Terms & Conditions
Gold Star Imports provide their services to you subject to the following conditions. If you use our website, you accept these conditions. Please read them carefully.
PRICES
All prices exclude GST and freight. The prices displayed are wholesale prices. Gold Star Imports reserves the right to update prices at any time without prior notice.
MINIMUM ORDER
Minimum orders must be $500 or over (excluding GST and freight).
NEW ACCOUNTS
First orders are paid upfront then customers can apply for a 30 day credit account.
CREDIT APPLICATION
To apply for credit call head office 0894709322 and we will email you a credit application form along with the terms and conditions of credit or alternatively please download "credit application form" located on our website www.goldstarimports.com.au. Once the application is returned signed acknowledging you have read the terms and conditions of credit we will then process your application.
PRIVACY ACT
The applicant agrees to the Company obtaining from its Bank, credit reporting agencies or others a credit report containing personal credit information about the applicant in relation to commercial credit provided by the Company. The applicant agrees that the Company may give to and seek from any trade references or credit providers named in this credit application and any credit providers that may be named in a credit report issued by a credit reporting agency, information about the applicant’s arrangements. The applicant understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or received from each other under the Privacy Act. By signing this application as a sole trader, partner, trustee, director or guarantor I personally agree that the Company may to the extent permitted by law provide any items of my personal information described in s18E of the Privacy Act 1988 to a credit reporting agency
The applicant agrees that the Company may continue to seek or give commercial/consumer credit information relating to the applicant’s credit worthiness and relating to the collection of overdue payments.
GUARANTEE
WE the person(s) who have signed this Guarantee (“the Guarantor”) IN CONSIDERATION of the Company granting to the Applicant the facilities specified below do hereby jointly and each of us severally guarantee payment of the Applicant’s account and all monies now or hereafter owed by the Applicant to the Company and the due and punctual performance of the Applicant’s obligations under the Terms and Conditions below. This guarantee is a continuing guarantee and is irrevocable until the Company has been paid all monies owing to it by the Applicant.
​
INDEMNITY
As a separate independent agreement each Guarantor shall hold the Company fully indemnified against all loss or damages suffered as a result of the whole or any part of the amount owed by the Applicant to the Company not being recoverable from the Applicant and/or the Guarantor(s) by reason of any legal limitation or any act or circumstances whether known to the Company or not.
​
CONTINUING GUARANTEE
The continuing guarantee herby created shall remain in full force and effect and shall not be discharged until the expiry of not less than 7 months from the date of receipt of last payment by the company from the Applicant and/or Guarantor(s) in satisfaction of monies due to the Company.
​
TERMS AND CONDTIONS OF CREDIT
All accounts unless otherwise agreed in writing shall be paid upon delivery of the goods by the Company to the Applicant. Disputes and/or claims do not constitute grounds for non-payment of amounts other than those in dispute.
2. The Applicant cannot use the credit facility until it receives notice in writing from the Company stating that the facility has been granted and until then all accounts from the Company shall be on a cash basis upon delivery of the goods and/or completion of those services.
3. (a) Unless the Company agrees in writing to the postponement of payment of any monies owing to the Company by the Applicant interest shall be payable by the Applicant on the highest debt balance of each calendar month on monies owing by the Applicant to the Company calculated weekly from the date the monies became due until the actual date of payment at a rate of 15% per annum provided that, the Company may at any time serve on the Applicant a notice varying as from the future date specified therein the interest rate, and the interest rate shall be varied as therein provided from the date therein specified, being a date no less than (7) days after the date of service of such notice.
(b) Payments received by the Company will be applied firstly in reduction of interest payable and accruing from month to month; and secondly in reduction of all other monies owing to the Company until such time as all monies owing to the Company have been paid in full.
4. The Company may withdraw the facility at any time without notice or the Company may from time to time or at any time increase or decrease the limit (if any) of facility provided without notice to the Applicant or the Guarantor (if any).
5. All goods are supplied on the Company’s Standard Conditions of Sale, which are available on request. All risks in any goods ordered by the Applicant shall be deemed to pass to the Applicant on the date of delivery to the Applicant’s premises and:-
(a) The Applicant hereby acknowledges that the goods supplied by the Company shall remain the property of the Company until the Company receives payment for the same.
(b) the Company hereby agrees to allow the Applicant to deal, sell or trade with the goods in the normal course of business and for the Applicant to retain the sale proceeds of such sale or dealing provided that the Applicant adheres to the terms and conditions of the Agreement.
6. Any legal costs, stamp duties or any other expenses whatsoever incurred by the Company in respect of the Applicant, agreements, guarantees, securities or other documentation required by the Company or other costs reasonably incurred by the Company in consequence of this Application and any other expenses incurred in respect of opening and maintaining any account in the name of the Applicant together with any collection costs, dishonoured cheque(s) fees, legal costs, whether charged on scale or any other basis incurred, shall be paid by the Applicant on demand.
7. If the Applicant:
(a) Defaults in the due and punctual observance of all or any of their obligations under any contract arising out of this Application; or
(b) Being a person, dies, commits an act of bankruptcy; or
(c) Being a company, takes or shall have taken any action against it for its winding up, placement under Management, Administration and/or Receivership then the company without prejudice to any rights or remedies open to it may:
i. Treat as discharged all or any obligation arising from any agreement with the Applicant.
ii. Retain any security given or monies paid by the Applicant or available through the enforcement of any guarantee, security or bond and apply this reduction of any sum which may be lawfully recovered by the Company.
iii. Reserve the right to enter upon the Applicant’s premise or elsewhere to take possession of and remove any goods for which full payment has not been received. The legal and equitable interest and title in the said goods shall therefore not pass until full payment has been received by the Company.
iv. Take such steps as it may deem necessary to mitigate the damages suffered including the putting to use, hiring out, sale or disposal of any goods supplied or to be supplied by the contract and its possession.
