ACCEPTANCE OF TERMS
 

• By the Stockist paying any amount to the Supplier in respect of the products provided by the Supplier (Products) or instructing the Supplier that the Stockist will proceed with ordering the Products in writing, the Stockist acknowledges that the Stockist has read and understood these Stockist Terms and Conditions (Terms) and agrees to be bound by them.
   

APPOINTMENT
 

• The Supplier appoints the Stockist and the Stockist accepts such appointment as a stockist of the Products during the Term in accordance with these Terms.

• In consideration of the Stockist accepting such appointment, the Supplier grants to the Stockist the non-exclusive right to market and sell the Products for the Term in accordance with these Terms.

• During the Term, the Supplier agrees to supply and the Stockist agrees to purchase the quantities of Products that the Stockist orders.

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TERM
 

• These Terms commence on the Commencement Date and continue for a minimum term of 2 months (Minimum Term) or until terminated by either parties.

• Following expiry of the Minimum Term (and each renewed term) these Terms and Conditions will automatically renew for subsequent terms of 6 months, unless either party gives written notice to the other of termination at least 30 days prior to the expiry of the current Term.

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ORDERS  

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• The Stockist may order Products from the Supplier from time to time by submitting an Online Order to the Supplier, via an online order form through the Supplier’s website, in accordance with these Terms.​

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• Once an Online Order has been submitted by the Stockist it is not able to be cancelled or amended by the Stockist except where otherwise agreed by the Supplier in writing and subject to payment of additional costs reasonably incurred by the Supplier.

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• The Stockist agrees to adhere to the minimum stock level requirements, which is a minimum stock level of 5 bottles of HYPO21 Skin Purifying Spray 100ml.​​

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• Unless otherwise agreed and to the extent permitted by Law, all contracts and dealings with the end-customer are the responsibility of the Stockist and not the Supplier.

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STOCKIST’S OBLIGATIONS IN RELATION TO THE PRODUCTS​

• The Stockist must:

• sell the Products in the original packaging supplied by the Supplier;

• ensure that it has adequate stock on hand to fulfill orders of the Products;

• use its best efforts to market and sell the Products during the Term;

• ensure the timely delivery of the Products to its customers and ensure a high standard of customer service is provided;

• sell the Products to third parties on terms that are compliant with applicable Laws and on terms that are not inconsistent with these Terms;

• not alter or interfere in any way with the products or their original packaging including removing or changing any labeling or instructions provided with the Products;

• not sell the Products on third party online stores like eBay, Amazon or any website other than the Stockist’s own business website or platform.

• The Stockist must not make any representation or give any warranty in relation to the Products not expressly authorised by the Supplier in writing.

• The Stockist must not do anything which might affect the reputation of any of the Products and/or the Supplier.

• promptly inform the Supplier of all material complaints or Claims in relation to the Products;

• not admit liability on behalf the Supplier in respect of any complaint or Claim in relation to the Products;

• not resolve or settle any complaint or Claim in relation to the Products which may result in the Supplier incurring any liability to any party; and

• deal promptly with all complaints or Claims in relation to the Products which will not result in the Supplier incurring any liability.

• In performing its obligations under these Terms, the Stockist must comply with all applicable laws, statutes, regulations, regulatory policies from time to time in force.

• The Supplier may publish recommended retail pricing which is to be used as a guideline only. Subject to applicable laws, the Stockist is responsible for determining the price which it sells the Products for.

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DISPLAYING PRODUCTS IN-STORE

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• The Stockist must not place the Products in a location in the retail store that obscures the Products from view of customers or is difficult to reach or access.

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MARKETING MATERIALS

The Supplier grants the Stockist a revocable, non-exclusive and non-transferable or assignable licence to use the advertising, marketing or promotional material (“Marketing Material”) in connection with the marketing, promoting and distribution of the Products during the Term. The Stockist must not reproduce, copy, make public, disclose the whole or any part of the Marketing Materials except to the extent approved by the Supplier.
The parties acknowledge that the Stockist is permitted to do their own photo shoots and create their own advertising, marketing or promotional material (“Stockist Material”) for use in connection with the marketing, promoting and distribution of the Products during the Term. In the event any Stockist Material is created, the Supplier reserves the right to reject or request changes be made to such Stockist Material (acting reasonably).

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TERMINATION

Either party may terminate these Terms without cause at any time on giving the other party 30 days’ written notice.

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The Supplier may in its absolute discretion, by written notice to the Stockist, immediately terminate these Terms or one or more Online Orders (and shall have no liability for any Loss suffered by the Stockist due to the termination):

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• if the Stockist fails to make payment in accordance with clause 6;

• if the Stockist becomes insolvent;

• if the Stockist commits an act of bankruptcy or is made bankrupt;

• if the Stockist makes a composition or other arrangement with creditors;

• if the Stockist assigns assets for the benefit of creditors generally;

• being a company, if the Stockist enters into a deed of company arrangement or has a controller, administrator, receiver or receiver and manager appointed;

• being a company, if the Stockist goes into liquidation;

• being a partnership, if the Stockist has a receiver or a receiver and manager appointed.

 

The Supplier may vary these Terms at any time and will notify the Stockist of the variation by providing 30 days written notice to the Stockist at the Stockist's Address for Service.

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