This wholesale agreement (hereinafter called the “Agreement”) is between The Trustee for V&D Family Trust Trading as Envious Customz ABN: 75 849 765 659 (herein called the “Wholesaler”) and their customer (hereinafter called the “Retailer”).
To be eligible to enter into this agreement the retailer must;
Each wholesale application will be reviewed and approved on an individual basis. The wholesaler retains full authority to accept, reject and/or terminate any and all agreements at its complete discretion. Once approved the retailer will receive an email with instructions on how to login to the wholesale area of enviouscustomz.com and purchase stock at wholesale pricing.
By proceeding with your application, you are deemed to have read and accepted the Terms and Conditions of this Agreement.
TERMS & CONDITIONS
1. Eligibility
(a) To qualify for a wholesale account, you must be a valid retail business and the holder of an ABN. Agreeing to our terms and conditions you certify that you are such.
(b) Business checks will be done for accounts to be approved.
(c) You are only authorised to sell through the retail store that you have listed.
(d) Secondary stores, as well as website and online sales, must receive prior written approval.
(e) Physical stores locations will have the option to have their store added to our "Find a stockist' list on the website.
2. Order Requirements
(a) All wholesale orders are a minimum $300 inc GST
(b) Payment is due at checkout. No credit accounts.
(c) Subject to availability, if an items is not able to be fulfilled we will offer you to swap it out or refund.
(d) Wholesale ordering is seperate to our retail orders therefor any promotions, offers, discounts or shipping terms offered to our retail customers do not apply to wholesale accounts.
(e) Not all items sold by Envious Customz are available for wholesale pricing. Some items still remain exclusive to Envious Customz.
3. Shipping & Handling
(a) Shipping rates will be calculated at checkout, if your order exceeds $1500 we will be in touch with a freight quote.
(b) Orders can take up to 21 days to be dispatched, depending on the size and availability of your order. We will be in touch if there will be any further delays or changes to your order.
4. Refunds & Returns
(a) We do not provide refunds or exchange for change of mind, so please choose carefully.
(b) We do not provide refunds if you are unable to sell the product and no credits will be permitted.
(c) If the goods are faulty then we will then apply a credit, replace or refund for agreed products.
(d) If your shipment is damaged in transit you agree to contact Envious Customz within 5 working days of delivery.
(e) The return of any stock/faulty goods shall not be accepted without the prior consent of Envious Customz and must be reported/returned within 5 days of receipt.
5. Goods supplied on a wholesale basis
(a) You confirm you are purchasing the goods on a wholesale basis to on-sell or re-supply to your customers and that as such you may not be entitled to all of the consumer guarantees under the Australian Consumer Law.
(b) The wholesaler is in no way responsible or liable for the success of the retailer’s website or store, the accuracy, or legality of its content and operation. Further, the retailer has independently evaluated the desirability of participating in the wholesaler’s program and is not relying on any representation, guarantee or statement other than set forth in this agreement.
(c) The retailer will be responsible for providing reliable customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. The wholesaler is not the agent of either the retailer or the customer.
(d) We are not responsible for items after received. Therefore any damages during transit from retailer to customer or theft of items after received rely on the retailer.
6. Our warranties
(a) We warrant that the goods we deliver will:
7. Copyright and Images
(a) The retailer may not directly copy the written content from the Envious Customz website but must use their own efforts to describe the products in an original manner.
(b) All of the designs, products, and content within and any materials made available on the website or social media platforms are the sole property of Envious Customz. The website, designs, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Envious Customz.
(c) You hereby agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product designs without the advance, express written consent of Envious Customz.
(d) All wholesale approved accounts will receive an asset folder of images they have full access rights to use for their website and social media.
(e) Envious Customz has filed a trademark for CANDYSCENT™ therefor we ask when using the name to use capitals and the TM symbol, to ensure the brand is being represented at a whole.
(f) You may seek permission to use any of our images or content for promotional purposes by emailing info@enviouscustomz.com
8. Misconduct
(a) We have the right to refuse a retailer or cancel a retailer order if a retailer is misleading in any way or form. We may do this at anytime if our brand is being represented in the wrong way.
9. Privacy Policy
(a) Any personal information that you provide to us including your name, address, telephone number and email address will be treated confidentially and will not be released, sold or rented to any entities or individuals outside of Envious Customz. Envious Customz does not collect or record any credit card details you may provide when purchasing products from the Envious Customz website.
10. Variations
(a) The wholesaler reserves the right to update all prices without notice. Updated prices will be clearly shown when the retailer logs into the back-end of the website to place their orders.
(b) The wholesaler reserves the right to update the terms of this agreement without notice and the retailer may need to agree to updated terms in the future to continue trading with the wholesaler.
11. Jurisdiction and Governing Law
(a) The jurisdiction and governing law of the State of Queensland Australia apply to this Agreement. The courts of the jurisdiction are entitled, non-exclusively, to resolve disputes about this Agreement.