INTRODUCTION

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1. General Information‍

• The services described in these Terms and Conditions are carried out by EPIC IMPORTS AND EXPORTS LIMITED.
• The website (https://www.epicsourcing.com.au) is owned and operated by EPIC ANZ MANAGEMENT LIMITED.

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TERMS AND CONDITIONS

Compliance with Australian Consumer Law (ACL)

1. Unfair Contract Terms
Our terms and conditions are designed to be fair and balanced. We avoid terms that could cause a significant imbalance in the parties' rights and obligations. If you believe any term in our contract is unfair, please contact us for a review.

2. Consumer Guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For goods:

• You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
• You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

For services:

• You are entitled to have the services supplied again or to a refund if the services fail to meet the consumer guarantees.
  

3. Misleading and Deceptive Conduct
We ensure that all representations and statements about our products and services are accurate and not misleading. If you believe any information provided is misleading or deceptive, please inform us immediately.

4. Lay-by Agreements
If you enter into a lay-by agreement with us, the following terms will apply:

• You will receive a written copy of the lay-by agreement.
• You have the right to cancel the lay-by agreement at any time before taking possession of the goods.
• A termination fee may apply if you cancel the lay-by agreement, which will be outlined in the agreement.
  

5. Warranties Against Defects
In addition to your statutory rights, we offer the following warranty against defects:

• The warranty covers defects in materials and workmanship.
• The warranty period is one year from the date of purchase.
• To make a claim under this warranty, please contact us at gday@epicsourcing.com.au with proof of purchase and a description of the defect. We will cover the costs of remedying any defects covered by this warranty.
  

6. Refunds and Returns
Our refund and return policy complies with the Australian Consumer Law:

• You are entitled to a refund, repair, or replacement for major problems with a product.
• For minor problems, we may choose to repair the item instead of offering a refund or replacement.
• Please retain your receipt as proof of purchase.
• To initiate a return or refund, please contact us at 0466 878 127  with details of the issue.

CLEAR DEFINITIONS

‍To ensure clarity and avoid misunderstandings, the following terms are defined as follows:

"Goods":

Refers to all products offered for sale by EPIC IMPORTS AND EXPORTS LIMITED.

"Services":

Refers to all services provided by EPIC IMPORTS AND EXPORTS LIMITED.

"Customer":

Refers to any individual or entity that purchases or uses the Goods and Services provided by EPIC IMPORTS AND EXPORTS LIMITED.

"Company":

Refers to EPIC IMPORTS AND EXPORTS LIMITED, including its employees, agents, and representatives.

“Agreement":

Refers to the entire set of terms and conditions, including any policies or documents referred to within these terms.

“Purchase":

Refers to the act of buying Goods or Services from EPIC IMPORTS AND EXPORTS LIMITED, whether through our website, in-store, or through other authorised channels.

"Contract":

Refers to the legally binding agreement between the Customer and the Company upon acceptance of an order or the signing of a service agreement.

"Order":

Refers to a request by the Customer to purchase Goods or Services from the Company.

"Delivery":

Refers to the transfer of physical possession of Goods from the Company to the Customer or their designated recipient.

"Warranty":

Refers to the Company's commitment to repair, replace, or provide a refund for Goods or Services that do not meet specified quality or performance standards, subject to the terms of the warranty.

"Website":

Refers to the Company's online presence at www,epicsorcing.com.au, where Goods and Services can be viewed and purchased.

"Business Day":

Refers to any day other than a Saturday, Sunday, or public holiday in New Zealand.

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OUR SERVICE

1. Service Description

EPIC IMPORTS AND EXPORTS LIMITED offers a range of Goods and Services designed to meet the needs of our customers, including but not limited to consulting, product sales, technical support, etc.

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HOT SOURCE

1. Service Overview

Hot Source is our comprehensive product sourcing hub tailored for eCommerce entrepreneurs in Australia. We specialise in helping businesses find and secure high-quality products from industry-leading suppliers.

2. Consultation and Discovery

We begin with a personalised consultation to understand your eCommerce business needs and goals. Based on this information, we create a customised plan to kickstart your product sourcing journey.

3. Supplier Match

Our team will match you with reliable suppliers that can provide the specific products you need to build your brand. We only work with verified suppliers to ensure quality and reliability.

4. Sampling, Customisation, and Packaging

We coordinate the sampling process, allowing you to assess product quality firsthand. We also assist with product customisation and packaging to help your brand stand out in the market.

