These Terms will commence on the date that we provide you with an Account and will continue, unless and until they are terminated, in accordance with the provisions of these Terms (Term).
We appoint you for the Term to sell The Beauty Chef branded products (Products) at the approved retail location/s specified in this form (Approved Locations) in accordance with these Terms.
We will provide you with access to blogposts, recipes and other marketing materials from time to time (Marketing Materials) to use to assist you in selling Products. You must not make any other representations or claims about Products, including in relation to results, or use any other materials to promote the Products, without our prior written approval which we may withhold at our discretion.
You acknowledge and agree that this is a non-exclusive relationship and: - you will not be the only reseller of Products in any particular territory; and we recommend that if you are a salon account you stock no more than two inner beauty brands including The Beauty Chef.
You must only purchase Products from us and not from anyone else and only sell Products to end customers at locations approved by us; You must not sell via your e-commerce or other on-line channels, or via mail without first obtaining our written consent;
Store and handle Products in accordance with any instructions that we provide to you, including without limitation, ensuring that Products are kept at a temperature of approximately 15 to 20 degrees Celsius and out of direct heat and sunlight;
Comply with any reasonable directions given to you by us from time to time;
Promote the Products using only the Marketing Materials, and you must not make any: statements or representations about Products that are not made in the Marketing Materials; or false or misleading representations about Products; Not, without our prior written consent, make any alteration to the labelling or packaging of Products or to the Marketing Materials nor make any additions to the labelling or packaging of Products;
Comply with all applicable laws, regulations and codes of practice, and not engage in bribery or corruption or in misleading or deceptive conduct within the meaning of section 9 of the New Zealand Fair Trading Act 1986 or otherwise act in contravention of the New Zealand Fair Trading Act 1986 or the Consumer Guarantees Act 1993;
Provide timely delivery of Products in accordance with orders placed by your customers and otherwise comply with your customer contracts;
In the event of a product recall, co-operate fully with us and assist with the recall including without limitation by providing us with all information reasonably requested by us in relation to the recall and complying with our reasonable directions including any directions to minimise damage to our name and reputation generally; and
Not bid on paid search terms "The Beauty Chef", “Beauty Chef” or any other iteration of the “The Beauty Chef” (separately and collectively a “Beauty Chef Name”) alone or in combination with any other term including “Shop”, “Buy”, “Skincare” or “Beauty” across Google Ad Words or any other paid media without prior written consent from us.
You warrant that: you have legal capacity, power and authority to enter into and perform these Terms; there are no legal restrictions preventing you from selling Products; in selling Products, you will act with due care and skill; and all information that you have given to us, including without limitation in the Account Authorisation Form and in any credit application, is true, accurate and not misleading If you receive a complaint from a customer with regards to Products, you must notify our customer care team at firstname.lastname@example.org or 09 415 6757 immediately, and at our discretion, allow us to address the complaint.
We warrant and represent to you that throughout the Term:
We have legal capacity, power and authority to enter into and perform these Terms; and
We have all rights in relation to the Products and to perform our obligations as set out in these Terms.
We warrant that the Products will be shipped to you with a shelf life of 12 months or more, (Product Warranty).
Exchange & Refunds
We do not provide exchanges, credit notes or refunds for change of mind or short-dated stock that the retailer failed to sell through in a timely manner.
You must notify our customer care team at email@example.com or 09 415 6757 of: - any incomplete delivery; - shortage of or damage to Products; - any claims against the Product Warranty due to nonconformities or defects which can be identified by inspection, within 3 business days of receipt of the shipment. To the extent not prohibited by law, you waive your rights if you fail to do so. Our customer care will inform you of any further information we require prior to providing an exchange, credit note or refund, and we will offer you an exchange, credit note or refund at our discretion.
To the extent not prohibited by law, we will not exchange or refund any Products which have a shelf life of less than 12 months.
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