Terms & Conditions

1. About us

1.1 Company details. AVODAH GLOBAL PTY LTD bearing company number ACN 649 238 988 trading as AVODAH GLOBAL (ABN 43 649 238 988) (we and us) is a company registered under the Corporations Act 2001 (Cth) and our registered office is at Level 4 126 Barry Parade, Fortitude Valley Queensland 4006, Australia. We operate the website https://avodahglobal.org/ .

1.2 Contacting us. To contact us, please use the contact form available on the website. How to give us formal notice of any matter under the Agreement is set out in clause 19.2.

2. Definitions and Interpretation

2.1 In this Agreement, the following terms shall have the meanings ascribed to them below:

“Manufacturer” means Avodah Global Pty Ltd (ACN 649 238 988) and its successors and assigns, and any person acting with the authority of Avodah Global Pty Ltd;

“Customer” means the party entering into this Agreement with the Manufacturer and receiving Goods and/or Services from the Manufacturer, including any person acting with the Customer’s authority;

“Goods” mean any garments or materials manufactured, supplied or sold by the Manufacturer to the Customer pursuant to this Agreement, as described in invoices, quotations or similar documents furnished by the Manufacturer to the Customer and the Specifications furnished by the Customer to the Manufacturer (including any Services that may be provided by the Manufacturer in the supply of the Goods);

“Services” mean any services provided by the Manufacturer to the Customer under this Agreement, including advice, recommendations and support;

“Specification(s)” means any specifications for the Goods ordered by the Customers, including any designs, pattern-making, fabrics, packaging and labelling requirements and so on that is agreed in writing by the Customer and the Manufacturer in relation to the Goods ordered. 

“Terms” has the meaning ascribed to it in clause 3.1;

“Price” means the total cost of the Goods as agreed between the Manufacturer and Customer in accordance with these Terms;

“Quote” has the meaning ascribed to it in clause 5.1.

3. User Agreement

3.1 Our Agreement. By using the https://avodahglobal.org/website (website) you accept these terms and conditions (Terms) that apply to the order(s) placed by you and supply of Goods by us to you (Agreement) and our Privacy Policy. No other terms are implied by trade, custom, practice or course of dealing. This Agreement is between you and Avodah Global Pty Ltd (referred to in this Agreement as “Avodah Global”, “we”, “us” or “our”). We may change these Terms at any time, and changes will be posted on the website. By continuing to use the website or requesting a quote via our website contact form or via email (Purchase Order(s)), you agree to be bound by the changes.

3.2 Entire agreement. The Agreement, these Terms and any policies posted on the website or regarding the website constitute the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Agreement.

3.3 Language. These Terms and the Agreement are made only in the English language.

4. Access and Use of the website 

4.1 You must only use the website through the interfaces provided by us and in accordance with these terms and any applicable law. 

4.2 You are responsible for ensuring that anyone who accesses our website through your internet connection is aware of these Terms and that they comply with them.

4.3 We do not guarantee that the website will be secure or free from bugs or viruses. You should use your own virus protection and software.

4.4 You must not (or attempt to): 

(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our website or the servers or networks that host our website; 

(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site; 

(c) interfere (or attempt to interfere) with security-related or other features of our site; or

(d) use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

4.5 We may refer fraudulent or abusive or illegal activity to the relevant authorities.

4.6 We do not warrant that the website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our website.

5. Placing an order and its acceptance

5.1 Placing your order. You may place your order together with the Specifications by requesting an itemised and detailed quote (Quote) setting out the details of your order request via a Purchase Order. Subject to your Specifications and requirements, we will send you a product development Quote and/or a production Quote.

Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. 

5.2 Correcting errors. Our order process allows you to check and amend any errors or request any changes to the Quote within 7 days of receiving the Quote via email as long as the Quote is not yet accepted. All Quotes are valid for 7 days and subject to change if not accepted within this time.  

5.3 Accepting your order. If you are satisfied with the Quote provided to you, you may confirm acceptance of the Quote via email or by clicking ‘accept’ in the Quote link sent to you. Following your acceptance of the Quote, we will issue you an invoice detailing the payment terms, due dates and milestones. You agree and acknowledge that the invoice may require full or partial upfront payment depending upon your Specifications. You also acknowledge that shipping will incur an additional and separate Quote and invoice. Once the Quote has been accepted, any changes requested by the Customer will incur an additional $USD150 change fee plus time and materials, which will be solely at the discretion of the Manufacturer. 

