Terms and Conditions (for Stockists)
These Stockist terms and conditions of sale (the “Stockist Terms”) are a supplement to our standard terms and conditions, including all documents incorporated herein by reference, and together form a legal agreement between the Stockist and The Beauty Berry Company. The “Effective Date” of these Stockist terms shall be the earlier of the date the Stockist agrees to these terms, agrees to be a Stockist, accesses the Stockist Area of the Website, or creates a wholesale order (minimum of 25 bottles) of the Product.
As used in these Stockist Terms, the following definitions shall apply:
- “Product” shall mean Facial Aesthetics Food supplement (wholesale for stockists). This can only be purchased via the “Stockist Area” that can be accessed at https://www.thebeautyberrycompany.com/products/facial-aesthetics-food -for-stockists and required a minimum of 25 bottles to be purchased.
- “Stockist” shall mean “you”, “your”, “their”, including online stores, clinics, salons, beauty industry professionals or other businesses who purchase Facial Aesthetics Food supplement not for their own use but for the purposes of marketing and reselling to end of users of Facial Aesthetics Food.
- “We”, “us” and “Company” shall mean The Beauty Berry Company.
- All defined terms in the standard Terms and Conditions.
These Stockist terms i) stipulate the Stockist compliance requirements and the additional terms and conditions as a stockist of the Product, ii) provide the terms and conditions, as expressly authorised in the Stockist terms, on which we authorise Stockist to resell our Product.
The Company reserves the right to refuse any order from a Stockist. The parties agree as follows:
BECOMING AN AUTHORISED STOCKIST
To become a Stockist of our Product, you must first apply via https://www.thebeautyberrycompany.com/pages/become-a-stockist or enquire by sending the information that is request on stockist enquiry form to email@example.com. The requested information is to be completed to the best of your ability and we will contact you if any additional information is required. We also reserve the right to request additional information and certifications as deemed necessary. The Beauty Berry Company will notify you via email should you be approved as an authorised stockist and will provide the following information:
- The volume-based pricing, subject to the following:
- At The Beauty Berry Company’s discretion, prices are subject to change at any time.
- No additional costs (with exemption of delivery fee) will be added. Not value added tax will be added to the price.
- A digital copy of the company Education Pack. It includes further product details and customer FAQs to provide support to the Stockist.
Upon written confirmation of acceptance, which shall be deemed to include the acceptance of the Stockist Terms, you will be given an access code to the Stockist Area to make a purchase.
Upon confirmation of approval from The Beauty Berry Company, and subject to and in accordance with these Stockist Terms, the Company authorises Stockist and Stockist hereby accepts authorisation, to market and resell Products directly to consumer (persons purchasing for their own use) via an online store or in person (brick and mortar, in-clinic), and in the authorised Territory. Stockist is not allowed to resell Product persons who are buying for resale. Stockist is also not allowed to sell Product on third party websites like Amazon and eBay. “Territory” means the for a Stockist located in the UK, and Europe. Stockist agrees not to sell, ship or transfer Products to countries outside of the UK and Europe without specific prior agreement between the parties in writing.
Authorisation is subject to the following conditions:
- Stockist is not authorised to purchase products for Stockist’s own use.
- In relation to the resale of our Product, Stockist may designate itself as an “Authorised Stockist of Facial Aesthetics Food®” or an “Authorised reseller of Facial Aesthetics Food®” only to the extent expressly provided in and authorised by these Stockist Terms. Stockist must conduct business in its own name and cannot represent, in any manner or to any extent, that Stockist is affiliated with, or is part of The Beauty Berry Company.
- Stockist is prohibited from selling Product on third party marketplace or auction website (e.g., Amazon or eBay.)
- Stockist is restricted from selling to customers outside their authorised Territory.
- Stockist makes such resales pursuant to terms and conditions no less stringent than our standard Terms and Conditions for consumers.
- Stockist makes no representation or warranty on behalf of Company.
- Stockist fairly and accurately always represents the Product and Services in accordance with the Company Brand Guidelines.
- Stockist ensures that the complete unopened and untampered Product is delivered to the end user.
