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sizing and terms

SIZING

All pieces reference Australian standard sizing, however size can vary depending on the individual style of the garment, for example, a tight or loose fit. For specific style measurements please email hello@catherinemurphy.net.au

AUSTRALIAN SIZE                BUST                WAIST              HIP

           8                                   85cm                66cm                91cm

          10                                  90cm                71cm                96cm

          12                                  95cm                76cm                101cm

          14                                 100cm               81cm                106cm

                                 

 

RETURNS POLICY

We accept returns and exchanges to our head office in Melbourne. Purchases made through Shopify Payments including Paypal can be exchanged or returned for change of mind (excluding our original shipping costs). If you prefer to use our Afterpay payment facility and change your mind after receiving the items, we can happily exchange but not refund purchases. If you wish to make a return/exchange it must be made within 7 days of receiving the item and the item must be returned in its original condition, unworn. You must write to us at hello@catherinemurphy for approval prior to returning your purchase. We suggest using a postal service with tracking available as we cannot be held responsible for any parcel that goes missing.

We do not exchange or refund sale items, all sale purchases are final.

If you believe you have received a faulty item, please email a photograph of the item detailing the fault plus proof of purchase within 7 days of receiving your goods to hello@catherinemurphy.net.au 

Please note that wear and tear in the course of normal use is not considered a fault. Our fabrications and trims are natural products, often hand dyed, so minimal variations within the one garment are to be expected and contribute to the charm of the item.

 

INTERNATIONAL SHIPPING RATES

We offer a flat rate of $25 worldwide or free shipping on all international orders above $400.

 

 

WHOLESALE TERMS AND CONDITIONS

CATHERINE MURPHY PTY LTD TERMS AND CONDITIONS OF SALE

These Terms and Conditions replace and supersede all previous versions prior to 11 December 2017.

General

All Goods are supplied to Purchasers pursuant to the Terms. No person employed by or acting otherwise as agent of the Supplier or purporting to do so has authority to accept orders and supply Goods on any other terms and conditions or to vary these Terms and Conditions in any way whatsoever unless the person has been authorised to do so by the Supplier.

1) DEFINITIONS

a) In these Terms and Conditions:

  1. i)  Applicant means the applicant entity listed in the Credit Application.

  2. ii)  Contract means agreement between the Supplier and the Purchaser.

  3. iii)  Delivery Offer means the delivery offer, which sets out the terms and conditions on which the Supplier delivers Goods, and which is available on request from the Supplier’s locations.

  4. iv)  Effective Date means from 11 December 2017.

  5. v)  Goods means goods, products and materials supplied by the Supplier under the Contract.

  6. vi)  Order Form means purchase order form.

  7. vii)  Price means the quote for Goods issued to the Purchaser by the Supplier.

  8. viii)  Price List means the list of Goods and their respective prices as issued from time to time by Catherine Murphy Pty Ltd.

  9. ix)  Purchaser means the legal entity, person, firm or company that agrees to purchase the Goods.

  10. x)  Return of Goods means the request from the Purchaser to return Goods back to the Suppler.

  11. xi)  Supplier means Catherine Murphy Pty Ltd ABN 78622839598

  12. xii)  Terms means the Terms and Conditions of Catherine Murphy Pty Ltd.

  13. xiii)  Writing means hard copy, signed by a person authorized in writing, or electronic, transmitted by a person authorized in writing.

  1. 2)  GENERAL

    1. a)  Catherine Murphy Pty Ltd is entitled, at its sole discretion, to amend, add or remove any part of the Terms at any time without notice.

    2. b)  The Terms are effective as at the Effective Date.

  2. 3)  PRICING

    1. a)  The Price of the Goods is the amount listed in the Price List at the time the Supplier agrees to the purchase.

    2. b)  The Supplier reserves it rights to change the Price List at its discretion.

