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The Bulk Warehouse

THE BULK WAREHOUSE SALES TERMS AND CONDITIONS

Effective from: 11 November 2008

In this terms and conditions “you” means the customer, “nominated person” means any person appointed by the customer, which will receive the goods on his/her behalf, “services” means all of the operations and services provided or to be provided by The Bulk Warehouse. “Order” means a fax, mail or internet order to purchase goods and services from The Bulk Warehouse. “Order form” is the document created by the customer when placing an order through The Bulk Warehouse Web site or by The Bulk Warehouse customer service staff when taking a fax or mail order. By using The Bulk Warehouse web site or by placing a fax or mail order the customer acknowledges that has read and understood these terms and conditions and agreed to be bound by them.

MINIMUM ORDER: Minimum order is AUD $20, excluding freight if applicable.

PRICING Subject to the conditions below, the prices set out in our web site or price list are effective as of the date therein indicated. All prices are subject to change without notice.

INTERNATIONAL ORDERS: Orders from outside Australia may be accepted or rejected at The Bulk Warehouse discretion's, but The Customer is responsible in regards to customs clearance and if goods are damaged in transit due to multiples handling, incorrect handling or any other circumstance outside the control of The Bulk Warehouse. The Bulk Warehouse may decide to change payment method at its discretion.

PAYMENT Payments can be made by Money Order, MasterCard and Visa at The Bulk Warehouse discretion. When payment is made by Money Order, funds must be cleared in The Bulk Warehouse account before delivery is made. The Bulk Warehouse retains the title to the products ordered by you, until full payment including freight if applicable is received. If Customer orders regular deliveries of products, the nominated customer’s credit card in the order form will be charged periodically, before delivery of Products takes place. Credit Card payments are processed in The Bulk Warehouse main office, therefore do not hand or give your credit/bank card details to the driver/courier. The Bulk Warehouse does not process credit card payments during delivery of the goods. Check with The Bulk Warehouse first if you intent to change your payment method, The Bulk Warehouse takes no responsibility for cash sent by mail or collected by a non-authorized driver. Customer assumes the risk if cash is given to drivers. Declined credit cards will attract a fee.

ORDERS PLACED and NOT PAID: When a customer places an order and his/her credit card is declined, and after contacting the customer he/she decided to cancel the order and later on the same customer using her wife's or husband's name or a relative living in the same household with the same delivery address details places another order this time with the credit card that does not decline; The Bulk Warehouse will charge the cancellation fee of the first order to the second order, using the second credit card.

DELIVERY TERMS All Products are supplied delivered to customer’s residential or office address, indicated in the internet, fax or mail order. This address must be located in the delivery areas; In very limited cases, we deliver to PO Boxes as we use couriers, extra changes apply. Internet, Mail and Fax orders, if received before 2 PM on a business day, are delivered in the following 2 to 5 business day. Orders received on weekends, Public holidays and after 2 PM are considered received the next business day for processing and delivery purposes. Delivery is affected if customer’s credit card is declined during processing with the bank. Without limiting the terms herein specified, you agree and acknowledge that delivery times nominated before are indicative only and The Bulk Warehouse will not be liable for any failure to achieve those delivery times. Should The Bulk Warehouse be prevented from delivering the products at the time promised for delivery by reason of unexpected or exceptional cause existing either at The Bulk Warehouse premises or during the process of delivery. Time for delivery shall be extended until the operation of the causes preventing delivery has ceased. In the event of any such causes coming into operation, The Bulk Warehouse shall be the sole judge of whether or not it is able to deliver any products. The Bulk Warehouse can change at any time delivery schedules without notice. We are unable to call customers before delivery

SHIPPING METHOD: The Bulk Warehouse reserves the right to select the method of shipment and the courier.

LIABILITY The Bulk Warehouse shall not be liable for injury or damage to or destruction or loss arising out of or incidental to or in connection with or occurring during the provision of the services or for the mis-delivery or non-delivery of the Goods and whether or not caused by the default (including negligence) of The Bulk Warehouse or any agent, servant or officer of The Bulk Warehouse or any other person entitled to the benefit of these conditions.