5. Order Placement and Shipping

Once you have approved your samples, we facilitate the order placement and manage the shipping logistics from the factory to your desired location, ensuring timely and cost-effective delivery.

6. Fulfilment and Inventory Management

We offer solutions for fulfilment and inventory management, helping you maintain a smooth and efficient supply chain. Our ongoing support ensures your operations run seamlessly. Fulfilment and inventory management is not included in the price of the Hot Source package. A custom quote will be provided upon request.

7. Ongoing Support

Our commitment extends beyond just sourcing products. We provide continuous support and guidance to help your business grow and succeed. Think of us as your dedicated sourcing team.

8. Benefits of Our Service

• Reliable Supplier Network: We connect you with reputable suppliers, reducing the risks associated with unreliable sources.
• Quality Assurance: Our thorough sampling and quality control processes ensure you receive only the best products. ‘Best’ is a high bar. Suggest changing to - products that meet or exceed your expectations for quality.
• Personalised Assistance: Each business is unique, and our account managers tailor our services to meet your specific needs.
• Time and Cost Savings: Leverage our expertise to save time and money, allowing you to focus on other aspects of your business.

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OUT SOURCE

1. Service Overview

Out Source is designed for small to medium-sized enterprises (SMEs) in Australia looking to build scalable supply chains and source high-quality products directly from verified suppliers and manufacturers.

2. Comprehensive Sourcing Packages

We offer two main packages, covering all aspects of product sourcing and supply chain setup:

Stage 1: Prospecting, Feasibility, and Sampling

• Consultation & Research: We start with a detailed consultation to understand your business needs and goals.
• Manufacturer Prospecting & Verification: We find and verify suitable manufacturers for your products.
• Preliminary Quotes: We provide initial quotes to give you an idea of costs.
• Sample Order & Shipping Coordination: We handle the ordering and shipping of product samples.
• Sample Assessment & Adjustment: We assess the samples and make any necessary adjustments.
• Detailed Quotes & Landing Costs: We provide comprehensive quotes, including all associated costs.

Stage 2: Full Production and Supply Chain Setup

• Contract Negotiation: We assist in negotiating contracts with manufacturers.
• Order Placement: We manage the order placement process.
• Production Monitoring: We monitor the production process to ensure quality and timelines are met.
• Quality Control & Factory Visit: We conduct quality control checks and as part of this process we conduct factory visits as needed.
• Shipping & Logistics Management: We handle all aspects of shipping and logistics.
• Customs & Inbound Logistics Management: We manage customs clearance and inbound logistics.
• Post-Purchase Management: We provide support after your products arrive. In the unlikely event that there are issues with your products upon arrival, we will communicate with your manufacturer on your behalf to find a suitable solution.

3. Benefits of Our Service

• Expert Team: With specialist teams in Sydney, China, and Vietnam, we offer an expert sourcing ecosystem.
• Reliable Suppliers: We connect you with verified suppliers and manufacturers.
• Quality Assurance: Our thorough process ensures high-quality products.
• Efficient Supply Chain: We help build a robust and scalable supply chain.
• Transparent Pricing: We offer clear, cost-effective pricing without hidden fees.

4. Additional Services

• Supply Chain Diversification: Assess and optimise your supply chain, including shifting production or switching suppliers.
• Warehousing and 3PL Solutions: Affordable warehousing solutions in China, including consolidation, storage, picking, and packing.
• Freight Forwarding: Cost-effective shipping management from factory to final destination.
• Manufacturer Verification and Factory Audits: Verify suppliers and conduct factory visits to ensure compliance and quality.
• Quality Control Inspections: Conduct quality control checks to ensure products meet standards before shipment.

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SECRET SOURCE

1. Service Overview

Secret Source is our dedicated service for transforming your product ideas into tangible realities through custom manufacturing and product development.

2. Comprehensive Development Packages

We offer three stages of comprehensive packages to guide you through the entire product development process:

Stage 1: Manufacturer Prospecting and Feasibility Study

• Consultation & Research: We start with an in-depth consultation to understand your product concept and business goals.
• Design/ Drawing Finalisation: We help finalise your product design and drawings.
• Manufacturer Prospecting & Verification: We find and verify potential manufacturers.
• Preliminary Quotes: We provide initial cost estimates for production.

Stage 2: Prototype Manufacturing

• Planning and Milestone Setting: We establish a detailed plan and set development milestones.
• First Round Prototype Development: We coordinate the creation of initial prototypes.
• Testing and Adjustment: We manage the testing process and make necessary adjustments.
• Final Prototype Sign-Off: We ensure the final prototype meets your expectations.