- Product must be sold in compliance with all applicable laws and regulations.
If you become aware of any such prohibited sales or activities of others, we require that you notify us immediately.
Stockist’s authorisation as a Reseller is limited, non-transferable, non-exclusive, and revocable at any time. Reseller acknowledges that Company reserves the unrestricted right to directly sell, market and distribute, or to grant to others the right to sell, market, and distribute the Products in the Territory. Stockist further acknowledges that Company also reserves the unrestricted right to grant exclusivity to a particular Territory.
Support is available to the Stockist via our support email firstname.lastname@example.org in relation to the Product and functionality. We are not obligated to provide training or support to the Stockist pertaining to how to market and/or sell our Product.
You represent, warrant and agree that you shall comply with the following obligations and responsibilities:
- Ensure you have read our Education Pack and are familiar with our Product
- Ensure anyone you have made responsible for selling our Product has read the Education Pack and is familiar with our Product.
- Expend reasonable time and effort to sell, promote, market, and advertise our Product.
- Not in any manner or to any extent whatsoever incur any expenses on behalf of Company without our prior written consent. Unless otherwise agreed in writing between the parties, any and all costs incurred by you in any connection with these Stockist Terms shall be your sole responsibility and liability.
- Sell Product only by the Stockist and not sub-distributed to any other person in any way.
- Product is not to be described, on any media, as medicines or having any medicinal qualities or attributes, and nor shall any claims of therapeutic, permanent or far reaching effects be made, including through testimonials from end users.
Once an authorized Stockist you will be given a code to access the “Stockist area” of our online store. Here you will be able to order our Product. If this process is not suitable for you, alternative means for processing an Order may be available. Contact email@example.com for further information. Contact firstname.lastname@example.org prior to ordering if you would like to order more than 100 bottles of our Product.
All Orders placed by Stockist are subject to acceptance by us and we reserve the right to decline any Order, entirely or in part, at our discretion and for any reason. An Order shall only be deemed accepted by us when we provide an Order confirmation in writing or when we initiate the shipment of the Product to the Reseller. We may make staggered shipments pending inventory availability. We will endeavour to make reasonable efforts to promptly notify Stockist of our intent to reject, in part or in full, any Orders or our intent to stagger shipments of the Order.
REQUIRED ORDER INFORMATION
All Orders must include, as a minimum, the following information: a) specific Product being ordered; b) unit quantity; c) agreed per unit pricing and subtotal Order price d) complete shipping address (must be a street address, postal box number will not be accepted); and e) mailing contact name, email and phone number.
Your package will arrive 1-2 business days after it has been dispatched. 8 bottles will be dispatched using Royal Mailed. 25+ bottles will be dispatched using UPS tracked express. All packages will need to be signed for on arrival.
- Orders placed before 12pm Monday - Friday will be dispatched on the same day.
- Orders placed after 12pm Monday - Friday will be dispatched the next Business day.
- Orders placed on Saturdays and Sundays will be dispatched the following Monday.
- No orders will be posted on UK bank holidays, and will be delayed until the next working day.
ORDER CANCELLATION / DELAY AFTER ORDER ACCEPTANCE BY US
Orders cannot be cancelled or rescheduled by the Stockist without our written consent. We may, in our own discretion, cancel or delay an Order and will make reasonable efforts to promptly notify Stockist of such. Cancelled ordered will be refunded in full.
MINIMUM ORDER / ORDER QUANTITIES
The minimum order quantity is 25 bottles. The “Stockist Area” allows orders in multiples of 25.
SHIPPING INTERNATIONAL ORDERS
We only ship wholesale orders to areas in the UK only due to customs and shipping complications. We will not accept Stockist requests for clinics or online stores that are based outside of the UK.
PRICE AND PAYMENT
The price of Product and postage fees are those in force at the date of order, and are subject to change at any time without notice and are payable by the Stockist at the time an order is made (without deduction, set-off or counterclaim).