8. Should there be any variation to any of the information supplied by the Applicant to the Company or in the structure of the Applicant’s business (such as conversion to or from a company or trust) the Company shall forthwith be notified in writing by the Applicant. Unless notification of such variation or change is given and accepted in writing by the Company the original Applicant and those persons who signed as Guarantors on this Application Form shall remain liable to the Company as though any goods or services supplied by the Company were supplied to the original Applicant.
9. The company shall not be deemed to have waived any of the terms or conditions of this Application or agreed to any variation thereof unless it has done so expressly in writing and signed by the Company.
10. Where there is any inconsistency between the terms and conditions of this Application and any subsequent agreement for the supply of goods, and the Standard Terms and Conditions of Sale, the documents shall be interpreted giving priority first to the subsequent agreement, second to the Standard Terms and Conditions of Sale and third to the terms and conditions of this Application.
11. In these terms and conditions words in the singular shall be construed so as to include the plural and words in the masculine gender shell be construed so as to include every other gender.
12. Where the Applicant is a trustee:
a. The Applicant agrees to produce a stamped copy of the trust deed (with all amendments) if and when requested by the Company;
b. The Applicant warrants that it has full power and authority for the benefit purposes and objects of the trust to make this Deed on behalf of the trust and that it shall be bound by the terms of this Deed both personally and as trustee; and
c. The Applicant confirms that the trustees shall be liable for the account and that in addition the assets of the trust shall be available to meet payment of the account.
13. The Applicant hereby agrees that the facility hereby applied for does not extend to any transaction and the Applicant will not use the facility for any transaction which is or may be a “credit contract” regulated by the National Credit Code.
14. The Applicant and the Guarantor (if any) do hereby agree that for the purposes of securing the liability and obligations hereunder of each of them they do hereby charge with the due and punctual payment and the due and punctual and complete performance by each of them of all their liabilities and obligations hereunder all their real property both present and future and each of the Applicants hereunder. The continuing guarantee created herein shall remain in full force and effect and shall not be discharged until the expiry of not less than seven (7) months from the date of receipt of the last payment by the Company form the Applicant in satisfaction of any monies due by the Applicant made by or on behalf of the Applicant.
15. The Applicant and the Guarantor (if any) agree that the certificate of the Company or any person authorised by the Company to give the same shall be conclusive evidence as to the amount owing to the Company by the Applicant and Guarantor.
16. The Company reserves the right to use the services of a mercantile Agency.
17. The Applicant and the Guarantor agree that the law of Western Australia shall apply to this Applicant and its/their dealings with the Company and The Applicant, Guarantor and the Company consent to the jurisdiction of the relevant Court in the said State.
18. The Applicant and every person signing this document warrants that all of the information provided in this document is true and correct and is not misleading, whether by omission or otherwise, and indemnifies the Company against any loss, claim, damage or expense that the Company may suffer by reason of any breach of this warranty.
19. To the extent that the Personal Property Securities Act (Cth) (‘PPSA’) applies to the supply of the goods to the Applicant, the Applicant affirms that the goods are inventory and acknowledges that Company may register a purchase money security interest in respect of the goods and exercise its rights under the PPSA. The Company’s rights under these terms are in addition to and not limitation of Company’s rights under the PPSA.
The Applicant shall sign further documents and do further things necessary to perfect and protect the Company’s rights under the PPSA. The parties agree to exclude the operation of ss. 95, 121(4), 129, 130, 132(3)(d), 132(4), 135, 137, 142 and 143 of the PPSA. The Applicant waives its right under s.157 of the PPSA to receive notice of any verification of any registration. Words and phrases defined in the PPSA have the same meaning in these terms.
​
PAYMENT METHODS
We accept Credit Card (Visa and Mastercard only), Cheque and Direct Deposit.
ELECTRONIC COMMUNICATIONS
When you visit Gold Star Imports website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gold Star Imports and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gold Star Imports and protected by international copyright laws. All software used on this site is the property of Gold Star Imports or its software suppliers and protected by international copyright laws.
WEBSITE ACCESS
Gold Star Imports allows you to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gold Star Imports. This access does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gold Star Imports.
MARKETING
Gold Star Imports from time to time markets latest promotions and upcoming products to their registered clients. If you do not wish to receive any marketing material from Gold Star Imports you can opt out anytime by unsubscribing and Gold Star Imports will take you off their mailing list
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
COPYRIGHT COMPLAINTS
Gold Star Imports respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Gold Star Imports are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Gold Star Imports attempt to be as accurate as possible. However, Gold Star Imports does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gold Star Imports itself is not as described, your sole remedy is to return it in unused condition. We reserve the right to amend errors or to update product information at any time without prior notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GOLD STAR IMPORTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOLD STAR IMPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOLD STAR IMPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOLD STAR IMPORTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GOLD STAR IMPORTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLD STAR IMPORTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Gold Star Imports, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of use and any dispute of any sort that might arise between you and Gold Star Imports.
DISPUTES
Any dispute relating in any way to your visit to Gold Star Imports or to products you purchase through Gold Star Imports shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate Gold Star Imports intellectual property rights, Gold Star Imports may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, when posted on this site. These policies also govern your visit to Gold Star Imports. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining