Wholesale Terms & Conditions

BRIGHT BIRTHDAY SALE TERMS + CONDITIONS:
Only while stocks last. Orders must be placed on the Raw Earth co Hub to receive the sale pricing - orders placed via phone or email will not receive the discounts. No back orders will be taken. Prices as marked on the Raw Earth co Hub. Sale ends 5pm Tuesday 6th of April 2021.

 

Approved Stockists

1.1  Only Approved Stockists may use the Product and sell the Product to
Consumers. 

1.2  Approved Stockists must:
(a)  ensure that that the Products are sold by sales representatives, trained in the
use and retail of Skin Juice Products (Representatives); 

(b)  ensure that all Representatives adhere to the strict standards and guidelines
of representation required by Skin Juice; 

(c)  commit to the ongoing training and continuous improvement regime as
directed by Skin Juice; and 

(d)  only sell the Product at sites or locations approved by Skin Juice (Approved
Site). 


Appointment

2.1  Skin Juice appoints the Stockist as an Approved Stockist and the Stockist
agrees to accept the appointment and act in accordance with these Terms and
Conditions. 

2.2  The term of this appointment will be one calendar year, commencing on the
date of that these Terms and Conditions are executed by the Stockist (Term). 

2.3  The term will automatically renew for a further term of one calendar year,
unless:
(a)  Skin Juice provides written notice to the Stockist that the Term will not be
extended; or 

(b)  the appointment has been terminated. 


Orders

3.1  All orders for the Products must be placed directly with Skin Juice, either by
email, phone or through the client portal on the Skin Juice website. 

3.2  Unless otherwise agreed between the parties, the minimum value for any single order after an opening order is placed is $0 including GST. 

3.3  Skin Juice reserves the right to reject orders for any reason. 

3.4  A stockist must inform Skin Juice by email of any change to that provided on
this contract for the delivery of orders. Skin Juice accepts no responsibility for
orders sent to any address other then provided by the stockist in writing
.
3.5 Whilst we have tried to display an accurate representation of your free Products, you will only receive the free Products you are eligible for, regardless of what your checkout cart displays.  

Payment

4.1  Unless otherwise agreed by the parties, for each Order, the Stockist must
pay:

(a)  the Wholesale Price for the Products ordered; and 

(b)  the costs of delivering the Products to the Stockist’s nominated address,
including insurance costs, at the time the order is placed or within five Business Days of an invoice being issued by Skin Juice. 


 

4.2  Skin Juice is not obliged to dispatch any orders until payment has been
received. 

4.3 Stockists may pay for orders by credit card, direct deposit, or other payment
method agreed between the parties in writing.

Shipping

5.1  Orders will generally be dispatched within 3 to 5 Business Days after payment is received. 

5.2  In the event that an item cannot be supplied, that item will be:

(a)  placed on backorder for up to 6 weeks; 

(b)  invoiced separately to the rest of the order; and 

(c)  shipped to the Stockist when it becomes available and payment for the
invoice referred to in clause 5.2(b) is received by Skin Juice. 


 

5.3  Skin Juice may dispatch backorders at their expense or The Stockist may be
required to pay additional freight charges for any items provided under clause 5.2. 

5.4  Skin Juice will use reasonable endeavours to ensure that orders are
dispatched within the nominated time frame, however, Skin Juice takes no
responsibility for delays in dispatch or delivery. 


Express Shipping

5.6 This only relates to the shipping option chosen, not the time taken to process the order.

5.7 This service may not be available or additional charges may apply to certain areas such as remote locations. If you are unsure if you are considered remote, we suggest you select Standard freight and request a quote using the notes section in cart.

Excluded areas include but are not limited to the following post codes: 0870, 4744, 4870, 4879, 6000, 6014, 6018, 6038, 6052, 6062, 6230, 6450, 6701, 6722, 6743, 6753, 6112, 7579, 7821

Risk and Title

6.1  Risk in the Product passes to the Stockist upon dispatch of the Product to
the Stockist’s nominated address. 

6.2  Title to the Product passes to the Stockist only upon the complete payment
of the Wholesale Price for each Product as set out in the relevant invoice. 


Sale to Consumers

7.1  Skin Juice recommends that Approved Stockists sell the Product to
Consumers at the Retail Price. 

7.2  Skin Juice reserves the right to update the Retail Price at any time. 

7.3  Stockists may only sell the Product to Consumers at the Approved Site. 

7.4  Stockists must not sell Skin Juice Products:

(a)  to other Stockists;
(b)  through online stores or websites;
(c)  through social media platforms;
(d) by direct marketing or mail order;
(e)  overseas; or
(f)  by any other method other than directly to the Consumer at the Approved Site, 


without prior written approval from Skin Juice. 


7.5 Stockists are not permitted to sell professional use or sized products without prior written approval from Skin Juice.  

7.6 Stockists are required to provide Skin Juice with a customers full name and email address when reporting a faulty product or reaction.

 

Online Sales

8.1  The Stockist must comply with Skin Juice’s Online Selling Best Practice. 

8.2  Restriction on sales for online selling. 
The business must not sell Skin Juice products;


(a) to customers outside of Australia;

(b) through third party online sites, such as eBay or brands exclusive;

without prior written approval from Skin Juice.

8.3  Skin Juice is not liable for any cost associated with an approved stockists
online store. This includes but is not limited to: freight, payment method
surcharges, website set up fees, IT support, refunds, exchanges, sales and
discounts. 


Promotion

9.1  Stockists may promote Skin Juice Products in in-store promotions at Approved Sites. 

9.2  Stockists must not promote to sell Skin Juice Products directly through the
following channels:

(a)  the Stockist’s own website; 

(b)  discount websites or booklets; 

(c)  voucher websites or booklets; 

(d)  social media e-store platforms; or 

(e)  any other discount sites,


without written approval from Skin Juice.


Warranties

10.1  Skin Juice warrants that, to the best of its knowledge and belief:


(a)  the Products are of merchantable quality and fit for their purpose; 

(b)  it has the necessary rights and authority to enter into and perform its
obligations under these Terms and Conditions; and 

(c)  sale of the Products by the Stockist will not infringe any copyright, moral
right, trademark or other intellectual property right. 



10.2  The Stockist warrants that it has the necessary rights and authority to enter into and perform its obligations under these Terms and Conditions. 

10.3  Other than:


(a)  the warranties set out in this clause 10; and 

(b)  any warranties implied or created by the Australian Consumer Law and
applicable to these Terms and Conditions, all conditions and warranties, express
or implied, are hereby excluded and no guarantee applies to the Products. 


GST

11.1  Any consideration to be paid or provided for a supply made under or in
connection with this agreement, unless specifically described in this agreement as GST inclusive, does not include an amount on account of GST. 

11.2  The Stockist must promptly pay on demand, any amount of GST stated in
an invoice issued to it by Skin Juice. 


Returns policy

12.1  Skin Juice will only accept returns if:


(a)  there are manufacturer’s faults or defects in the Product; or 

(b)  Skin Juice delivers the incorrect Products to the Stockist. 



12.2  In order to be refunded for a Product, Stockists must:

(a)  immediately notify Skin Juice of any defects or delivery errors; and 

(b)  if requested by Skin Juice, return the affected Products to Skin Juice at the Stockist’s cost. 



12.3  If Skin Juice accepts the return, it will deliver replacement or credit for the products to the Stockist at Skin Juice’s cost. 

12.4  Skin Juice has the right to refuse replacement or credit for the Product, if it has been tampered with or the conditions in clause 12.1 have not been met. 