RESALE OF PRODUCT
PRODUCT RESALE PRICING
We reserve the right to aid in the Reseller’s sales and/or promotions via creating awareness and driving engagement/sales. We reserve the right, at our discretion, to provide customers with your contact information to direct customers to you.
Product shall only be re-sold at the recommended retail price (RRP) of £15.
Product can only be on sale for a total of six (6) weeks per calendar year in any given Territory. Product can only be on sale to a maximum of 25%. Exceptions to this includes:
- Inclusion in online storewide or entire clinic discounts offers. Storewide or entire clinic offers can be a maximum of 30% discount.
- Bundle pricing is acceptable when bundled with other product(s) aligned with the intent of our Product.
- Bundle pricing is acceptable when bundled with more of the same Product. In this circumstance there is no time limit for how long you decide to offer bundle discounts that match our standard bundle discounts. Our standard bundle discount is 10% off 3 bottles and 15% off 6 bottles. Discounts greater than this will account to the six (6) week limit.
Exceptions to these product resale pricing terms including permissions to have extended time sales or greater discounts must be requested in writing to email@example.com and will typically be granted on a semi-annual basis.
You are permitted to resell online through your official website direct to your customers, however authorised approval is subject to the following conditions:
- ii) compliance with our Company Brand Guidelines including consistency between the website and our advertising, trademarks and marketing;
iii) the accuracy of content related to the Products;
- iv) product claims and offerings; and
- v) any material changes to the above.
- c) At our request, you may be required to provide screen prints of any or all page referring to the Company and/or Product in order to properly provide our marketing material quality assurance check.
- d) Your website must:
- i) not use “The Beauty Berry Company” or “Facial Aesthetics Food” in the domain name of your website;
iii) comply with all applicable laws and industry standards that apply within your Territory;
Should we determine that you are not meeting the above conditions, we will notify you for immediate resolution at your cost. Any deviation from or requested exception from these conditions must be preapproved by Us.
Stockist shall ensure that the following statement is prominently displayed on its website:
Facial Aesthetics Food® is not intended to diagnose, treat, cure or prevent any disease.
You are permitted to resell in-clinic to clients or to customers via brick-and-mortar (“B&M”) sales, however authorised approval is subject to the following
- a) You shall confer with us from a marketing material quality assurance perspective prior to use of and accessibility to our Product in your B&M location or made available to your customers pertaining to:
- i) compliance with our Brand Guidelines including consistency between our advertising, trademarks and marketing;
iii) the accuracy of all content related to the Products;
- iv) product claims and offerings; and
- iv) any future material changes to the above.
- v) Ensure that salon premises (as set out on the Application Form) are maintained in a hygienic and aesthetic state of repair and decoration.
The Stockist shall ensure that:
The Company’s merchandising material, which the Stockist is obliged and agrees to receive and use, is prominently displayed at its premises, to the satisfaction of the Company.
All expired material, as advised by the Company from time to time, is to be removed immediately;
The good name of the Company is maintained by the Stockist, both before and after the termination (for whatever reason) of these Conditions;
Product is not described, on any media, as medicines or having any medicinal qualities or attributes, and nor shall any claims of therapeutic, permanent or far reaching effects be made, including through testimonials from end users. It is never to be suggested that supplementing is an alternative for a balanced/varied diet.
Returns must be made in writing to firstname.lastname@example.org within 5 days of delivery date quoting order number and reasons. No returns are acceptable without Company approval. Returned goods must be returned with tracked and insured shipping. We are not responsible for Product until it arrives to us. Products notified to be returned must be physically received back at the Company within 7 days of the Stockist receiving a Returns Reference Number (“RRN”) from the Company, failing which the RRN will lapse and the ability to return the products lost. For any goods returned there is a re-stocking charge of 15% plus shipping chargeable to Stockist.
DAMAGES AND DEFECTS
Stockist must inspect Product immediately upon arrival. Stockist must contact Charissa at email@example.com within 5 days of receiving Product about damaged or defective Products. We will replace damaged stock with new Product without charge to Stockist. Returned Product will not be accepted if it is held for more than 15 days after receipt.
