1. Who these terms apply to
These terms govern the supply of goods by Avalon Chemist Pty Ltd (ABN 50 638 619 413) ("Avalon", "we", "us") to any overseas business or organisation ("you", "buyer") that purchases goods from us for export following an email enquiry.
We supply overseas trade buyers only. By submitting an order, you confirm you are purchasing on behalf of a registered business located outside Australia, that you have authority to import goods of the type ordered into your destination country, and that you are not purchasing as a private consumer.
2. Quotes and orders
Quotes are issued by email in response to a written enquiry. Each quote is valid for 14 days from issue unless otherwise stated, and is subject to stock availability at the time of order confirmation.
An order is formed when you accept a quote in writing (by email reply) and we issue a commercial invoice. Until both have occurred, no contract for supply exists. Minimum order quantities apply.
3. Pricing and currency
All prices are quoted on an FOB Melbourne (Incoterms 2020) basis unless otherwise stated. Prices are in Australian dollars (AUD) or US dollars (USD) as nominated in the quote. Pricing excludes international freight, marine insurance, destination duties, taxes, customs clearance fees, and any destination-country compliance costs.
We reserve the right to update pricing between quotes. Once a quote has been accepted in writing within its validity period, the quoted price is locked for that order.
4. Payment
Standard terms are full payment by international wire transfer before dispatch. Payment instructions are provided on the commercial invoice. The buyer bears all bank fees and intermediary charges.
Letter of credit or partial-deposit terms may be agreed for established customers at our discretion and must be specified in the relevant quote.
5. Incoterms and delivery
Default delivery terms are FOB Melbourne (Incoterms 2020). Title and risk pass to the buyer on the goods crossing the ship's rail at the loading port in Melbourne, Australia. CIF, CFR or other Incoterms may be agreed by written notice in the quote.
Lead times are estimates and are confirmed on order acceptance. Avalon coordinates with the freight forwarder nominated by the buyer, or — at the buyer's request — arranges freight booking on the buyer's account.
6. Risk and title
Under FOB Incoterms, risk in the goods passes to the buyer once the goods are loaded on board the vessel at Melbourne. Title in the goods does not pass to the buyer until we have received payment in full.
7. Import compliance is the buyer's responsibility
The buyer is solely responsible for compliance with all laws and regulations of the destination country.
This includes (without limitation):
- Import licences, permits, and notifications
- Health-product, supplement, cosmetic and medical-device registrations
- Labelling, language, INCI, ingredient declaration and country-of-origin marking
- Destination-country customs duties, taxes and fees
- Restricted-substance declarations and any other product-specific filings
Avalon supplies goods in their original Australian retail packaging. We are not responsible for goods being held, refused or destroyed at the destination port due to non-compliance.
8. Returns
We accept returns only for goods that are damaged in transit (where damage is evidenced and notified within 7 days of the goods reaching the destination port), defective, or incorrectly supplied. International return shipping costs are the buyer's responsibility unless the issue is the result of our error.
We do not accept returns for change of mind, over-ordering, refusal of import by destination authorities, or cosmetic packaging changes by the brand owner.
9. Warranties
Goods are supplied with the manufacturer's warranty (if any) provided by the brand owner. Avalon does not provide independent warranties beyond those given by the brand or required under law.
10. Liability
To the maximum extent permitted by law, Avalon's total liability arising out of or in connection with the supply of any goods is limited to, at our option:
- The replacement of the goods or the supply of equivalent goods
- The repair of the goods
- The refund of the price paid for the goods
We are not liable for indirect or consequential loss, including lost profits, loss of business opportunity, freight delays, or losses arising from import-side compliance, customs holds or destination-country regulatory action.
11. Brand names and trade marks
All brand names, trade marks, logos and product names referenced on this website or in any quote are the property of their respective owners. Avalon does not claim any ownership, sponsorship, authorisation, distributorship or endorsement relationship with any brand owner unless this has been confirmed in writing in the relevant correspondence. Brand names are used only to identify the goods we are offering for export supply.
12. Force majeure
We are not liable for delay or failure to supply caused by events outside our reasonable control, including supplier shortages, port congestion, vessel delays, freight disruptions, natural disasters, government action, sanctions, or industrial action.
13. Governing law and jurisdiction
These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded from applying to these terms.