    3. c)  The price quoted is subject to the Purchaser ordering the whole quantity of the Goods as described in the price list. If the Purchaser orders less than the whole quantity of Goods specified in the quotation, then the Supplier reserves the right to revise the pricing for such Goods

    4. d)  Unless otherwise agreed in writing, the price charged for the Goods is the price that applies at the date of despatch of the Goods. Any changes to the Price Lists are subject to alteration in accordance with these Terms and Conditions.

    5. e)  Prices quoted do not include postage and handling unless expressly stated.

    6. f)  Unless otherwise stated prices do not include GST.

    7. g)  GST and other taxes and duties that may be applicable shall be added to the price.

  3. 4)  PURCHASE

    1. a)  The Supplier may at any time and at its absolute discretion accept or reject in whole any request from the Purchaser for an order.

    2. b)  An order or offer to purchase Goods can be made by the Purchaser in writing or verbally.

    3. c)  An order or offer made by the Purchaser does not constitute a binding contract until the Supplier has accepted such order or offer in accordance with these Terms and Conditions.

    4. d)  An order or offer made by a Purchaser is accepted by the Supplier only if the Supplier:

      1. i)  Receives a deposit of 50% of the price of the total order; and

      2. ii)  Formally accepts the order by written acknowledgement; or

      3. iii)  Delivers the ordered Goods as described in the order or offer, whichever occurs first.

    5. e)  Once the offer is accepted the terms of the agreement may not be altered, varied or cancelled by the Purchaser, except by further agreement with the Supplier.

    6. f)  The Supplier may at any time and at its absolute discretion accept or reject part or all of any order or offer made by the Purchaser. If this occurs the purchase price will be adjusted accordingly.

    7. g)  The Contract constitutes the entire agreement between the Supplier and the Purchaser with respect to the Goods supplied provided under the Contract and all prior negotiations, proposals and correspondence are superseded by that Contract.

 

  1. 5)  INVOICING AND PAYMENT

    1. a)  Where the Purchaser has an established and approved commercial credit account with the Supplier or with any of the Supplier’s related bodies corporate (within the meaning of the Corporations Act 2001), the Purchasermust comply with the terms and conditions of that commercial credit account. The Supplier reserves the right to charge an administration fee as determined from time to time to cover credit card merchant fees and theSupplier’s associated overhead charges.

    2. b)  If the Purchaser has a commercial credit account with the Supplier then, unless otherwise agreed in writing:

      1. i)  The Supplier may issue invoices for Goods supplied either:

        (1) on despatch of such Goods; or
        (2) when such Goods are delivered; or
        (3) when such Goods are deemed delivered in accordance with clause 9; and

      2. ii)  the Purchaser must pay all invoices in full and without set-off by the last business day of the month following the month in which the invoice was issued.

    3. c)  If the Purchaser does not have a commercial credit account with the Supplier then the Purchaser must pay the Supplier for the Goods at the time it places an order for such Goods with the Supplier.

    4. d)  The Supplier reserves the right to charge additional administration fees (such as commercial credit account keeping fees) as determined by the Supplier from time to time.

    5. e)  If the Supplier delivers only part of an order, then it may invoice, and the Purchaser must pay for, that part of the Goods delivered, unless otherwise agreed in writing between the parties.

    6. f)  The Purchaser is not entitled to, and must not demand or hold, any sum on account of retention for completion of the contract to be performed by the Supplier or against any pending or unsecured claim against the Supplier. If the Purchaser withholds any money as retention money, the Supplier reserves the right to withhold further supply under the Contract or any other contract between The Supplier and the Purchaser.

    7. g)  The Purchaser shall pay to the Supplier interest at the rate of 1.5% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the Purchaser.

