Terms & Conditions
INTERPRETATION
Agreement: The Agreement for the supply of Products between LA BIOSTHETIQUE® and the Customer, of which these terms of sale form part.
Business Day: Any day on which trading banks in the State where the Customer is located are open for general banking business in the capital city of that State.
Customer: Includes the Customer's servants and agents.
Charges: All monies payable by the Customer to LA BIOSTHETIQUE® in relation to the supply of Products.
Consumer Products: Shampoos, conditioners, other hair care products, beauty products, skin care products, makeup products, and other cosmetic products that are not Professional Products.
End-user: A person (not a company) who does not sell, resell, or otherwise supply hair care products as part of their business and who acquires Consumer Products for personal use only.
Manufacturer: The supplier of products to LA BIOSTHETIQUE®.
LA BIOSTHETIQUE: LA BIOSTHETIQUE® Australia Pty Ltd trading as LA BIOSTHETIQUE® and its assigns.
Newsletters: Written announcements issued by LA BIOSTHETIQUE® from time to time to amend, update, or revise the Terms of sale.
Person: Includes corporations, partnerships, and unincorporated associations.
Products: Consumer Products and Professional Products manufactured by the Manufacturer.
Professional Products: Hair care products, beauty products, skincare products, makeup products, and other cosmetic products sold for use by professionally trained hairdressers or beauticians which are marked with words to the effect of "For professional use only" or "Not for retail sale," or for which, in accordance with common industry knowledge, are for professional use only.
Resalable Condition: Products in the packaging in which they are supplied by LA BIOSTHETIQUE®, unopened, undamaged, and unused. All products must be in current packaging.
Salon: A hairdressing salon, beauty salon, or day-spa, and includes their servants and agents, or any other customer of LA BIOSTHETIQUE®.
Words importing the singular number shall include the plural and vice versa.
2. INTRODUCTION
2.1. These terms and conditions override and replace any existing terms and conditions and any previous dealings between the customer and the company and cannot be varied, amended, or replaced except in writing signed by LA BIOSTHETIQUE®.
3. TERMS
3.1. The Customer will be deemed to have agreed to purchase all Products upon the basis of these terms of sale, which terms of sale shall be incorporated into every subsequent agreement for the purchase of Products by the Customer unless specifically varied or excluded in writing by LA BIOSTHETIQUE® in the manner set out in Clause 3.2.
3.2. LA BIOSTHETIQUE® shall issue Newsletters from time to time relating to the supply of Products. Such Newsletters may vary the Terms (or substitute other Terms for the Terms) and the Terms as so varied or substituted shall apply to all orders placed subsequent upon the issue of each Newsletter.
3.3. The publication by LA BIOSTHETIQUE® of price lists, quotations, and other material forwarded to the Customer (in writing or verbally) shall only constitute an invitation to do business and LA BIOSTHETIQUE® shall not be bound by any order for Products based upon or which refer to any such material.
3.4. Prices are subject to change without notice.
4. ORDERS
4.1. Orders for Products may be placed by telephoning 1300 55 40 69, or such other telephone number as advised by LA BIOSTHETIQUE® to the Customer from time to time.
4.2. All orders for Products placed by the Customer are subject to acceptance (in whole or part) by LA BIOSTHETIQUE®. LA BIOSTHETIQUE® reserves the right to decline acceptance of any order in its absolute discretion. No binding contract shall exist until the Customer’s order has been accepted by LA BIOSTHETIQUE®.
4.3. Without limiting Clause 4.2, the Customer's first order of Products pursuant to Clause 4.1 shall not be accepted by LA BIOSTHETIQUE® until:
4.3.1. The Customer's employees and agents have completed training to the satisfaction of and at the expense of LA BIOSTHETIQUE® in relation to using the Products.
4.3.2. The first order has been paid for in full prior to the Products being delivered.
4.3.3. LA BIOSTHETIQUE® receives a duly completed and executed Customer Application Form from the Customer.
4.4. The time or date accepted by LA BIOSTFor delivery of products is an estimate only and is not a condition of any agreement between the parties or a warranty. If LA BIOSTHETIQUE® is delayed by any circumstance beyond its control, then it may suspend delivery or extend delivery or supply time.
4.5. Subject to Clause 9.1, the Customer shall notify LA BIOSTHETIQUE® within five (5) Business Days of delivery of any damaged Products or any discrepancy between the Customer's order and what has been delivered by LA BIOSTHETIQUE®; and the Customer waives any right to make a claim for an order to be corrected if made after that time. It is also recognized that LA BIOSTHETIQUE® will read back and confirm all telephone orders to the caller. The Customer shall bear the onus of establishing that any delivery effected differs from the order placed on LA BIOSTHETIQUE® by the customer.