Stage 3: Full Production and Quality Control

• Contract Negotiation: We assist in negotiating terms with manufacturers.
• Order Placement: We oversee the placement of your production orders.
• Production Monitoring: We monitor the production process to maintain quality and timelines.
• Quality Control & Factory Visits: We conduct quality checks and factory visits.
• Shipping & Logistics Management: We handle all aspects of shipping and logistics to ensure smooth delivery.

3. Benefits of Our Service

• Expert Team: Leverage our teams in Sydney, China, and Vietnam, along with a dedicated account manager.
• Reliable Manufacturers: Access our network of verified and industry-leading manufacturers.
• Streamlined Production Process: We manage the complex production process, ensuring your product development stays on track.
• Custom Solutions: We offer tailored services to meet your unique product development needs.

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2. Service Commitment

We are committed to providing high-quality Goods and Services that meet or exceed customer expectations. Our team is dedicated to delivering excellence in every interaction and ensuring customer satisfaction.

3. Service Availability

Our Goods and Services are available for purchase through our website, in-store, and through authorised distributors. We strive to maintain the availability of our products and services, but availability may vary due to demand, supply chain issues, or other factors beyond our control.

4. Service Areas

EPIC IMPORTS AND EXPORTS LIMITED provides services in New Zealand, Australia, and the United Kingdom. Some services may be limited to specific geographical areas due to logistical constraints.

5. Customer Support

We offer comprehensive customer support to assist with any inquiries or issues related to our Goods and Services. Customers can reach our support team via phone or email during our business hours (9am - 5pm).

6. Customisation and Special Requests

We understand that each customer may have unique needs. We offer customisation options and accept special requests where feasible. Please contact us to discuss your specific requirements.

7. Service Limitations

While we strive to provide the best possible service, certain limitations beyond our control may apply. These include but are not limited to technical constraints, product availability constraints, price fluctuations, and regulatory issues.

8. Feedback and Improvement

We value customer feedback and use it to continually improve our Goods and Services. Please feel free to share your thoughts and suggestions with us via email.

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PAYMENT TERMS

1. Accepted Payment Methods

We accept the following payment methods: credit card or bank transfer. Please contact us if your chosen payment method falls outside these options.

2. Payment Due Dates

Payments for Goods and Services must be made 100% in advance before services are provided or goods are shipped, unless otherwise agreed upon in writing.

3. Late Payment

Late payments may incur a late fee of 2% per month on the outstanding balance. We reserve the right to suspend or terminate services until all outstanding payments are settled.

4. Pricing and Taxes

All prices listed are in AUD and are exclusive of GST or any other applicable taxes unless otherwise stated. Taxes will be added to the total amount due as required by law.

5. Invoicing

Invoices will be issued upon order confirmation. All invoices will include a detailed breakdown of the charges, applicable taxes, and the total amount due.

6. Disputes and Adjustments

Any disputes or requests for adjustments to invoices must be made in writing within 14 days of the invoice date. We will review and address any valid concerns promptly.

7. Refunds and Returns

Refunds and returns are subject to our Refund and Returns Policy, which complies with applicable consumer protection laws. Please refer to the Refund and Returns Policy section for more details.

8. Currency

All transactions are processed in AUD. Any currency conversion costs or fees are the responsibility of the customer.

9. Security and Fraud Prevention

We take payment security seriously and use industry-standard encryption to protect your payment information. Any suspected fraudulent activity will be reported to the appropriate authorities.

10. Changes to Payment Terms

We reserve the right to modify these payment terms at any time. Any changes will be communicated to customers in advance and will apply to future transactions.

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DELIVERY AND RISK

1. Service Delivery

Our services are delivered in accordance with the agreed-upon timelines and specifications as outlined in the contract or order confirmation. We strive to meet all delivery deadlines, but unforeseen circumstances may cause delays. We will communicate any delays promptly.

2. Delivery Methods

Services are delivered through various methods depending on the nature of the service. This may include on-site visits, virtual consultations, digital deliverables, or other agreed-upon formats.

3. Acceptance of Services

Upon completion of each service milestone, you will be provided with a summary or deliverable for review. Acceptance of the service or milestone is deemed to occur once you have confirmed in writing or after a specified period without objection (typically 7 days).