  2. 6)  DEFAULT AND TERMINATION

    1. a)  If:

      1. (a)  the Purchaser refuses or fails to pay any amounts when due under the Contract; or

      2. (b)  the Purchaser defaults in performing any of its obligations under the Contract; or

      3. (c)  in the Suppliers reasonable opinion, the Purchaser is insolvent or suffering from financial issues

        including but not limited to, if the Purchaser is an individual, the Purchaser commits an act of bankruptcy, or, if the Purchaser is a company, it becomes an externally-administered body corporate within the meaning of section 9 of Corporations act 2001 (Cth) or passes a resolution to wind up; or

      4. (d)  the Purchaser is in breach of contract;
        then in addition to, and without prejudice to any other rights it has by law, the Supplier is entitled to:

        1. (i)  treat the whole of the contract as repudiated;

        2. (ii)  may refuse to supply the Goods to the Purchaser;

        3. (iii)  is entitled to treat any other contract between the Supplier and the Purchaser as repudiated;

          and

        4. (iv)  is entitled to claim return of any Goods in possession of the Purchaser where title has not passed to the Purchaser.

    2. b)  The Purchaser is not entitled to terminate, suspend or cancel part or all of the contract for any reason (including for convenience) except if the Supplier has failed to remedy its alleged breach of the Contract within a reasonable period after the Purchaser gives it written notice of such alleged breach.

    3. c)  If the Purchaser purports to wrongly terminate or rescind part or all of the Contract or refuses to take delivery of any Goods delivered in accordance with the Contract, the Supplier may recover from the Purchaser the total amount of the order placed on the Supplier, less any amounts already paid by the Purchaser.

  3. 7)  Money Owing

a) A statement in writing as to any amount owing under the Contract by the Purchaser on the date mentioned in such statement is prima facie evidence that such amount is owing.

8) TAX

  1. a)  Unless otherwise agreed in writing or required by law, all amounts stated in a quotation or payable under the Contract are calculated or expressed exclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.

  2. b)  If GST is, or becomes payable by the Supplier in relation to a supply under the Contract, the recipient of that supply must pay to that Supplier an amount equal to the GST. An amount payable under this clause must be paid:

    1. (1)  at the same time as the payment of the amount in respect of that supply is due; and

    2. (2)  In addition to the amount payable under the Contract.2

     3. c) The Purchaser is not obliged to pay any GST unless a valid tax invoice has been issued.      

  1. d)  If the Purchaser fails to pay such GST when due, the Supplier may recover it from the Purchaser as debt under the Contract.

  2. e)  Any party that becomes aware of the occurrence of any adjustment event in connection with the Contract must notify the other party as soon as possible.

  3. f)  The parties must then take whatever steps are necessary and make whatever adjustments are required to ensure that any additional GST or refund of GST is paid no later than 20 business days after the parties first become aware of the adjustment event.

  4. g)  For the purposes of this clause, terms used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given to them in the Act.

  1. 9)  DELIVERY

    1. a)  Delivery of Goods will be in accordance with the applicable Delivery Offer. It is the obligation of the Purchaser to ensure that it is familiar with and observes the Delivery Offer.

    2. b)  The Supplier may deliver the Goods in any number of instalments.

    3. c)  If the Supplier quotes the price as “ex works”, the Purchaser must collect the Goods from the Supplier’s nominated premises at the time notified by the Supplier to the Purchaser.

    4. d)  If the Supplier quotes the price as “Delivered”, it will deliver the Goods to the Purchaser’s nominated site and

      the Purchaser must:

      1. (1)  nominate the site for delivery in writing to the Supplier prior to the delivery;

      2. (2)  ensure that an area is available to access and complies with all applicable occupational health, safety

        and welfare legislation; and

      3. (3)  ensure that a representative of the Purchase is available at the time of delivery to acknowledge delivery by signing a delivery receipt.

    5. e)  If the Supplier’s obligation is to deliver the Goods and the Purchaser, or its representative, is not in attendance when the Goods are delivered at the Purchaser’s nominated site, then the Supplier reserves the right to unload the Goods at the site.