PARCELS LOST OR STOLEN: Customers agree that goods are left at their premises (inside or outside) at his/her own risk if a signature is not required on delivery. The Bulk Warehouse or its nominate driver may try to follow customer's instructions for delivery, however, if the parcel (s) is (are) lost or stolen The Bulk Warehouse shall not be liable for replacing the goods.

ORDERS DELIVERED INCOMPLETE or NOT DELIVERED We normally try to send all items ordered in one go, but when the customer's order involves several parcels it may be possible that some parcels could get delivered before and some later. In case, the customer is missing an item or a set of items; she / he must contact us within seven (7) of order placement so The Bulk Warehouse can investigate what happen to the parcel or parcels, after seven days it becomes difficult to establish where the parcel is, due to multiples factor; in any case the customer agrees that, he/she contact us within seven (7) of order placement so we can commence an investigation; any complains after that period will be accepted to our discretion, based on the circumstances around the particular case.

FAILURE TO DELIVER FEE In case a customer cancels the order once the delivery is in progress or attempted we will refund your credit card less shipping charges and a $15 return fee, and the product(s) will be returned immediately to inventory. If The Bulk Warehouse or its courier does not find anyone at the specified address according to customer instructions; the order is to be returned to The Bulk Warehouse for that night. A calling card with the driver's details will be left to allow the customer to contact the driver and reorganize delivery.

FAILURE TO RECEIVE FEE In case the customer does not accept the delivery for whatever reason, The Customer will be liable if the parcel (s) get lost or stolen. Also, The Bulk Warehouse will be able to charge the customer's credit card for $10 Failure to Receive Fee as a result of additional workload created for such event. This fee may be higher depending of the numbers parcels involved. This fee also considers the costs associated to redeliver the parcel to The Customer. For Interstate, short haul and country orders this may be higher and established on a case by case basis.

FREIGHT CHARGES: Under this item, we include freight, picking and packing costs (handling), warehouse and administration costs. Certain costs are fixed regardless of the size and complexity of the order. Please note that these costs are subject to inflation and can vary over time. Shipping costs are non refundable.

OTHER FEES (a) In case a credit card given by a customer for payment is declined by the customer’s bank, The Bulk Warehouse will place the order on hold until customer is contacted and order processing completed, in this event customer will be charged a fee. The Bulk Warehouse may also decide at any time and at its absolute discretion to charge a fee to a customer, without limiting this discretion (and by way of examples only) (b) If delivery details indicated by the customer are not complete or could be subject to confusion during the delivery process, such as wrong suburb, no postcode, confusing house or unit number, spelling of street name or suburb not correct,  special delivery instructions could lead to two delivery addresses or confuse delivery drivers, etc. a fee will be charged to the customer's credit card as it is necessary to contact the customer by phone or email to determine correct instructions. (c) When customer send an email changing delivery instructions and these changes are included in the customer's order after order placement, The Bulk Warehouse may charge a fee to the customer's credit card. (d) When a customer place a fax order without a correct freight, we need to calculate the correct freight, this task attracts an administration fee.

COPIES OF DOCUMENTS The Bulk Warehouse can provide you with copies of invoices , merchant slip or refunds. This will attract a minimum fee of $5 . In case, the customer wants multiples copies of invoices, we will charge $5 per copy. This process could take at least 3 working days depending of the document required and whether or not it is already in our archive.

PRODUCTS AVAILABILITY The Bulk Warehouse will attempt to ensure availability of all products advertised at all times, but cannot not guarantee their availability at the time of receiving customer’s order, in such event, The Bulk Warehouse may delete the product from the customer’s order to avoid more delays; in this event, customer’s credit card will be refunded for the price of the goods not delivered. If items are included in our invoice but not delivered, there were placed in back order, and will be delivered at a later date. Also , as suppliers sometimes have products temporarily out of stock, The Bulk Warehouse will try to source the same brand in a different presentation; in this event, we will calculate a pro rata of its price as close as possible to the original quantity ordered, for the same of as close as possible of the original quantity ordered, aiming to minimize the inconvenience to the customer of the lack of product. Customer credit card will be refunded for the difference between the original value and the pro rata calculated value of the product.