12.5 If a Return is on behalf of a Customer the Stockist must contact Skin Juice immediately before any action is taken. Skin Juice will deal with the Customer directly to reach a resolution. Skin Juice is not obliged to reimburse a Stockist if they choose to refund, credit or exchange Product for a Customer. 

Intellectual Property

13.1  Skin Juice retains all Intellectual Property rights held by it in relation the
Marketing Materials, images and logos provided to the Stockist during the Term.

13.2  Skin Juice grants the Stockist a royalty-free non-exclusive licence during
the term, to use the Marketing Materials solely for the purpose of enabling the
Stockist to sell the Product to Consumers and perform its obligations under these Terms and Conditions. 

13.3  During the Term, the Stockist:

(a)  may only use Skin Juice’s Intellectual Property Rights in the manner
approved by Skin Juice in its absolute discretion; and 

(b)  must comply with any directions given by Skin Juice concerning the use of
the Skin Juice’s Intellectual Property Rights. 



13.4  The Stockist must:

(a)  not use, copy, alter, photograph or represent Skin Juice’s Intellectual
Property rights other than in accordance with these Terms and Conditions; 

(b)  not do anything or permit anything to be done which would infringe, harm,
challenge, deny, question or contest the Intellectual Property Rights of Skin
Juice; and 

(c)  inform Skin Juice immediately if it learns of any actual or threatened infringement. 



13.5  If the Stockist breaches its obligations under this clause 13, Skin Juice may:


(a) immediately revoke the Stockist appointment as an Approved Stockist;
(b) immediately seek an interlocutory injunction to prevent further breaches; and

Privacy and Confidentiality

14.1  Neither party will pass on any personal information about its customer or its business to a third party, without the other party’s written consent, unless that information is:


(a)  required to be disclosed by law or to comply with a parties obligations under
these Terms and Conditions; 

(b)  disclosed to a debt collection agency or other advisors for the purpose of
recovering debts owed to Skin Juice; 

(c)  disclosed to its employees or contractors only to the extent that is reasonably
necessary for Skin Juice to perform its obligations under these Terms and
Conditions; 

(d)  in the public domain; 

(e)  required to be disclosed as part of a product recall in accordance with clause
15. 



14.2  The Stockists must keep this document and its contents confidential.

 Product recall


Stockists must:
(a)  maintain up-to-date and accurate customer records to enable the immediate
recall of any Product; and 

(b)  assist Skin Juice as required, in the recall of any Product.

 Termination

16.1  Either party may terminate the Stockist appointment as an Approved Stockist by 3 weeks written notice to the other party. 

16.2  Skin Juice may terminate the Stockist’s appointment if the Stockist
becomes insolvent or fails to remedy a breach of these Terms and Conditions
within 10 Business Days after written notice of the breach.

Consequences of termination

Upon the termination of the Stockist’s appointment:
(a) (b) (c)
any right of action or remedy which may have accrued, or may afterwards
accrue, to either party will not be prejudiced or affected;
all provisions which are, expressly or impliedly, to survive this Agreement will
remain in force and in effect; and the Stockist may sell any stocks of the Product as it may have in its possession
or control for a period of six months after termination, after which the Stockist
must at its own expense, promptly dispose of the Products and stop selling Products to Consumers.

Dispute resolution

18.1 Unless expressly provided otherwise, all disputes between Skin Juice and
the Stockist in any way connected with these Terms and Conditions must be resolved in accordance with this clause 18.
18.2  If an issue or dispute arises between the parties, in relation to these Terms and Conditions, the disputing party must give written notice to the other party
specifying the nature of the dispute (Dispute Notice). 

18.3  Within 10 Business Days of a Dispute Notice being issued, representatives
of each party must meet to resolve the dispute. 

18.4  If the parties cannot resolve the dispute within 10 Business Days, the
dispute must be referred to expert determination in accordance with the Rules for
Expert Determination or Commercial Disputes of the Institute of Arbitrators and Mediators Australia. 