    6. f)  Where the Purchaser does not accept delivery of Goods which it has ordered from the Supplier when such Goods are ready for delivery, the Purchaser is liable for any additional charges that the Supplier may incur for storage and/or double handling, to be charged at the Supplier’s rates.

    7. g)  If Goods are to be despatched “ex works” they are deemed delivered at the premises of the Supplier when the Purchaser collects the Goods.

    8. h)  If Goods are to be delivered by the Supplier, they are deemed to be delivered when a representative from the Purchaser has acknowledged delivery by signing a delivery receipt, or when the Goods are deposited at the Purchaser’s nominated site.

    9. i)  The Supplier will make all reasonable efforts to have the Goods delivered to the Purchaser as agreed between the parties, but the Supplier is not liable for any failure or delay in or any damage or loss due to unloading or packaging.

    10. j)  Risk in the Goods passes to the Purchaser on delivery of the Goods to the Purchaser.

    11. k)  The Supplier does not accept liability for any damages, cost or expense incurred by the Purchaser arising from delays caused by third parties.

    12. l)  The Purchaser is not entitled to cancel or rescind any order, or terminate or rescind any obligation it owes to the Supplier, by reason of delay to the supply of Goods caused by third parties.

  2. 10)  PRIVACY

a) Catherine Murphy Pty Ltd will make available to the Purchaser its Privacy Protection Information Form.

  1. 11)  RETURNS

    1. a)  The Supplier will not accept returns of Goods, except at its own discretion.

    2. b)  If the Supplier agrees to accept the return of Goods, then such return will be subject to:

      1. i)  The Purchaser paying a re-stocking fee (25% of item cost);

      2. ii)  The Purchaser only being issued with credit once Goods have been returned, inspected and deemed to be re-sellable;

      3. iii)  The Purchaser arranging and paying for the return of the Goods.

  2. 12)  LEGAL TITLE AND RELATED MATTERS

a) The legal and equitable title to the Goods will only be transferred from the Suppler to the Purchaser when the Purchaser has met and paid all that is owed to the Supplier in relation to the Goods.

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b) Catherine Murphy will only collect information about you when you provide it to us, and we only collect information to provide better services to our clients.

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c) In delivering our products or collecting and using your personal information, we may be required to disclose some of your personal information to third party organisations, including external service providers; our legal, accounting, financial or other professional advisors; and regulatory or government authorities as required by law.

 

  1. a)  The Purchaser acknowledges that until the Purchaser has met and paid all that is owed to the Supplier on any account whatsoever, the Purchaser holds the Goods as bailee for the Supplier and that a fiduciary relationship exists between the Purchaser and the Supplier.

  2. b)  Until the Supplier receives full payment of all monies due to it from the Purchaser, the Purchaser must keep theGoods separate and in good condition as a fiduciary of the Supplier, clearly showing the Supplier’s ownership of the Goods, and must keep books recording the Supplier’s ownership of the Goods and the Purchaser’s saleor otherwise of them.

  3. c)  If the Purchaser defaults on the agreement, then the Supplier may take possession of the Goods wherever the Goods are located and the Purchaser agrees that representatives of the Supplier may enter upon thePurchaser’s premises for the purpose of collecting the Goods.

  1. 13)  CHARGE

    1. a)  The Purchaser hereby charges with payment of any indebtedness to the Supplier all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Purchaser.

    2. b)  The Purchaser agrees that if demand is made by the Supplier, the Purchaser receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required, and in the event that the Purchaser fails to do so within a reasonable time of being so requested, the Purchaser hereby irrevocably and by way of security, appoints any credit manager or solicitor engaged by the Supplier to be its true and lawful attorney to execute and register such instruments. Notwithstanding any other provision in this clause and in addition thereto the Supplier may lodge a caveat noting the interest given by this charge on the title of any property of the Purchaser whenever it so wishes.