PRODUCTS RECEIVED DAMAGED or FAULTY or WARRANTY CLAIMS: Any claims needs to be made within seven (7) days from date of invoice. Customer needs to send an email indicating details of product damaged and invoice number or delivery number. Damaged goods and missing products must be advised to The Bulk Warehouse on receipt of goods at the time of delivery or within seven(7) days. Otherwise, it is difficult to put a claim through after this time. For Huggies®, in case of faulty products or samples with details, please telephone toll-free Kimberly-Clark Australia Pty. Limited on 1800-028-334 Delivery and packing charges on returns are not refundable. For other products, please contact The Bulk Warehouse. For faulty items, we will require the customer to post to us the faulty product with original labels and tags at his/her own expense to PO Box 482 Doonside NSW 2767, the customer needs to include full name and contact details. The Bulk Warehouse may decide to repair or replace the product. Please note that certain products such as baby formula are verified that are in good condition and not damaged before dispatch from our warehouse, however, the product could be damaged in transit due to handling; in the case, The Bulk Warehouse will replace the damaged product if customer pays from for the freight back to the warehouse and back to him/her, this is due to the low margins in this product. Unfortunately, margins available from suppliers just cover very basic administration and warehouse costs.

INCORRECT ITEMS DELIVERED: In this event, we will send out at our cost the correct items and pick up or leave with the customer for Free the incorrect items, at our discretion. While the correct items are in transit, The Bulk Warehouse will charge the customer's credit card with the value of the correct items and later, once the incorrect items are returned in good condition by our courier company, we will refund the customer's credit card. This charge is necessary as sometimes, customers do not return the incorrect goods, use incorrect items, damaged items, return them in a bad condition or make our courier to go to their home/office address several times before returning the incorrect goods. For Interstate orders, the customer may need to post goods to us, the costs will be later reimburse to the customer, once the correct goods are sent.

CHANGES TO PRODUCTS ORDERED Orders cannot be cancelled or changed. In very limited cases, we may be able to process changes or cancel your order if it has not been processed for shipment and sent to the warehouse. Please note that we may not be able to do so even if you send an email immediately after you placed your order, as we receive a large number of email everyday, emails are processed on a low priority basis and sometimes are read after the order has been processed. Once your order has been sent to the warehouse we cannot make any changes. Our aim is to dispatch order as soon as possible, so it is best to take your time before ordering.

CANCELLATIONS: in very limited cases, we are able to cancel an order if it has not been processed for shipment and not sent to the warehouse. If customer wants to cancel an order, In any case, a cancellation fee or 10% of the value f the order applies based on The Bulk Warehouse assessment at its discretion; this will help us to recover costs incur in processing and preparing the order, and other administration tasks required as a result of this cancellation. Please see our Frequently Asked Questions (FAQ) for updated fees.

CLAIMS: We accept claims within seven (7) days of invoice date. After this time, claims could be accepted to our discretion in a case by case basis. In these cases, we may charge a $10 enquiry fee that could be reimbursed to the customer, if the enquiry turns to be in favor of the customer, however, if the outcome turns to be as indicated in our records, the fee will not be refunded. This is necessary, given the time and resources that are allocated to investigate such cases. Payment most must be made before resources are allocated to the enquiry. Customer must keep boxes and any other items delivered by our courier in case we request any additional information about goods damages in transit, goods not received, etc. We may request pictures of the boxes or goods in order to process your claim. In case of refunds , The Bulk Warehouse may require to fill some paper work including but not limited to an Statutory Declaration.

