ARNICARE – Terms & Conditions
1. Definitions
1.1 “Stockist” means the person or business buying the Goods as specified in any invoice, document or order.
1.2 “Goods” means all products supplied by ARNICARE to Stockist.
2. Acceptance
2.1 Any instructions received by ARNICARE from Stockist for the supply of Goods and/or Stockist’s acceptance of Goods supplied by ARNICARE shall constitute acceptance of these terms and conditions.
2.2 Upon acceptance of these terms and conditions by Stockist the terms and conditions are binding and can only be amended with the written consent of ARNICARE.
2.3 Stockist shall give ARNICARE not less than fourteen (14) days prior written notice of any proposed change of ownership of Stockist or any change in Stockist’s name and/or any other change in Stockist’s details. Stockist shall be liable for any loss incurred by ARNICARE as a result of Stockist’s failure to comply with this clause.
2.4 Stockist acknowledges and accepts that ARNICARE does not offer the Goods exclusively for resale by Stockist.
2.5 Stockist agrees that ARNICARE may amend these terms and conditions at any time.
3. On-selling the Goods
3.1 Stockist is required to have a suitable (in the opinion of ARNICARE) bricks and mortar location, accessible to consumers, where the display is housed.
3.2 Where Stockist is a retailer of the Goods, Stockist must not market, promote or sell the Goods other than from Stockist’s licensed premises.
3.3 Should Stockist change premises, or acquire additional premises, Stockist is required to notify ARNICARE beforehand in writing.
3.4 In the opinion of ARNICARE, should the new premises be unfit to house, display and sell ARNICARE’s products, ARNICARE may withhold delivery of such products to be sold in these premises.
3.5 In the event Stockist fails to adhere to these clauses, ARNICARE shall be entitled to terminate any agreement between Stockist and ARNICARE by giving written notice to Stockist. ARNICARE shall not be liable for any loss or damage whatsoever arising from such termination.
4. Price and Payment
4.1 At ARNICARE’s sole discretion the Price shall be as indicated on invoices provided by ARNICARE to Stockist in respect of Goods supplied.
4.2 Payment must be made before delivery of the Goods, unless ARNICARE agrees in its sole discretion that payment can be made within thirty (30) days of receipt of a valid invoice.
4.3 Payment will be made by method indicated on the invoice.
4.4 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.5 Payment must be received for any outstanding invoices before new orders will be dispatched.
4.6 ARNICARE reserves the right to amend prices, at any time.
5. Delivery of Goods
5.1 ARNICARE will check each order before the order leaves ARNICARE’s stock room. It is Stockist’s responsibility to check the order upon its receipt. Discrepancies must be brought to ARNICARE’s attention within forty-eight (48) hours of delivery.
5.2 With the exception of any customised Goods, after placing an order, Stockist can expect a 24-hour minimum turnaround for processing – shipment will then be dispatched after that time (once payment is in place/arranged/received).
5.3 At ARNICARE’s sole discretion delivery of the Goods shall take place when:
(a) Stockist takes possession of the Goods at ARNICARE’s address; or
(b) Stockist takes possession of the Goods at Stockist’s nominated address.
5.4 The costs of delivery are in addition to the Price.
5.5 The cost of delivery includes charges payable to Australia Post.
5.6 These charges are subject to change without notice.
5.7 Stockist shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that Stockist is unable to take delivery of the Goods as arranged then ARNICARE shall be entitled to charge a reasonable fee for redelivery.
5.8 The failure of ARNICARE to deliver shall not entitle either party to treat this contract as repudiated.
5.9 ARNICARE shall not be liable for any loss or damage whatsoever due to failure by ARNICARE to deliver the goods.
5.10 ARNICARE will not be responsible for late deliveries.
6. Customised Goods
6.1 ARNICARE can provide customised Goods that contain the Stockist’s logo.
6.2 Once the Stockist purchases the Goods and provides their logo to ARNICARE, ARNICARE will then send a mock-up of the design in draft to the Stockist for approval.
