. New Customers are all C.O.D (pre-payment). Pre-payment invoices may be paid by EFT (Direct Deposit), credit card, PayPal and are required before an order will be dispatched.
2. Accounts for existing pre-approved customers are strictly 30 days from invoice. Accounts are subject to approval.
3. The Applicant understands that all or part of or in part of this Agreement may be deleted, altered and/or inclusions made without your prior consent and/or notification. Where practicable we will notify you, in writing prior to inception, but we are not bound by this Agreement to do so. A new Account Application is required for any change to your business ownership or business structure. Wildfire International may reject or refuse to accept an Account Application form without notifying cause or reason.

6. Pricing and G.S.T

All prices are subject to change without notice. Please refer to your invoice or our website for current pricing.Our price lists and wholesale brochures should be used as a guide only. Prices are quoted before freight charges and are exclusive of GST.

7. Order Acceptance and/or Refusal

We may accept or decline, in whole or in part, an order from you. Products may be sold in minimum order quantities per SKU of full cases as detailed on the web site.

7.1 Delivery Times

1. We make every effort to dispatch orders promptly. For orders received before 14:00 HOURS each business day, we aim to pack and dispatch them within 3 business days, subject to stock availability.
2. Orders received after the cut-off of 14:00 HOURS each business day, will be processed as received the following day. 
3. We operate no same day delivery option on wholesale orders. All orders are tracked and dispatched via Australia Post or various contracted courier services and a tracking link provided.
4. Please allow up to 12 days for delivery from dispatch.

7.2 Loss, Damage, or Delay

While we take utmost care to ensure the safe and timely delivery of your order, we cannot be held liable for any loss, damage, or delay caused by the shipping carrier. Any claims for damages or shortages must be notified to us within 48 hours of receipt, as specified in our Return of Goods policy.

7.3 Shipping Method

All orders will be shipped as ‘Standard Delivery’ with no signature required unless otherwise requested by you. Wildfire International will not accept responsibility for any parcel requested by you to be left unattended. If you prefer to have your parcel left at your front door or left in a specific place by Australia Post or a courier contractor – please let us know in the comments box on the shopping cart payments page or alternatively via email or phone prior to despatch of your order.  Wildfire International will not accept responsibility for any parcel requested by you to be “safe dropped”.

7.4 International Orders

For international orders, shipping charges and payment methods may vary. The only payment method available for international orders is Telegraphic Transfer or PayPal. The shipping charges will be calculated separately, and we will provide you with an invoice detailing the total order amount, including shipping charges.

8. Delivery Charges

Shipping charges are calculated based on the size and weight of your order once packed. These charges will be applied to your invoice.

8.1 Pre-Payment (COD) Clients

If you are a pre-payment (COD) client, you will need to pay the entire invoice value, including shipping charges, prior to the shipment of your order. Once payment is received and verified, we will proceed with dispatching your order.

8.2 Account Customers

For account customers, the shipping amount will be included on your invoice along with the order total. Please ensure that the shipping charges are settled as per your agreed payment terms.

8.3 Shipping Charges Vary

Shipping charges may vary depending on the shipping address provided for your location. We strive to offer competitive shipping rates, and in many cases, our charges represent only a fraction of the actual freight charge. However, please note that actual shipping costs may be influenced by factors such as distance, shipping method, and additional services requested.

8.4 Shipping Address Accuracy

It is essential to provide accurate shipping information during the ordering process. Incorrect or incomplete shipping details may lead to delivery delays or additional charges. Wildfire International will not be responsible for any consequences arising from inaccurate shipping information provided by the customer.

8.5 Shipping Charges Disclaimer

Wildfire International reserves the right to adjust shipping charges at its discretion, especially in cases where the actual freight charge significantly deviates from the calculated amount due to unforeseen circumstances or specific shipping requirements.

9. Return of Goods

Wildfire International is under no obligation to accept goods for return i.e., for replacement or credit claim, and may refuse to at our discretion and without reason.

ALL GOODS AND INVOICES MUST BE CHECKED ON ARRIVAL. ALL SHORTAGES, INCORRECT OR DAMAGED GOODS MUST BE NOTIFIED TO US WITHIN 48 HOURS OF RECEIPT, OTHERWISE CLAIMS WILL NOT BE RECOGNISED.

Goods for return will not be accepted without prior arrangements and authorised by an officer of the company. All freight charges will be on account of the buyer unless otherwise waived by us.

10. Payment Terms and Invoicing

10.1 COD Customers

For Cash on Delivery (COD) customers, an invoice will be provided with all dispatched goods. No further action is required from COD customers as payment should be made at the time of delivery to the delivery agent or representative.

10.2 Account Customers

For account customers, payment is required no later than 30 days from the invoice date. An invoice will be included with all dispatched goods. Please ensure that the invoice is settled within the specified payment terms.