4.6. No Products shall be returned to LA BIOSTHETIQUE® pursuant to Clause 4.4 for refund or replacement without the Customer first obtaining an authorization number from LA BIOSTHETIQUE® by telephoning the LA BIOSTHETIQUE® Customer Service Department on the telephone numbers referred to in Clause 4.1.
5. MANUFACTURER
5.1. The Customer acknowledges that LA BIOSTHETIQUE® is dependent upon the Manufacturer for supply, delivery dates, specifications, and all manner of things relevant to most Products.
5.2. Any price list or other document published by LA BIOSTHETIQUE® does not constitute a representation by LA BIOSTHETIQUE® that the Products detailed in such publication are available for purchase by the Customer. The Manufacturer may at any time and without notice to LA BIOSTHETIQUE® vary the composition of or packaging for the Products and LA BIOSTHETIQUE® does not undertake that any Products supplied to the Customer will be identical to those previously purchased or advertised.
6. PROHIBITION AGAINST RESALE OF PROFESSIONAL PRODUCTS
6.1. The Customer shall:
6.1.1. (where a Salon) only use the Professional Products in the course of its business and do so with professional skill and care, and
6.1.2. not resell or supply any Professional Products to any person, company, or any other business.
6.2. It is a condition of the sale of Consumer Products to the Customer that Consumer Products shall only be sold by the Customer to End-users.
7. TITLE AND RISK
7.1. LA BIOSTHETIQUE® reserves all rights for the use of LA BIOSTHETIQUE®, BELAVANCE®, and DERMOSTHETIQUE® trademarks and logos. The Customer is prohibited from using these trademarks and logos without prior consent from LA BIOSTHETIQUE®.
7.2. In the event of the pronouncement of a termination of this Agreement, the Customer has within 7 days to cease the use of the trademarks and logos, not limited to advertising material, signage, and other marketing events.
7.3. Risk of loss or damage to the Products shall pass to the Customer upon receipt of those Products by the Customer or any person apparently authorized to accept delivery of goods on behalf of the Customer.
7.4. LA BIOSTHETIQUE®, or its agents, may enter the Customer’s premises to take possession of any of its Products in the event that any payment or charges (in respect of those or any other products) become overdue.
8. CHARGES
8.1. Subject to clause 4.3.2, payment for the LA BIOSTHETIQUE® Products shall be made no later than thirty (30) Days after the date of invoice failing which the Customer shall be liable to pay to LA BIOSTHETIQUE® upon demand interest on any outstanding monies at the rate of 3% above the indicator lending rate charged by the St George Bank from time to time calculated on a daily basis from the date payment is due to the date payment is made.
8.2. Payment for all orders shall be made either by:
8.2.1. direct deposits into the LA BIOSTHETIQUE® bank account, which details may be obtained from the LA BIOSTHETIQUE® accounting department;
8.3. authorizing payment to be made by means of a Mastercard, Visa Card, or AMEX at the time of placing the order with LA BIOSTHETIQUE®: We charge a 2% surcharge including GST for all payments made on an American Express; or
8.3.1. forwarding a cheque or money order to LA BIOSTHETIQUE®.
8.4. All invoices for Products for delivery shall include a delivery charge for delivery to the Customer, and these Charges may vary from time to time.
8.5. Unless otherwise shown on the relevant invoice, all prices shown for the Products are exclusive of GST and other value-added taxes, which shall be payable by the Customer in addition to the relevant prices.
9. DEFAULT BY CUSTOMER
9.1. In the event the Customer is in default of any of its obligations in relation to any order for Products (including a failure to make payment for orders delivered), LA BIOSTHETIQUE® may, without limitation to any other remedies set out in these Terms, withhold delivery of all other orders pending remedy of the default.
9.2. Any expenses, costs, or disbursements incurred by LA BIOSTHETIQUE® in recovering any outstanding amounts, including debt collection agency fees or legal fees, shall be recoverable from the Customer.
10. IMPLIED TERMS AND LIMITATION OF LIABILITY
10.1. Where conditions or warranties are implied or other rights are given in respect of the Agreement under the Competition and Consumer Act 2010 or any other laws, they are, to the extent permitted by such laws, excluded from the Agreement. Where such implied conditions or warranties are not able to be excluded, or warranties are not able to be excluded, LA BIOSTHETIQUE’s® liability for any breach of a condition or warranty shall, if and to the extent permitted by such laws, and subject to any qualifications appearing in such laws, be limited to:
10.1.1. in the case of goods supplied, to any one or more of the following (as LA BIOSTHETIQUE® may determine):
10.1.1.1. the replacement of the goods or the supply of equivalent goods;
10.1.1.2. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
10.1.2. in the case of services supplied, to one of the following (as LA BIOSTHETIQUE® may determine):
10.1.2.1. the supplying of the services again; or
10.1.2.2. the payment of the costs of having the services supplied again.