6.3 The Stockist is provided with one opportunity to make any tweaks to the customised design before ARNICARE sends it to a third-party manufacturer.
6.4 Once the customised design is approved by the Stockist the sale is final and, to the extent permitted by law, the Stockist cannot then cancel the order for change of mind.
7. Online Ordering
7.1 Stockist acknowledges and agrees that:
(a) ARNICARE does not guarantee the website’s performance or availability of any of its Goods; and
(b) online ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
(c) there are inherent hazards in electronic distribution, and as such ARNICARE cannot warrant against delays or errors in transmitting data between Stockist and ARNICARE, including orders. ARNICARE will not be liable for any losses Stockist suffers as a result of online ordering being unavailable or for delays/errors in transmitting orders.
7.2 ARNICARE reserves the right to terminate an order if it learns that Stockist has provided false or misleading information, interfered with other users or the administration of ARNICARE’s services, or violated these terms and conditions.
8. Stockist’s Responsibilities
8.1 Stockist understands and accepts that they may supply the Goods only to their own customers and agree that they shall not:
(a) directly or indirectly sub-distribute the Goods to any person, agent, or retail outlet outside of Australia; or
(b) exhibit or sell the Goods at flea-markets, sidewalk sales, or from any area external to Stockist’s nominated premises; or
(c) sub-distribute to other Stockists, agents, or retail outlets; or
(d) on-sell displays, testers, palettes, palette replacements, and salon-size products supplied only for professional use and not for individual retail sale.
(e) Should the occasion arise, for any reason, that Stockist wishes to dispose of any stand, Stockist shall contact ARNICARE to discuss the means of such disposal. Should Stockist sell any stand to a third party without prior written consent from ARNICARE, ARNICARE shall have the right to recoup from Stockist the wholesale price of such stand.
8.2 ARNICARE shall provide Stockist with a price list outlining the recommended retail prices inclusive of GST.
9. Risk
9.1 Irrespective of ARNICARE retaining ownership of the Goods, all risk for the Goods passes to Stockist on delivery.
9.2 If any Goods are damaged or destroyed following delivery but prior to ownership passing to Stockist, ARNICARE is entitled to receive all insurance proceeds payable for the Goods.
9.3 Where Stockist expressly requests ARNICARE to leave Goods outside ARNICARE’s premises for collection or to deliver the Goods to an unattended location, such Goods shall be left at Stockist’s sole risk, and it shall be Stockist’s responsibility to ensure the Goods are insured adequately.
10. Title
10.1 ARNICARE and Stockist agree that ownership of the Goods shall not pass until Stockist has paid ARNICARE all amounts owing for the particular Goods.
10.2 It is further agreed that:
(a) until such time as ownership of the Goods shall pass from ARNICARE to Stockist, ARNICARE may give notice in writing to Stockist to return the Goods; and
(b) ARNICARE shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(c) if Stockist fails to return the Goods to ARNICARE, ARNICARE or ARNICARE’s agent may (as the invitee of Stockist) enter upon land and premises owned, occupied, or used by Stockist or any premises where the Goods are situated and take possession of the Goods; and
(d) Stockist is only a bailee of the Goods and until such time as ARNICARE has received payment in full for the Goods, Stockist shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount Stockist owes to ARNICARE, on trust for ARNICARE; and
(e) ARNICARE can issue proceedings to recover the Price of the Goods until ownership of the Goods has passed to Stockist; and
(f) until such time ownership of the Goods passes to Stockist, if the Goods are converted into other products, the parties agree that ARNICARE will be the owner of the end products.
11. Defects
11.1 Stockist must inspect the Goods on delivery and must, within forty-eight (48) hours of delivery, notify ARNICARE in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. Upon such notification, Stockist must allow ARNICARE to inspect the Goods.
11.2 If ARNICARE is required to replace the Goods under this clause but is unable to do so, ARNICARE may refund any money Stockist has paid for the Goods.
11.3 ARNICARE shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) Stockist failing to properly maintain or store any Goods;
(b) Stockist using the Goods for any purpose other than that for which they were designed;
(c) Stockist continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) Stockist failing to follow any instructions or guidelines provided by ARNICARE;
(e) fair wear and tear, any accident, or act of God.