5.4 If we cannot accept your order. If we are unable to supply you with the Goods for any reason including but not limited to circumstances where we believe there may be:

(a) a credit card or payment fraud (detected prior to the Goods being shipped), or

(b) where your order cannot be shipped, or 

(c) an error in the Price or Goods description on the Quote, 

we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount. 

5.5 Inability to fulfil order for reasons beyond our control. We reserve the right to notify you that Goods for which you placed orders cannot be produced for reasons beyond our control. Your order may be delayed, or you may receive a full refund or credit (at your election) in the event we cannot fulfil your order.

5.6 Stock availability. Acceptance of any orders by email will be subject to the availability of stock of materials required to manufacture the Goods. We are under no obligation to maintain stocks of materials at any given time for the Goods ordered by you. 

5.7 Cancellation.Subject to clause 12.5, once your order has been confirmed, it cannot be cancelled. 

6. Our goods

6.1 We will make reasonable efforts to ensure the Goods match the sample garments and Specifications, however, minor variations in designs, sizing, material or details may occur.

6.2 The packaging and product labels of your Goods may look visually different from the Specifications provided to us.

6.3 Our labelling information is provided as a guide only and it will be your responsibility to ensure: 

(a) the accuracy of the labelling information; 

(b) conformity of the Goods to the label; 

(c) that the sale of the Goods complies with all applicable laws and regulations of Australia and/or the country for which the Goods are destined. 

6.4 We may need to substitute the materials or components specified to us as per the Specifications according to availability of such materials or components. Where possible, substitutes of such materials or components utilised in manufacturing the Goods will be of equal or better quality.

6.5 We reserve the right to amend the Specifications of the Goods if required by any applicable statutory or regulatory requirement.

6.6 Please note that any request for additional samples will incur a separate invoice, which is solely at the Manufacturer’s discretion. 

7. Our customers. 

7.1 The Manufacturer operates exclusively as a wholesale manufacturer, supplying Goods to customers for commercial purposes. A customer that desires to place an order with the Manufacturer must satisfy minimum order quantities subject to clause 8 below and the Customer represents that such orders are for the commercial manufacture of products intended for resale or distribution under the Customer’s own brand or labels. The Manufacturer does not accept retail orders or orders for non-commercial or personal end use Goods. 

7.2 The artwork for the packaging and product labels required for bulk orders placed by wholesale Customer(s) shall be specifically provided to the Manufacturer along with the Specifications at the time of accepting a Quote. Your request will be reviewed and approved by us, subject to legal compliance and other requirements, and thereafter the Goods will be manufactured based on the order quantities and as per the custom Specifications that may be provided by the Customer(s) and accepted by us. The pricing for bulk orders will be assessed and reviewed by us on a case-by-case basis taking account of the price variations of the materials. 

8. Minimum order value 

8.1 Due to the nature and scale of the Manufacturer’s wholesale manufacturing operations, all orders placed with the Manufacturer pursuant to this Agreement shall be subject to minimum order value thresholds.

8.2 The standard minimum order is 50 units. For certain customised textile products, suppliers will require a higher minimum bulk order of input materials. This will be notified to you in your production Quote.

8.3 Where an order contains multiple styles, fabrics, products or variants thereof, the minimum order value shall apply to the aggregate value of all items in the order prior to the application of any discounts or rebates.

8.4 The Manufacturer reserves the right to refuse any order which does not meet the minimum order value.

9. Delivery, transfer of risk and title

9.1 We will arrange delivery of the Goods once the final payment as stipulated in the invoice has been settled in full by the Customer. For the avoidance of doubt, no Goods will be shipped until full payment has been made. 

9.2 Delivery is complete once:

(a) the Customer takes possession of the Goods at the Manufacturer’s premises upon being notified that the Goods are ready for collection; or

(b) a shipping carrier engaged by the Customer or organised by the Manufacturer on behalf of the Customer takes possession of the Goods, in which case the said carrier shall be deemed the Customer’s agent for the purposes of receipt of the Goods;

and the Goods will be at your risk from that time onwards.

