1. Account Terms
- All accounts are strictly 7-day payment terms from the invoice date.
- Failure to make payment within this timeframe may result in account suspension and withholding of future orders until outstanding amounts are paid in full.
2. Accepted Payment Methods
- Payments can be made via VISA, MasterCard, or Electronic Funds Transfer (EFT).
- Payments must be made in Australian Dollars (AUD).
3. Late Payment Fees & Interest Charges
- A monthly account fee of 1.5% will be applied to all overdue balances.
- A minimum late payment fee of $20 per month will apply to cover administrative costs associated with overdue accounts.
- Interest on overdue amounts may also be charged at a rate of 10% per annum, calculated daily from the due date until full payment is received.
4. Debt Collection & Legal Costs
- If an account remains unpaid and is referred to a debt collection agency and/or law firm, the debtor will be liable for all reasonable collection and legal costs incurred in the recovery of the outstanding amount.
- These costs may include:
- Debt collection agency fees and commissions.
- Legal demand and enforcement costs.
- Court filing fees and associated legal expenses.
- Interest accrued on the outstanding balance until full payment is received.
- Pursuant to the NSW Debt Recovery Act, debt collection practices will adhere to the regulations set out by the Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC).
5. No Credit for Expired or Damaged Stock
- Funky Monkey Cookies supplies all stock in good condition with a suitable Best Before date at the time of dispatch.
- We do not offer refunds, credits, or exchanges for stock that:
- Expires while in the customer’s possession.
- Becomes damaged, contaminated, or otherwise unsellable due to improper handling or storage.
- Once stock has been delivered, it is the customer’s responsibility to manage inventory, store products correctly, and ensure they are sold before the Best Before date.
- Funky Monkey Cookies is not liable for any financial loss associated with expired, spoiled, or mishandled stock.
6. Order Cancellation & Refund Policy
- Orders cannot be cancelled once they have been processed and prepared for dispatch.
- Refunds or replacements will only be provided for damaged or incorrect stock, provided the issue is reported within 48 hours of delivery, along with photographic evidence.
- Funky Monkey Cookies does not provide refunds or credits for change of mind, excess stock, or unsold stock.
7. Delivery & Risk of Goods
- Funky Monkey Cookies arranges shipping via reputable courier services and Australia Post.
- Risk in the goods passes to the customer upon dispatch, meaning we are not liable for any loss, damage, or delays caused by third-party carriers.
- Customers are responsible for providing accurate delivery information and ensuring someone is available to accept delivery.
8. Minimum Order Requirements
- Wholesale customers must meet a minimum order value of $120 per order.
- Orders below this threshold will incur a handling fee of $15.
9. Product Storage & Handling
- Customers must store Funky Monkey Cookies products in a cool, dry place, sorted away from heat, and away from direct sunlight.
- Funky Monkey Cookies is not responsible for product deterioration due to improper storage or exposure to heat and humidity.
10. Promotional Materials & Display Equipment
- All promotional materials and display equipment, including but not limited to:
- A-frames
- Signage
- Banners
- Display crates
- Remain the property of Funky Monkey Cookies and must be returned in the same condition in which they were supplied.
- Any damage, loss, or failure to return these items may result in additional charges to cover replacement or repair costs.
11. Limitation of Liability
- Funky Monkey Cookies is not liable for any indirect, incidental, or consequential loss or damages resulting from the use, resale, or handling of our products.
- Our liability is limited to the replacement or refund of defective goods, at our discretion.
12. Force Majeure
- Funky Monkey Cookies is not liable for failure to fulfil obligations due to events beyond our control, including but not limited to:
- Natural disasters (fires, floods, storms).
- Supply chain disruptions (ingredient shortages, manufacturing delays).
- Transport delays (courier strikes, major road closures).
- Regulatory changes (new government restrictions).
13. Default & Account Termination
- Continued failure to meet payment obligations may result in account termination without notice.
- Funky Monkey Cookies reserves the right to report unpaid debts to credit reporting agencies, which may impact the customer’s ability to obtain future credit.
14. Amendments to Terms
- Funky Monkey Cookies reserves the right to amend these terms at any time.
- The latest version will always be available upon request and on our website.
- A link to these Terms of Trade is included in every invoice email.