If Product is out-of-stock for the quantity that you want, it will not be available to buy online. Company will not take payment for Product that is not available without notifying Stockist first, so Stockist can determine if they want to create a back-order (pay for goods in advance). If Product is out-of-stock Stockist can contact Charissa at firstname.lastname@example.org to request a back-order of the Product or to be informed when Product is back in stock. Back-orders under £200 will be shipped on the same terms as outlined in the shipping section. Back-orders £200 or above will not be charged a shipping fee.
The Stockist undertakes that it shall not at any time during the currency of these Conditions, and for a period of 3 years after termination, disclose to any person any confidential information concerning the Company.
The Stockist may disclose the Company's confidential information:
- a) to its employees and representatives who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with these Conditions and shall ensure that its employees and representatives to whom it discloses the Company's confidential information comply.
- b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
The Stockist shall not use the Company's confidential information for any purpose other than to exercise rights and perform its obligations under or in connection with these Conditions.
INTELLECTUAL PROPERTY RIGHTS
Stockist acknowledges Company’s ownership and title to its trademarks and trade names (and all other intellectual property rights of The Beauty Berry Company) whether or not registered, and Stockist does not acquire any rights or license other than the license expressly granted herein, nor will Stockist act to impair the rights of the company in and to such ownership and title. Stockist is granted a non-exclusive, non-transferable and non-sublicensable license to use Company’s trademarks associated with the Product in the authorised Territory during the term of this Stockist Terms to the extent necessary in carrying out Stockist’s Product marketing, advertising, servicing and sales activities as authorised hereunder, in accordance with the terms and conditions of this Reseller Terms. Any unauthorised use or modification of the company trademark is expressly prohibited. Company will promptly discontinue the display or use of any Company trademark or change the manner in which such a trademark is displayed or used with regard to the Products when requested by Company. Facial Aesthetics Food and The Beauty Berry Company are both registered trademarks in the UK and EU. Therefore, the symbols ® and ™ can be used for both Product and brand name. We will inform stockist of any changes in registered trademarks.
For in-clinic stockists the words and logo of Product are the intellectual property of The Beauty Berry Company Ltd and may not be used by a Stockist to attract end-users unless the words "Authorised Stockist" are used in conjunction with the word or logo. E.g., Authorised stockist of Facial Aesthetics Food®.
The Stockist, in any event, shall not be entitled to use the Company or Product names and/or any related logos as part of the Stockist's business or trading name including but not limited to the naming of website pages, social media handles or any other publications.
The Company reserves the right to issue, to a particular Stockist or to all Stockists generally, specific and lawful directions from time to time concerning marketing, promotion and internet sales of Products which shall be complied with at the expense of the Stockist.
As an Authorised Reseller, you shall maintain appropriate insurance coverage in connection with performing Installation Services in relation to these Reseller Terms including but not limited to Public/Product Liability insurance, and/or employer’s liability coverage, as appropriate. Upon Company’s request, you will provide evidence of such insurance coverage. You are responsible for your own insurance coverage and all your activities under these Reseller Terms are at your own risk. You are not entitled to any benefits under Company’s insurance policies. Stockist shall disclose all relevant information to the insurer and shall comply with the conditions of their policy.
LIMITATION OF LIABILITY AND INDEMNITY
Except in respect of personal injury caused by the Company's negligence, to the extent permitted by law, the Company shall not be liable to the Stockist under these Conditions by reason of any representation, implied warranty, condition or other item or any duty at common law for any consequential or indirect loss of any kind, loss of sales or business, loss of profits, loss of agreements or contracts, any indirect or consequential loss or any other claims.
The Company shall not in any event be liable to the Stockist for any delay in performing any of the Company's obligations under these Conditions, if the delay is due to any cause beyond the Company's reasonable control.
The Stockist shall indemnify and keep the Company fully and effectively indemnified against all claims and liabilities, including without limitation, any claims from end users which the Company may suffer or incur, howsoever arising, out of any breach by the Stockist of these Conditions.
PROPER LAW, JURISDICTION AND THIRD PARTY RIGHTS
These Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts. These Conditions do not confer on any third party, including end users, any enforceable rights.