9.3 Delivery Costs

The Manufacturer shall have the sole discretion to determine whether the costs of delivery shall be:

(a) included in the Price; or

(b) borne separately by the Customer.

9.4 Customer’s Obligations

The Customer shall be responsible for taking all necessary steps to accept delivery of the Goods when tendered. If the Customer is unable to or fails to accept delivery as arranged, the Manufacturer may charge reasonable additional fees for any subsequent delivery attempts.

9.5 Delivery to Third Parties

Delivery to any third party designated by the Customer shall be deemed delivery to the Customer for the purposes of this Agreement.

9.6 Instalment Delivery

The Manufacturer reserves the right to effect delivery of the Goods in instalments. Each instalment shall be invoiced and paid for independently pursuant to the Terms herein.

9.7  9.7 Delayed Delivery

Failure to deliver the Goods in a timely manner, whether in whole or in part, shall not entitle either party to treat this Agreement as repudiated on account of such delay alone.

9.8 Liability for Delay or Non-Delivery

(a) Under no circumstances shall the Manufacturer incur liability for losses caused by any delay in delivery or failure to deliver the Goods for any reason.

(b) If we fail to deliver the Goods, our liability is limited to the cost of providing replacement goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply and delivery of goods.

9.9 You own the Goods once we have received payment in full, inclusive of all applicable delivery charges, taxes and duties.

9.10 If you fail to accept delivery within seven (7) days after the day on which you have been notified that the Goods are ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance, selling costs (including cost of delivery) and any shortfall between the resale price and the price you paid for the Goods.

9.11 If you opt to organise delivery, it is your responsibility to ensure that the Goods are collected within seven (7) days after the day on which you have been notified that the Goods are ready for delivery. 

10. International delivery

10.1 We deliver internationally on a country-by-country basis. (Delivery Destinations). 

10.2 Once you have placed an order for Goods for delivery to one of the Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict the amount. 

10.3 Where Goods are shipped to our Australian office prior to delivery to the Customer, all customs and import duties and taxes payments borne by us must be paid by the Customer prior to delivery. 

10.4 The cost of delivery will depend on the delivery location (please see clause 12.4 below) and the quantity of Goods ordered. 

10.5 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

10.6 You must comply with all applicable laws and regulations of the Delivery Destinations for which the Goods are destined. We will not be liable or responsible if you break any such law.

11. Return and refund

11.1 You may not cancel or change the order and the Agreement once you have made any full or partial payment of an invoice.

11.2 You must check your package for any physical damage prior to accepting delivery and if there are any damages you must not accept delivery. We will not be liable for Goods which are damaged in transit if the Proof of Delivery (POD) is signed and goods are accepted.

11.3 If there is an issue with the order, you must inform us within thirty days (30) days of the Goods being delivered with photographic evidence. If we are satisfied that the Goods have not been damaged in transit and that they are faulty or misdescribed, we will inform you in writing that you can return the Goods to us. Once we have received the Goods, we will replace or repair the Goods at our sole discretion.

11.4 You must return the Goods to us without undue delay and in any event not later than fourteen (14) days after the day on which we have informed you in writing that you can return the Goods to us. You must bear the cost of this returns process. Goods can be sent back to our returns address PO Box 310, Fortitude Valley QLD 4006 Australia.

11.5 For the avoidance of doubt, liability for defects caused by improper storage or use on the part of the Customer shall be excluded.

12. Price of goods, storage and delivery charges

12.1 The prices of the Goods will be set out in a separate quotation for bulk orders. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see 12.5 for what happens if we discover an error in the price of Goods you ordered or there is a change of price of the Goods between the order date and dispatch date due to any significant tariff changes relating to the materials used in the manufacture of the Goods.

12.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

12.3 The applicable current rate of GST chargeable in Australia for the time being will be communicated to you via email. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Goods in full before the change in GST takes effect.

12.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you when submitting our quotation via email, before you confirm your order. The delivery costs will also vary depending on weight and dimensions of the package and the place of delivery.

