TERMS AND CONDITIONS OF SALE FOR STOCKISTS OF EWA TRIBAL JEWELRY

1. DEFINITIONS

In this document the following words shall have the following meanings:

“Buyer” means the organization or person who buys Goods;

“Goods” means the jewelry to be supplied to the Buyer by the Seller;

“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

“Seller” means EWA TRIBAL JEWELRY – EWA COLLECTIVE – ABN 66896837894

2. MININUM ORDER

It is required that a minimum order of AU$1000 is placed to receive the goods at the Wholesale Price outlined in EWA TRIBAL JEWELRY’S LOOK BOOK. However, contact Bianca if further discussions are required to suit your business.

3. PRICE AND PAYMENT

The price shall be the price as indicated in EWA’S LOOK BOOK provided to the Stockists. The price is exclusive of GST or any other applicable costs unless indicated otherwise.

50% deposit to be made on the initial Wholesale order, remaining 50% to be paid in full on completion of production, and prior to shipping to Stockist’s location. All shipping costs and Insurances to be paid by the Buyer.

Any acquired bank/transfer fees are to paid by the buyer – Stockist.

4. PRODUCTION TIME OF STOCKIST ORDER

From the date of initial order, it will take approximately 4 weeks for a Stockist’s order to be completed. Each piece will be individually hand made to the descriptions outlined in EWA’S Look Book. However, as each piece is individually made, variations in texture and tone may occur.

5. DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering the contract.

6. CARING INSTRUCTIONS

The Buyer acknowledges the following caring instructions for Goods and shall inform customers accordingly: The Goods should not be exposed to dishwashers, hot baths, showers, steam rooms, jacuzzi and swimming pools.

7. SAMPLE

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly because each item is individually handmade.

8. DELIVERY

Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer when making a purchase of EWA TRIBAL JEWELRY via Stockist order. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.

Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of receipt to enable replacement or refund.

9. RISK

Risk in the Goods shall pass to the Buyer upon receipt of the Goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first. Once a tracking number is passed to the Buyer, the risk is passed to the Buyer.

10. TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

11. RETURN OF UNUSED GOODS

All Goods are sold on a firm sale basis, i.e. the Seller will not take back any Goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.

Any returns must be authorized by a representative of the Seller before any credit will be given.

Where the Seller agrees to accept the return of Goods that are not damaged, the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any Goods that are damaged in any way. The Seller will only accept returns that appear in the Seller’s current Publication List.

Credit to a Stockist’s account will only be given for Goods that are in saleable condition. No cash refund is accepted.

12. LIMITATION OF LIABILITY

The Seller shall not be liable for any loss or damage suffered by the Buyer in excess of the contract price.

Nothing contained in these Terms and Conditions shall be construed to limit or exclude the liability of the Seller for death or personal injury because of the Seller’s negligence or that of its employees or agents.

13. INTELLECTUAL PROPERTY RIGHTS & COPYRIGHT

All Intellectual Property Rights produced from or arising because of the performance of this Agreement shall, so far as not already vested, automatically become the absolute property of the Seller. All creative concepts, designs, imagery are the sole ownership of EWA TRIBAL JEWELRY – EWA COLLECTIVE.

14. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

15. RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

16. ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

17. EWA JEWELRY RELATIONSHIP

I look forward to working together with you and your team in a supportive environment. Please don’t hesitate to contact me if ever there is a customer or product issue that hopefully we can work to resolve kindly together.

Bianca Todorov

EWA TRIBAL JEWELRY

EWA COLLECTIVE

ABN 66896837894

2025