Wholesale Terms & Conditions
Love Thy Oils
1. About these terms
These terms govern the supply of products by Love Thy Oils ABN 20 670 718 331 ("we", "us", "our") to you, the business named in your approved wholesale account application ("you", "your", "the Stockist").
By placing an order with us, you accept these terms. They apply to every order, and they override any terms in your own purchase order or documentation.
2. Your account
2.1 Wholesale accounts are approved at our discretion. We may decline any application without giving reasons.
2.2 You must be a genuine business with a valid ABN, reselling to end customers.
2.3 The trading premises and website listed in your application are the only places you are authorised to sell our products. If you open additional premises or a new website, you must obtain our written approval first.
2.4 You must keep your account details current, including business name, ABN, contact details and trading addresses.
2.5 Wholesale accounts are personal to you. You may not transfer, assign or share your account, and you may not purchase on behalf of another business.
3. Stockist territory
3.1 We limit the number of stockists we appoint in any given area. Appointment does not grant you exclusivity unless we have agreed otherwise in writing.
3.2 How we define an area, and how many stockists we appoint within it, is at our sole discretion and may take into account business type, location, and the range each stockist carries.
3.3 Online-only stockists do not hold a geographic territory.
4. Orders and pricing
4.1Β There is no minimum order quantity or value.
4.2Β Wholesale prices are those displayed in your account when signed in, at the time you place your order.
4.3Β Wholesale pricing is confidential. You must not disclose it to any third party, including other stockists, and must not publish it.
4.4Β We may change wholesale prices at any time. Changes do not affect orders already accepted.
4.5Β Every order is an offer to purchase. No order is binding on us until we accept it. We may decline or cancel any order, in whole or part, including where stock is unavailable or where we believe the order is inconsistent with these terms.
4.6Β We may recommend retail prices. Any recommendation is exactly that β you set your own retail prices.
5. Payment
5.1Β Payment in full is required before dispatch unless we have agreed credit terms in writing.
5.2Β All prices are in Australian dollars and include GST unless stated otherwise.
6. Shipping and delivery
6.1Β Orders under $300 incur a flat shipping charge of $25. Orders of $300 or more are shipped free within Australia.
6.2Β Orders are typically dispatched within 2β3 business days. Dispatch and delivery timeframes are estimates only and are not guaranteed.
6.3Β We are not liable for delays caused by carriers or by events outside our reasonable control.
6.4Β Risk in the products passes to you on delivery to the carrier. Title passes on payment in full.
7. Uncollected parcels
7.1Β If a delivery is missed and the parcel is not collected within the carrier's holding period, it will be returned to us.
7.2Β Re-delivery is charged at $25.
7.3Β If you ask us to refund rather than resend, we may deduct our original shipping cost and a handling and restocking fee of $50 or 20% of the order value, whichever is the lesser.
8. Damaged, incorrect or missing items
8.1Β Please inspect your order on delivery.
8.2Β Damaged, incorrect or missing items must be reported within 7 days of delivery, with photographs of the products and packaging.
8.3Β Where a claim is accepted, we will replace the items or issue a credit, at our election.
8.4Β Claims made after 7 days may not be accepted.
9. Returns
9.1Β We do not accept returns for change of mind, over-ordering, slow sales or discontinued lines.
9.2Β Our products are consumable and aroma-sensitive. Products that have been opened, used, relabelled, repackaged or stored improperly cannot be returned.
9.3Β Nothing in this clause limits your rights under the Australian Consumer Law.
10. Storage and handling
10.1Β You must store products in accordance with any instructions we provide β away from direct sunlight and heat, and in original sealed packaging.
10.2Β You must not decant, dilute, relabel, repackage or alter our products in any way, or present them as your own.
10.3Β You must rotate stock so that earlier stock is sold first, and must not sell any product that shows signs of deterioration or that has been stored outside the conditions in clause 10.1.
11. Brand, imagery and intellectual property
11.1Β All trade marks, product names, imagery, copy and packaging remain our property.
11.2Β We grant you a non-exclusive, revocable licence to use our approved product imagery and copy solely to promote and sell products you have purchased from us. This licence ends when your account ends.
11.3Β You must not alter our imagery, remove branding, or use our brand in a way that suggests partnership, endorsement or agency beyond a stockist relationship.
11.4Β You must not register or use our trade marks, or anything confusingly similar, in any business name, domain name, social handle or paid search term.
12. Product claims and marketing
12.1Β Australian regulation restricts what may be claimed about aromatherapy products.
12.2Β In all listings, packaging, signage, advertising and social content, you must confine yourself to comfort and wellbeing language and must not state or imply that any product treats, cures, prevents or relieves any medical condition.
12.3Β You are responsible for your own marketing and for its compliance with the Australian Consumer Law, the Therapeutic Goods Act 1989 (Cth), and any applicable advertising codes.
12.4Β You indemnify us against any claim, penalty or loss arising from your marketing.
12.5Β We may require you to remove or amend any content that we consider non-compliant or damaging to our brand, and you must comply promptly.
13. Online sales and marketplaces
13.1Β You may sell our products through the website nominated in your application.
13.2Β You must not list our products on third-party marketplaces including Amazon, eBay, Catch, MyDeal, Kogan, Temu, Etsy, Facebook Marketplace or any equivalent platform, without our prior written consent.
13.3Β You must not export our products or sell to buyers outside Australia without our prior written consent.
13.4Β You must not supply our products to another reseller.
14. Stock availability
14.1Β Our products are natural and subject to seasonal and supply variation. We do not guarantee continuous availability of any product.
14.2Β We may change, reformulate or discontinue any product at any time without notice or liability.
15. Suspension and termination
15.1Β Either party may close the wholesale account at any time by written notice.
15.2Β We may suspend or close your account immediately if you breach these terms, become insolvent, or act in a way we reasonably consider damaging to our brand.
15.3Β On termination, all licences granted to you end, you must stop holding yourself out as a stockist, and you must remove our branding from your website and social channels. You may sell through remaining stock unless we direct otherwise.
15.4Β Any amounts owing become immediately payable.
16. Liability
16.1Β Certain guarantees under the Australian Consumer Law cannot be excluded. Nothing in these terms excludes those rights.
16.2Β To the extent permitted by law, our liability for any product is limited, at our election, to replacing the product, supplying an equivalent, or refunding the price paid.
16.3Β To the extent permitted by law, we are not liable for indirect or consequential loss, including loss of profit, revenue, goodwill or business opportunity.
16.4Β Our total liability in any 12-month period will not exceed the total amount you paid us in that period.
17. Confidentiality
You must keep confidential any non-public information we provide, including wholesale pricing, product roadmaps and account terms, both during and after the relationship.
18. Changes to these terms
We may update these terms at any time by publishing the revised version on our website. The terms in force when you place an order are the terms that apply to that order. We will give you reasonable notice of material changes.
19. General
19.1Β These terms are governed by the laws of the Australian Capital Territory, and both parties submit to the courts of that territory.
19.2Β Nothing in these terms creates a partnership, joint venture, employment or agency relationship. You are an independent business.
19.3Β If any provision is found unenforceable, it is read down or severed, and the remainder continues to apply.
19.4Β Notices may be sent to the email address on your account.