10.3 Statements of Account

If there is a balance outstanding on your account beyond the due date, we will forward a Statement of Account. This statement will detail all unpaid invoices and the total amount due. Prompt attention and payment are required upon receiving the Statement of Account.

10.4 Timely Payment

Timely payment is crucial to maintaining a positive business relationship. Failure to settle outstanding invoices within the agreed-upon payment terms may result in credit facilities being suspended, and further orders may be placed on hold until payment is received.

10.5 Account when Payable

All accounts are payable strictly 30 days net from invoice date. Receipt by Wildfire International of the full amount due shall be evidence of the passing of property in the goods to which the payment relates or is determined to relate by Wildfire International if the buyer does not indicate otherwise.

10.6 Payment Methods

The Applicant acknowledges that Wildfire International accepts payments by means of:

1. Direct Deposit
2. Credit card – Visa and MasterCard
3. PayPal

10.7 How we apply Payments

We will apply payment against Accounts according to your remittance advice (where viable) or the oldest debt if no remittance advice is provided.

10.8 Late Payment Consequences

In case of late payment, at our discretion, an account service fee of 2% + GST (Minimum $5.00 + GST) will be charged on outstanding balances that are 60 days or more past the invoice date.

10.9 Account on HOLD

We may refuse to send an order where your Account falls outside your Account terms. The order may be cancelled or placed on Hold until overdue monies have been paid for. We may also, at any time request that your Account be paid down prior to any new order being sent.

10.10 Account Closure

We reserve the right to close your Account, without notice and without reason. However, we will attempt to notify you, in writing, at a time practicable to us. Some reasons include, but are not limited to:

1. Your Account is in default.
2. Improper trading practices.
3. Account inactivity.
4. A history of continued late payments.
5. Providing to us false or misleading information.
6. Failing to advise changes to information given as per the Account Application document.
7. If the business ownership changes.
8. Payment & Credit Terms (if offered).

Any amount shown on invoice or as per statement is payable by the Applicant without deduction, setoff, or cross claim. Full total payable on any invoice is payable within 30 days from the date of the invoice. Offer of Credit terms may be suspended beyond this date.

10.11 Your Liability

You are liable to us for all goods charged to your Account, until paid in full.

10.12 Ownership of Goods

Ownership of goods passes to you at time of payment in full. We remain the owner of all goods covered by an invoice until you have paid in full the invoice value of those goods.

10.13 Default Account

We may re-take possession of any goods or associated charges, not paid in full, by entering the Applicant’s premises or vehicle/s without liability for trespass or any resulting damage.

This includes those premises or vehicle/s of an associated company or agent where the goods are stored or displayed and we believe there are reasonable grounds that we may find goods in whole or in part, within.

We may keep or re-sell these re-possessed goods at our discretion. If the Applicant has sold all goods and does not present payment on request of the Supplier, we will take action against the Applicant.

10.14 Listing with Credit Reference Association

In case of default on payment, we may list your account with Equifax Advantage (Credit Reference Association).

10.15 Debt Recovery, Expenses and Disbursements

You agree to pay for all costs, disbursements and other expenses incurred by us in recovering or attempting to recover any monies outstanding by you, including, but not limited to, fees incurred by our debt recovery agency, solicitor, sheriff, Court Hearing etc.

10.16 Default Interest

Default Interest will be charged at our discretion, on ALL overdue Accounts at the rate of 11% per annum, calculated on a daily basis from the date in which the Account first became due. Payments received from the Applicant will be offset against any default interest first and all such charges will be payable on demand.

10.17 Breach

Any breach, of this Agreement may lend cause for Wildfire International to suspend or forfeit credit facilities without notice and/or close your Account. The customer may be required to trade on a “pre-payment” basis, until, at the discretion of Wildfire International, credit facilities are re-instated.

10.18 Right to Vary Terms of Trade

We reserve the right to vary these terms and conditions at any time without notice.

11. Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources.

We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

12. Product Information

12.1 Product Representation

All pictures used on our website are for illustration purposes only. The images may depict the products accurately, but they are intended to provide a visual representation of the product and may not fully reflect the actual product appearance, colour, or size.

12.2 Product Variations

Actual products may vary from the images displayed on our website. Variations may occur due to differences in manufacturing batches, materials used, or improvements made to the products. We strive to provide the best representation of our products, but we cannot guarantee an exact match to the images.

12.3 Product Specifications

While we make every effort to ensure the accuracy of product descriptions and specifications, there may be occasional errors or inaccuracies. We reserve the right to correct any such errors and update product information without prior notice.

13. Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property owned by Wildfire International or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Wildfire International. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Wildfire International or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Wildfire International or third-party trademarks.

14. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Wildfire International, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Wildfire International and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Wildfire International for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

15. Sever-ability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable.

If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

16. Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia.

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

17. Changes and Amendments

We reserve the right to modify this Agreement, or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

18. Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

19. Contacting Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

admin@wildfireinternational.com