  2. 14)  FORCE MAJEURE

a) If the Supplier is prevented (directly or indirectly) from supplying the Goods by reason of acts of God, strikes, lockouts, trade disputes, fire, floods, breakdowns, delay in the manufacture of the Goods for any reason whatsoever, interruption of transport, government action, non-delivery of raw material or products, refusal orfailure of the Supplier’s own suppliers to deliver to the Supplier any Goods or components of Goods, or anyother cause whatsoever outside its control (whether or not of a like nature to those specified above), the Supplier is under no liability whatsoever to the Purchaser and is entitled, at its discretion to give notice to the Purchaser, either to cancel the Contract or to extend the time for its performance.

  1. 15)  SHORTAGES, DEFECTS AND INACCURACIES, FAILURE OF, OR DELAY IN, SUPPLY

    1. a)  The Purchaser hereby agrees to check all Goods received immediately upon unloading at the destination. No claim by the Purchaser for shortages or improper or defective or damaged Goods, will be recognised by the Supplier unless notified to the Supplier within forty-eight (48) hours of delivery or performance.

    2. b)  The Supplier will endeavour to rectify inaccuracies or short supply with forty-eight (48) hours of notification.

    3. c)  If, due to any cause whatsoever, the Supplier is unable to supply any part of the Order by the nominated

      delivery date or at all, it is entitled, at its option:

      1. (1)  to supply to the Purchaser similar Goods which in the opinion of the Supplier are an appropriate

        substitute without prior reference to the Purchaser; or

      2. (2)  not to supply part or all of the Goods; or

      3. (3)  delay supply of part or all of the Goods.

  2. 16)  DISPUTE RESOLUTION

    1. a)  If there is a dispute or disagreement between the Supplier and the Purchaser arising in any way from or in relation to the Contract, then the Supplier and the Purchaser must use all reasonable endeavours and reasonably appropriate alternative dispute resolution procedures as soon as possible before resorting to litigation.

    2. b)  Nothing in this clause prevents a party seeking urgent interlocutory relief from a court or requires that party to participate in informal resolution processes for longer than 30 days after a dispute has arisen.

  3. 17)  CONFIDENTIALITY

    1. a)  The Supplier and the Purchaser agree that a Contract and any other information furnished by one party to the other pursuant to the Contract is and remains confidential between the parties, and the parties must not disclose the same, or permit or cause the same to be disclosed, either directly or indirectly, to any third party unless:

      1. (1)  prior approval in writing has been obtained from the other party;

      2. (2)  disclosure is required by law; or

      3. (3)  the information is in the public domain prior to the disclosure by the party.

    2. b)  The expression “any third party” does not include the financial or legal advisers of a party or a related bodycorporate of a party.

  4. 18)  CREDIT APPLICATION

    1. a)  Any Purchaser may make an application for credit by completing the Confidential Commercial Credit Application Form.

    2. b)  The Supplier will assess all applications.

19) MISCELLANEOUS

  1. a)  A notice under the Contract can only be in writing and can only be given to a party:

    1. (1)  personally;

    2. (2)  by registered post to the last known place of business or residence or registered office. Such notice is deemed to be received at the time at which the letter is delivered in the ordinary course of post;

    3. (3)  by facsimile transmission to the last known facsimile number. Such notice is deemed to be received when the sending machine confirms notice has been sent; and

    4. (4)  by electronic transmission to the last known email address. Such notice is deemed to be received when the sending machine confirms notice has been sent.

  2. b)  The Contract and the Terms are governed by the laws in the State of Victoria and courts of the jurisdiction have exclusive jurisdiction in connection with the Contract.

  3. c)  A party must not assign its benefits or obligations under the Contract without the prior consent in writing of the other party and such other party must not unreasonable withhold its consent to an assignment.

  4. d)  A party waives a right under the Contract only by written notice that it waives that right.

  5. e)  If a provision of the Contract would be unenforceable because of a particular clause then:

    1. (1)  the provision must be read down to the extent necessary to avoid that result; and

    2. (2)  if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of the Contract.