4. Risk of Service Delivery

The risk associated with the service delivery remains with us until the service is deemed accepted by you. In cases where services are dependent on third-party providers, we manage these relationships to ensure quality and timeliness but cannot be held liable for their failures.

5. Delays and Interruptions

If delays or interruptions occur due to factors beyond our control, such as natural disasters, technical issues, market disruptions, or third-party actions, we will take reasonable steps to mitigate the impact. However, we cannot be held responsible for such delays.

6. Client Responsibilities

You agree to provide all necessary information, access, and cooperation required for us to deliver the services effectively. Any delays caused by your failure to meet these responsibilities may affect the service delivery timeline.

7. Limitations of Liability

While we aim to deliver our services to the highest standards, our liability for any claims arising from service delivery is limited to the value of the contract or order. We are not liable for indirect, incidental, or consequential damages.

8. Insurance

We maintain appropriate insurance coverage for our services. However, it is recommended that you also maintain relevant insurance to cover any risks associated with the service delivery.

9. Changes to Delivery Terms

We reserve the right to modify these delivery terms at any time. Any changes will be communicated to you in advance and will apply to future service engagements.

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RETURNS AND REFUNDS

1. Returns Policy

• Handling of Physical Products: While our primary services do not typically involve physical products, there are instances where customers provide us with samples or other materials.
• Samples and Materials: If you provide samples or other physical materials for our services, we generally do not return these items unless explicitly agreed upon by both parties. We are not responsible for any loss or damage to these items during the service process unless such an agreement is in place.
• Responsibility: Customers should ensure that any physical items provided to us are adequately insured or otherwise protected, as we do not assume liability for their loss or damage.

2. Refunds Policy

• No Refund Policy: Unless otherwise agreed upon by both parties, we do not offer refunds for our services. This policy is based on the nature of our work and the commitment of resources once a service is initiated.
• Agreement for Refunds: In cases where a refund is deemed necessary and agreed upon, the terms and conditions of such a refund will be clearly documented and signed by both parties.

3. Dispute Resolution

Resolution Process: Should any disputes arise regarding returns or refunds, we encourage customers to contact us directly to discuss and resolve the issue amicably. Our goal is to ensure a satisfactory outcome for both parties.

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LIMITATIONS OF LIABILITY

1. General Limitation

Our liability for any claims arising out of the provision of our services is strictly limited to the amount you have paid for the specific service giving rise to the claim. We are not liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, lost data, or business interruptions.

2. Exclusion of Warranties

Our services are provided "as is" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our services will meet your specific requirements or that they will be uninterrupted or error-free.

3. Third-Party Services

Where our services involve the use of third-party products or services, we are not liable for any issues arising from those third-party interactions. Any claims or disputes related to third-party products or services must be addressed directly with the third-party provider.

4. Client Responsibilities

You are responsible for ensuring that any information or materials you provide are accurate, complete, and do not infringe on the rights of any third party. We are not liable for any damages or losses arising from your failure to meet these responsibilities.

5. Force Majeure

We are not liable for any failure to perform our obligations due to causes beyond our control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, or governmental actions.

6. Maximum Liability

In no event shall our aggregate liability exceed the total amount paid by you for the specific service that gave rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

7. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your breach of these terms, or your violation of any rights of a third party.

8. Dispute Resolution

Any disputes arising from or relating to these terms and conditions shall be resolved through binding arbitration in accordance with the rules of Australian Dispute Centre, rather than in court. This provision does not apply to claims for injunctive relief.

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INTELLECTUAL PROPERTY

1. Protection of Customer's Intellectual Property

We are committed to protecting our customers' intellectual property (IP). Any information, designs, or proprietary materials provided to us will be treated with the utmost confidentiality.

2. Non-Disclosure Agreements (NDAs)

In cases where sensitive IP is involved, we are willing to sign non-disclosure agreements (NDAs) to formalise our commitment to confidentiality. These agreements outline the specific obligations and protections related to your IP.

3. Customer Responsibilities

Customers are responsible for taking necessary measures to protect their IP, including but not limited to registering patents, trademarks, or copyrights as applicable. We advise customers to ensure all legal protections are in place prior to engaging our services.

4. Third-Party IP Breaches

We are not liable for any breaches of IP rights caused by third parties. While we take all reasonable measures to protect your IP, customers must be aware of potential risks and take appropriate actions to mitigate them.

5. Use of Customer IP

Any use of customer IP by us will be strictly for the purposes agreed upon in our service contract. We will not use or disclose customer IP for any other purpose without explicit written consent.

