These Terms and Conditions ("Agreement") govern the sale and purchase of products ("Products") by The Fifth Design PTY LTD ("Seller") to the customer ("Buyer"). By placing an order with the Seller, the Buyer agrees to be bound by the terms of this Agreement.

Payment Terms

1.1 Payment Obligation: The Buyer shall remit payment for the Products in the amount specified in the invoice provided by the Seller.

1.2 Deposit Requirement: The Buyer agrees to pay a non-refundable deposit constituting 50% of the total invoice amount prior to the commencement of Product production. The balance is due before the shipment or delivery of the Products.

1.3 Accepted Payment Methods: The Seller accepts payments through bank transfer and credit card, in the currency stipulated by the Seller.

1.4 Due Dates for Payment: The deposit is payable within thirty (30) days from the invoice date. The balance must be settled before the shipment or delivery of the Products, unless otherwise mutually agreed in writing.

1.5 Late Payment Penalties: Late payments will incur interest at a rate of 5% per month or the maximum rate permissible by law, whichever is lower.

Product Customisation and Branding

2.1 The Seller offers customisation options, including but not limited to, engraving on chopping boards and coasters.

2.2 Pre-production mockups for customisations will be provided for the Buyer's approval.

2.3 The Seller will transparently communicate specifics regarding logo placements and product customisation options.

2.4 Customisations may impact the processing times of orders.

Compliance with Legal Regulations for Wine-Inclusive Gift Boxes

3.1 In compliance with Australian law, gift boxes containing wine must be dispatched directly to the recipient, who must be of legal drinking age (18 years or older).

Guarantee under Australian Consumer Law

The Buyer's rights under the Australian Consumer Law are paramount. Products are accompanied by guarantees that cannot be excluded under the Australian Consumer Law. The Buyer is entitled to refunds, replacements, or compensation, as applicable.

Variations in Organic Materials

5.1 The Buyer acknowledges that resin and wood are organic materials subject to natural variations and imperfections.

5.2 Each product will have a distinctive appearance due to the inherent variances in colour, pattern, and texture. The Buyer accepts such variations as characteristic of the Products.

5.3 The Seller cannot guarantee an exact match to any sample, image, or previous order due to the organic nature of the materials. Such variations shall not be deemed as defects.

Bulk Orders

6.1 Orders exceeding fifty (50) units are considered bulk orders and may be eligible for discounts or concessions.

Personalised Resin Designs

7.1 The Seller's artist will present nine (9) colour palettes based on the Buyer's brand colours for consideration. Additional samples require a fee of $190 for rework. The Buyer acknowledges the inherent variability of resin and agrees to the creative process, understanding some aspects of resin cannot be altered.

Product Origin

8.1 The resin chopping boards are handcrafted by The Fifth Design on the Sunshine Coast. The Seller supports Australian suppliers for most perishable items and partners with an artisanal warehouse in India for the production of bowls, coasters, and cheese knives.

Shipping, Warranty, and Disclaimer

9.1 Shipping Warranty: The Buyer may opt for a shipping warranty to cover potential transit losses or damages, subject to separate terms provided by the carrier or insurer.

9.2 Disclaimer: The Seller is not liable for any loss, damage, or delay occurring post-handover to the shipping carrier. The Buyer bears the responsibility for filing claims for any such incidents with the carrier.

General Provisions

10.1 Entire Agreement: This Agreement represents the complete agreement between the Seller and the Buyer, superseding all prior discussions, agreements, or understandings.

10.2 Severability: Should any provision of this Agreement be deemed invalid or unenforceable, the remainder shall continue in full force.

10.3 Amendments: Modifications to this Agreement are valid only if documented in writing and signed by both parties.