18.5  The decision of the expert is final and binding upon the parties. 


General

19.1  A Stockist must not assign, novate, transfer or subcontract its rights or obligations under this Agreement, without prior written consent from Skin Juice. 

19.2  Nothing in these terms and conditions constitutes a partnership, agency or
franchise relationship between the parties. 

19.3  Neither party can bind the other party or contract in the name of the other
party. 

19.4  These terms and conditions can only be varied by a later written document
executed by or on behalf of all parties. 

19.5  Each party must pay its own legal costs and disbursements in connection
with the negotiation, preparation, execution and carrying into effect of these
Terms and Conditions. 

19.6  The laws applicable in New South Wales govern this agreement. The
parties submit to the non-exclusive jurisdiction of the courts of New South Wales
and any courts competent to hear appeals from those courts. 

19.7  This Agreement may be executed in any number of counterparts each of
which when executed by one or more of the parties constitute an original but all
of which constitutes one and the same instrument.

Definitions

In these Terms and Conditions:


Approved Stockist means a stockist approved
by Skin Juice to sell the Product.
Business Day means a day that is not a Saturday, Sunday or public holiday in
Newcastle, New South Wales.
Consumer means a customer of the Stockist who may purchase Skin Juice
Products.

Cover Page means the front page of this agreement.
GST has the meaning given to that term in A New Tax System (Goods and
Services Tax) 1999 (Cth).
Intellectual Property Rights means all present and future rights to:


(a) trade marks, trade names, domain names, logos, getup, patents, inventions,
registered and unregistered design rights, copyright, circuit layout rights, and all similar rights in any part of the world (including knowhow); and
(b) whether rights referred to in paragraph (i) are obtained or enhanced by
registration, any registration of such rights, and applications and rights for any
such application.


Marketing Materials includes marketing literature, posters, technical materials
and user manuals (and upgrades or revisions of these materials and user
manuals) and other material provided to the Stockist for the purpose of marketing
the Product.
Product means any product manufactured and marketed by Skin Juice.

PPS Law means the Personal Property Securities Act 2009 (Cth) and the regulations made under that Act.
PPSR means the Personal Property Securities Register established under
section 147 of the PPS Law.
Retail Price means the price for any Product or Product package listed in the
most recent retail price list provided by Skin Juice. The Retail Price a suggested
price only and may be updated by Skin Juice from time to time.
Wholesale Price means the price per item that the Stockist must pay to Skin
Juice for each Product, as notified to the Stockist by Skin Juice from time to time.

For the avoidance of doubt, Skin Juice reserves the right to update the Wholesale Price for any Product at any time prior


NEW ZEALAND STOCKIST TERMS & CONDITIONS

Prices are inclusive of 15% NZ GST. Prices are shown in NZD based on Shopify’s international currency algorithm. Skin Juice is bound by Shopify’s international transaction fees & practices.

 

Orders can only be placed online through the Wholesale Hub.

 

Payment can be made online via Credit Card only.

 

A minimum spend of $600 NZD is required per order.

 

Wholesale freight charges are calculated at checkout. All duties and import charges are paid by Skin Juice.

 

Payment is required before orders will be sent to warehouse.

 

To assist with delivery, please inform us each time you place an order if your business is closed during the working week or if you require specific delivery information for the courier.

 

Please allow 1-2 working days before dispatch and another 6-8 working days for delivery depending on store location.

 

Our preferred courier is DHL Express and a consignment notification will be automatically sent to the email address on file at the time of dispatch. You are able to track your parcel at any time with the code provided in this email.

 

Any errors or breakages need to be reported within 7 working days of receiving your order.

 

For all online stores, please note that Skin Juice and the Raw Earth co brands are permitted to only be sold and shipped within New Zealand, and cannot be sold internationally without written consent.

 

All stockists of Skin Juice and the Raw Earth co brands will be required to agree to our full ordering and stockist terms + conditions at the time of ordering.