6. Ownership of Developed IP

Any intellectual property developed during the course of our services that is based on customer-provided IP will remain the property of the customer. Any new IP created independently by us will be owned by us unless otherwise agreed in writing.

7. Indemnification

Customers agree to indemnify and hold us harmless from any claims, damages, or losses arising out of or related to third-party claims of IP infringement involving materials provided by the customer.

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GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law

These terms and conditions, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of New South Wales (NSW), Australia.

2. Jurisdiction

Any legal action or proceeding relating to these terms and conditions shall be brought exclusively in the courts of NSW, Australia. You consent to the jurisdiction of these courts.

3. Dispute Resolution

In the event of a dispute arising out of or relating to these terms and conditions, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations within 30 days, either party may request mediation before proceeding to arbitration or litigation.

4. Arbitration

If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration. The arbitration will be conducted in English, and the place of arbitration will be Sydney, NSW.

5. International Disputes

For disputes involving third parties from China and Vietnam, efforts will be made to resolve the issues through mutual agreement or mediation. If such disputes cannot be resolved amicably, arbitration may be conducted in a mutually agreed location, using internationally recognised arbitration bodies such as the International Chamber of Commerce (ICC).

6. Costs and Fees

Each party shall bear its own costs and fees associated with mediation, arbitration, or litigation, unless otherwise awarded by the arbitrator or court.

7. Confidentiality

All negotiations, mediations, and arbitrations related to disputes shall be confidential and treated as compromise and settlement negotiations, except where disclosure is required by law.

8. Waiver of Jury Trial

The parties hereby waive any right to a jury trial in connection with any litigation or dispute arising out of or relating to these terms and conditions.

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PRIVACY POLICY

1. Introduction

EPIC IMPORTS AND EXPORTS LIMITED is committed to protecting your privacy. This policy outlines how we collect, use, and safeguard your personal information in compliance with the Privacy Act 1988 (Australia).

2. Collection of Personal Information

We collect personal information directly from you when you interact with us, including your name, contact details, and any other information you provide. This may occur through our website, phone, email, or in person.

3. Use of Personal Information

We use your personal information to:

• Provide and manage our services
• Communicate with you about our services and offers
• Improve our services and customer experience
• Comply with legal and regulatory obligations

4. Disclosure of Personal Information

We may disclose your personal information to:

• Our employees, contractors, and service providers as necessary to provide our services
• Third parties as required by law or to protect our legal rights
• With your consent, to other parties for marketing or other purposes

5. Security of Personal Information

We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. This includes implementing physical, electronic, and managerial security measures.

6. Access and Correction

You have the right to access and correct your personal information held by us. To do so, please contact us via email. We will respond to your request within a reasonable timeframe.

7. Anonymity and Pseudonymity

Where practicable, you have the option to interact with us anonymously or using a pseudonym. However, in some cases, we may need your real identity to provide certain services.

8. Cross-Border Disclosure

We may transfer your personal information to third-party service providers located overseas, including in China and Vietnam, for the purposes outlined in this policy. We will take reasonable steps to ensure that any transferred information is protected.

9. Changes to this Policy

We may update this Privacy Policy from time to time. Any changes will be posted on our website, and you are encouraged to review the policy periodically.

10. Complaints

If you have any concerns or complaints about how we handle your personal information, please contact us immediately. We will investigate and respond to your complaint promptly.

11. Contact Us

For any questions or further information about our Privacy Policy or practices, please contact us at:

• EPIC IMPORTS AND EXPORTS LIMITED
• 1 Drake Street, CBD, Auckland 1010
• 1800 00 EPIC
• gday@epicsourcing.com.au

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AMENDMENTS TO TERMS

1. Right to Amend

EPIC IMPORTS AND EXPORTS LIMITED reserves the right to amend these terms and conditions at any time. Any changes will be effective immediately upon posting on our website or through other communication channels.

2. Notification of Changes

We will notify you of any significant changes to these terms and conditions via email email. It is your responsibility to review any changes and understand how they may affect your use of our services.

3. Continued Use

Your continued use of our services after any amendments to these terms and conditions constitutes your acceptance of the new terms. If you do not agree with the amended terms, you must discontinue using our services.

4. Review and Acceptance

We encourage you to periodically review these terms and conditions to stay informed of any updates. Your acceptance of the terms at the time of service initiation remains binding throughout the service duration.

5. Exceptions

Any exceptions to these amendments must be agreed upon in writing by both parties. No verbal agreements will override the written terms and conditions.