Terms of service
Overview
These Terms of Service apply to all quotes, orders and sales by OM Imports ("we", "us", "our") of Adelaide, South Australia, and to your use of omimports.co (the "Services"). OM Imports sources products from manufacturers, mainly in China, and supplies them to businesses in Australia. The Services are powered by Shopify, but all sales are made directly between you and OM Imports.
By applying for a trade account, placing an order or using the Services, you agree to these Terms and our Refund Policy, Shipping Policy and Privacy Policy.
1. Trade accounts
Our products and pricing are available only to businesses we have approved for a trade account. To apply, complete the application on our website. We may ask for your ABN and other details, and we may approve or decline any application at our discretion.
You must give us accurate, current information and keep your account details secure. You are responsible for activity on your account. We may suspend or close an account that breaches these Terms, with notice where reasonable.
2. Products and resale
You may buy products to use in your business or to resell. Product photos, descriptions and samples are as accurate as we can make them, but colours, finishes and dimensions may vary slightly between production runs and from how they appear on screen.
Where we supply a sample before production, the approved sample is the standard for the order. Custom or branded products are made to the specifications, artwork and quantities you approve in writing. You confirm that you have the right to use any logos or artwork you give us.
If you resell our products, you are responsible for complying with the laws that apply to your sales, including product labelling and your obligations to your own customers under the Australian Consumer Law.
3. Quotes, prices and GST
Prices are in Australian dollars. Quotes are valid for 14 days unless stated otherwise, because they depend on factory prices, exchange rates and freight costs. If a cost outside our control changes materially before you accept a quote, we will tell you before you commit.
Unless a quote says otherwise, prices are landed prices delivered to your Australian business address, including international freight and import duty. GST is added where applicable and shown on your tax invoice.
4. Orders and deposits
An order is accepted when we confirm it in writing and receive any required deposit. Made-to-order and custom orders require a 30% deposit before we place the order with the factory. The remaining 70% is due before delivery: we will tell you when your goods are ready to deliver, and we release them for delivery only once the order is paid in full, unless we agree other payment terms in writing.
Minimum order quantities apply to many products and are shown on the product listing or in your quote. If we cannot supply an order as accepted, we will contact you and you may choose an alternative or a refund of any amounts paid for the affected items.
5. Lead times and delivery
Lead times are estimates based on factory production and freight schedules. Our Shipping Policy explains typical timeframes. We will keep you updated and tell you promptly about significant delays. If your order is delayed by more than 30 days beyond the estimated delivery date given at acceptance, you may cancel the undelivered part of the order for a refund of amounts paid for it.
Risk in the goods passes to you when they are delivered to your nominated address. Ownership passes to you when we have received full payment for them.
6. Checking your goods
Please inspect your order on delivery and tell us about any damage, shortages or wrong items within 3 business days, with photos. This helps us claim from the carrier or factory and resolve the issue quickly. See our Refund Policy for how we handle claims.
7. Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law where you are a consumer under that law. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
Where the law allows, and the goods are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing the goods or supplying equivalent goods, repairing the goods, or paying the cost of replacing or repairing them.
8. Limitation of liability
Subject to section 7, we are not liable for indirect or consequential loss, including loss of profit, revenue or business opportunity, arising from these Terms or the products. Subject to section 7, our total liability for any order is limited to the amount you paid for that order. These limits do not apply to liability that cannot be limited by law, or to loss caused by our fraud or wilful misconduct.
9. Website use
You may use the Services only for lawful business purposes. You must not misuse the Services, attempt to access areas or pricing you are not approved for, interfere with their security or operation, or use automated tools to scrape them. Content on the Services, including text, images and the OM Imports name and logo, belongs to OM Imports or its licensors.
10. Privacy
Our Privacy Policy explains how we collect, use and disclose personal information, including information shared with Shopify to operate the Services.
11. Changes to these Terms
We may update these Terms from time to time. The version in force when we accept your order applies to that order. We will give approved trade account holders reasonable notice of material changes.
12. Governing law
These Terms are governed by the laws of South Australia. Each party submits to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.
13. Contact
OM Imports, Adelaide, South Australia
Email: contact@omimports.co
Phone: +61 490 408 246
Website: omimports.co