12. Return of Products
(See the next message for the continuation of the sections from 12.2 onwards…)
12. Return of Products (Continued)
12.1 Discolouration: Discolouration of the product is normal and is not a fault. To the extent permitted by law, ARNICARE will not accept returns for discolouration.
12.2 Damaged Products: ARNICARE will replace damaged or defective goods with the same product; a credit will not be issued. Stockist must inspect all goods upon receipt and notify ARNICARE within forty-eight (48) hours of delivery of any damage, defect, or shortage.
12.3 Sensitivity: If a Stockist’s client experiences sensitivity, the client must discontinue use immediately. Stockist must recover the product from the client and provide it to ARNICARE along with the client’s name, photos of the affected area, the date of the incident, details of other products used in the skincare regime, and investigation notes.
12.4 Customer Dissatisfaction: If a client decides the product is not what they want, ARNICARE does not bear responsibility for replacement. Stockist’s return policy applies.
12.5 Exchange of Stock: Generally, ARNICARE does not accept exchanges. Exceptions must be approved by ARNICARE within seven (7) days of purchase and are subject to a 25% restocking fee.
12.6 ARNICARE will not accept the return of damaged, old, discontinued products, or products from opening orders.
12.7 ARNICARE does not issue credits, only replacements. Returns are accepted only if ARNICARE has sent the order incorrectly.
12.8 Expiry Dates: Goods have a six (6) month expiry date from the date of purchase. ARNICARE does not accept returns for expired products unless the expiry date was deemed unsatisfactory upon receipt and ARNICARE was notified within forty-eight (48) hours. ARNICARE is not liable for poor stock rotation. Some products may have a short shelf life.
12.9 Stockist must ensure their returns policy accommodates ARNICARE’s returns policy.
12.10 Replacement products will not be provided if less than half of the product remains.
13. Intellectual Property
13.1 Stockist may not use ARNICARE’s logos, trademarks, graphics, or copy material for any purpose, including advertising or on websites, without ARNICARE’s express written permission.
14. Publicity
14.1 Stockist agrees that ARNICARE may publicize that it provides Goods to the Stockist without prior written consent. ARNICARE may also use the Stockist’s company logo to promote its relationship with the Stockist.
15. Advertising
15.1 Stockist must not make unsubstantiated claims in the name of ARNICARE or the brand name of the Goods.
16. Default and Consequences of Default
16.1 If Stockist breaches any obligation (including payment terms), ARNICARE may suspend or terminate the supply of Goods. ARNICARE is not liable for any resulting loss or damage to the Stockist.
17. Cancellation
17.1 ARNICARE may cancel any agreement or delivery of Goods by giving written notice to Stockist. Any sums paid for undelivered Goods will be refunded. ARNICARE will not be liable for any loss or damage resulting from cancellation.
17.2 If Stockist cancels delivery of Goods, they will be liable for any loss incurred by ARNICARE, including but not limited to loss of profits.
18. Privacy Act 1988
18.1 ARNICARE complies with applicable privacy regulations. Refer to ARNICARE’s Privacy Policy for more details.
19. General
19.1 If any provision of these terms and conditions is found to be invalid, void, or unenforceable, the remaining provisions will remain enforceable.
19.2 These terms and conditions are governed by the laws of Victoria, Australia, and are subject to the jurisdiction of the courts of Victoria.
19.3 In the event of a breach of contract by ARNICARE, the Stockist’s remedies are limited to damages not exceeding the price of the Goods.
19.4 Stockist may not offset or withhold payment due to disputes regarding part of an invoice.
19.5 ARNICARE may review and revise these terms and conditions at any time. Changes take effect upon notification to the Stockist.
19.6 Neither party is liable for defaults caused by events beyond reasonable control, such as acts of God, terrorism, industrial actions, or natural disasters.
19.7 ARNICARE’s failure to enforce any provision of these terms does not constitute a waiver of rights.