12.5 We sell a large number of Goods through Purchase Order and customised Quotes. It is always possible that, despite our reasonable efforts, some of the Goods may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

12.6 In certain circumstances, we may be required to procure excess raw materials to fulfil your Specifications or forecasts. In such cases, you shall have the option to store the excess raw materials either with a third-party storage facility of your choice or with the Manufacturer for a fee specified by the Manufacturer. However, it is expressly understood and agreed that the decision to store excess raw materials with the Manufacturer or a third party is solely at the discretion and risk of the Customer. The Manufacturer shall not assume any liability for the storage, condition, or safety of the excess raw materials and the Customer acknowledges that any loss, damage, deterioration, or disposal of excess raw materials stored with the Manufacturer or a third party shall be the sole responsibility and liability of the Customer. 

13. How to pay

13.1 You can only pay for Goods by way of a bank transfer or wire transfer to our nominated account.

13.2 Payment for the Goods and all applicable delivery charges is in advance. 

13.3 We may grant credit approval at our sole discretion. In the event credit approval has been provided by us and Goods are sold on credit, the payment for such Goods shall be made within fourteen (14) days from the time the delivery of the order is accepted by you. In the event we are holding a stock of Goods and the units are dispatched individually, payment shall be made within fourteen (14) days from the time the batch was manufactured (which will be notified to you), or as stated otherwise in the invoice issued to you.

14. Proprietary Rights

14.1 You acknowledge and agree that the Goods and website are protected by copyrights, trademarks, patents or other proprietary rights and laws. All rights are expressly reserved by us.

14.2 You shall not use the Trade Mark, Trade Name or Brand of any other intellectual property rights of Avodah Global, whether design or word, as part of your own trade mark, in any manner that is likely to cause confusion and or in any manner which shall cause damage to our reputation.

14.3 You are only allowed to use the Trade Mark as set out in this Agreement and nothing in this website and/or the Goods shall be construed as conferring any license or other transfer of rights to you of any of our intellectual property or other proprietary rights.

15. Indemnity

15.1 You hereby agree to fully indemnify and hold harmless Avodah Global and our directors, officers, employees and agents from and against any claim brought by a third party resulting from the use of the website and use or sale of the Goods in respect of all losses, costs, actions, proceedings, claims, damages, expenses, including legal costs and expenses or liabilities whatsoever, suffered or incurred directly or indirectly by Avodah Global in consequence of such use of the website or use or sale of the Goods or your breach or non-observance of these Terms and the Agreement.

15.2 You shall defend and pay all costs, damages, awards fees, including legal fees and judgments awarded against Avodah Global arising from or out of the above claims, and shall provide us with notice of such claims, and reasonable assistance necessary to defend such claims at your sole expense.

16. Our warranty for the goods

16.1 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

16.2 These Terms also apply to any replacement Goods supplied by us to you.

17. Our liability

17.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website or our social media pages;

(b) you acting or not acting, on any information contained on or referred to on the website and/or any linked website or our social media pages;

(c) personal injury or property damage of any nature resulting from your access to or use of the website;

(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or

(g) the quality of any product or service of any linked sites.

17.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. 

17.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

17.4 Except as required by law, in no event shall we be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we have no responsibility for the legality of your actions.

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our reasonable control (Event Outside Our Control). 

18.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 

19. Communications between us

19.1 When we refer to “in writing” in these Terms, this includes email.

19.2 Any notice given under or in connection with the Agreement must be in writing and be delivered by email.

19.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20. General

20.1 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Agreement to another entity but we will always notify you by posting on this website if this happens.

(b) You must not assign or transfer your rights or your obligations under the Agreement to any third party. 

20.2 Variations and Modifications.We reserve the right to make changes and modifications to our website, policies and these Terms at any time.

20.3 Waiver. If we do not insist that you perform any of your obligations under the Agreement, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

20.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5 Third party rights. The Agreement is between you and us. No other person has any rights to enforce any of its terms.

20.6 Governing law and jurisdiction. The Agreement is governed and construed in accordance with the laws of Queensland, Australia and you hereby submit to the exclusive jurisdictions of the courts of Queensland, Australia.