DELIVERY ADDRESS: our database is driven by phone numbers, therefore, in case you have moved, it is your responsibility to let us know via email before placing your order your new delivery address, so we can update our records in our database. The customer acknowledge that putting his/her new delivery address on the order form during the ordering process in our website does not guarantee that the The Bulk Warehouse database will not be updated with her/his new address. If you place your order and you have not told us your new address prior to placing your order, the goods may be sent to your old address, in this event, The Bulk Warehouse will not be held liable for goods lost or stolen. The customer acknowledge and pay for the retrieval of the parcel from his/her old address and freight costs to his/her new address.

DELIVERY TO INCORRECT ADDRESS: The customer acknowledge that on occasions, the courier or delivery driver may deliver involuntarily to the wrong address. In this case, some additional delays might occur as a result of the driver going back to the address where he delivered the parcel and redelivering to the correct address. In any case, the customer acknowledge that there is no applicable compensation.

UPDATING CUSTOMER DETAILS IN OUR DATABASE: In case customer details requires updating The Bulk Warehouse will place the order on hold until customer is contacted to clarify the information and order processing is completed, in this event customer will be charged a fee to the customer's credit card nominated in the order. The Bulk Warehouse may also decide at any time and at its absolute discretion to charge a fee to a customer, without limiting this discretion (and by way of examples only) (a) Customer moves address, (B) new phone number, (C) new delivery address while keeping the same home address, (D) temporary delivery address, while keeping the same home address, (E) changes to delivery instructions, (F) multiples customer details with different delivery addresses or different phone numbers, This is necessary as it has become a major task to keep our database updated to ensure customer details are correct.

CHANGES IN PRODUCTS DISTRIBUTED BY The Bulk Warehouse From time to time The Bulk Warehouse suppliers may change and/or discontinue particular products. The Bulk Warehouse can also change composition of their promotions or selection of products available at any time without notice. We have made every effort to have the latest pictures of every product available through The Bulk Warehouse Web site, however, from time to time our suppliers may change the presentation of products at their discretion.

CONDITIONS FOR RETURN Returns of products are allowed as credit towards your next order, fees may apply. No return is possible if products have been opened or packaging has been damaged. If delivery contains products not selected by the customer when the order was placed The Bulk Warehouse could exchange products providing products have not been used or opened and the customer needs to contact The Bulk Warehouse within seven(7) days from the date of invoice with proof of purchase. Customer must pay return freight costs to The Bulk Warehouse when error in ordering was due to the customer and not to The Bulk Warehouse. Customer credit card will be credited for the goods returned once verification of products is carried out; if goods were received damaged by The Bulk Warehouse but were shipped undamaged by the customer, we cannot take any responsibility for goods received damaged. Delivery and packing charges on returns are not refundable. All goods to be returned to The Bulk Warehouse must be approved prior to shipping. Any goods returned without prior authorization from The Bulk Warehouse using a method other that the one advised or to be advised by The Bulk Warehouse shall be the sole responsibility of the customer for freight, shipping and handling costs. The customer will also be liable for loss or damage in transit and any costs associated with, including but not limited to the cost of replacing the goods. For hygienic reasons, certain products cannot be exchanged or returned, even if they have not been opened. These include but are not limited to bottles, monitor, sterilizers, etc

DISCREPANCIES: In case of prices discrepancies between an advertised price and a price on the website, the customer will need to contact The Bulk Warehouse before placing the order, so we can fix ay discrepancy, otherwise, the order will be processed based on current pricing on the web site. Due to operational reasons, it is understood that emails sent after the order is placed advising of any discrepancy will not be considered as emails are read on a low priority basis and we also receive a high volume of them everyday.

JURISDICTION: Any contracts entered between The Bulk Warehouse and The customer shall be governed by and construed in accordance with the laws of the State of New South Wales and shall be subject to jurisdiction of the courts of New South Wales.

REFUNDS: No refunds are offered if you have changed your mind about a product. Shipping costs are non refundable.

NOTE The Bulk Warehouse may decide at any time and at its absolute discretion to discontinue supplying products to a customer. Without limiting this discretion (and by way of examples only), such termination may occur if:

1) There are a number of orders where The Bulk Warehouse has to go to the customer’s address at least twice.

2) Customer nominated credit card failed to fund purchases made.

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