10.2. Same as provided in Clause 10.1, LA BIOSTHETIQUE® shall not be liable to the Customer or any person or entity claiming under it in contract or in tort for, or in respect of, any direct, indirect, or consequential loss, damage, expense, or injury or costs (including all legal costs) suffered by the Customer or any other person or entity whatsoever, arising out of or relating to:
10.2.1. the sale (or non-sale) of Products to the Customer or the Products themselves, their use or otherwise or the Agreement, its performance or non-performance or any error in information supplied to the Customer before or after the date of the Agreement in connection with its subject matter.
10.2.2. LA BIOSTHETIQUE® affording any customer any rights of exclusivity, or in relation to any territory;
10.2.3. LA BIOSTHETIQUE® howsoever terminating any supply to or agreement with the Customer or any other person.
11. TERMINATION
11.1. LA BIOSTHETIQUE® may, at any time at its own discretion, terminate the supply of Product to any Customer without cause.
11.2. Notwithstanding that the Customer has no right to require LA BIOSTHETIQUE® to sell Products to it, LA BIOSTHETIQUE® may upon the occurrence of any of the following events decline to consider any further request for supply of Products from the Customer:
11.2.1. the failure of the Customer to perform any of the terms of any agreement with LA BIOSTHETIQUE® for the supply of Products (including a failure to make payment for orders delivered);
11.2.2. a receiver, manager, or administrator of the Customer, its assets, income or business, or any part of it is appointed to being appointed, an application is made for the liquidation or the appointment of any such person (being a corporation), or an application is being made for the bankruptcy of the Customer (being a person).
11.2.3. LA BIOSTHETIQUE® may, at any time at its own discretion, repurchase and/or collect any unused/unsold LA BIOSTHETIQUE® inventory from any Customer. The price for repurchase for all inventory in good saleable condition will be equivalent to the price paid by the Customer to LA BIOSTHETIQUE® for such inventory (less 10% handling charge). The Customer shall return all items that are not in resalable condition to LA BIOSTHETIQUE® without charge or credit.
12. GENERAL
12.1. LA BIOSTHETIQUE® shall not be liable for any delay or any breach or default of the Agreement in circumstances where such delay, breach, or default is caused by labor troubles, strikes, lockouts, war, riot, insurrection, civil commotion, fire, flood, storm, accident, or any act of God or other cause beyond LA BIOSTHETIQUE®'s reasonable control.
12.2. Any indulgence, latitude, or extension of time which LA BIOSTHETIQUE® may show towards the Customer in relation to any of the provisions of the Agreement or any matter or thing relating to it or arising from it shall not in any way prejudice or interfere with LA BIOSTHETIQUE's® rights under the Agreement and shall not be claimed to constitute a waiver of it.
12.3. The Agreement shall be governed by the laws of the State of New South Wales, and the Customer agrees to submit to the non-exclusive jurisdiction of the courts of that State.
12.4. If any provision of these terms shall be or be determined to be illegal, invalid, void, or voidable, the legality or validity of the remainder of the terms shall not be affected and shall continue in full force and effect.
12.5. If the Customer comprises more than one person, these Terms of Sale shall bind each of such persons individually and severally.
12.6. All tester/display retail units/stands remain the property of LA BIOSTHETIQUE®, and LA BIOSTHETIQUE® reserves the right to retrieve units/stands at any time, even if paid in any means.
12.7. The customer may under no circumstances sell or distribute Products on the internet or any website.
RETURNS POLICY
We will accept product(s) return for full credit (of the price paid) within 14 days of order if:
i) The product(s) were mis-picked in our warehouse or keyed incorrectly at the time of order, and the product(s) are returned unopened in New Condition.
ii) The product was damaged in transit.
We will accept the return of products for full credit (of the price paid) within 14 days of the order being placed, providing that:
a) The customer accepts the 25% restocking fee.
b) The product(s) is unopened, in New Condition (no marks, no price stickers, etc.).
*No returns will be accepted after 14 days from the order.
** All credits will be applied to the trading account only after they have been received in our offices and verified as above.
***All returns must include the invoice number from when they were purchased.
****Where the product(s) are being returned because they are faulty, damaged, or were incorrectly keyed in or mis-picked, La Biosthetique will pay for the return of the goods. For returns that are a change of mind, the customer is responsible for organizing the return of the goods at their expense.
