Wholesale Terms & Conditions

TERMS AND CONDITIONS OF WHOLESALE PURCHASE

1. DEFINITIONS

    In these Terms and Conditions:

    “Nail Care Products” means Say It With Polish’s wholesale nail care products listed for sale on www.sayitwithpolish.com/collections/wholesale/, to be applied to the fingernails or toenails for the purposes of restoring, manicuring or protecting the nails, as varied from time to time.

    “Nail Polish Products” means Say It With Polish’s wholesale nail polish products listed for sale on www.sayitwithpolish.com/collections/wholesale/, comprising of varnishes to be applied to the fingernails or toenails for the purpose of colouring or coating the nail, as varied from time to time.

    "Products" means the wholesale products listed for sale by Say It With Polish from time to time on www.sayitwithpolish.com/collections/wholesale/, including but not limited to the Nail Polish Products and Nail Care Products.

    "We", "Our" or "Us" means Say It With Polish Australia Pty Limited, ACN 601 218 179 of Suite 308, 50 Holt Street, Surry Hills in the state of New South Wales.

    "Wholesale Website" means www.sayitwithpolish.com/collections/wholesale/.

    "You" or "Your" means the person who accepts these Terms and Conditions by using this Website and associated software, networks and processes, including for the purchase of Say It With Polish Products through the Website.

    By placing an order for Products on Our Website You are offering to purchase the Products on and subject to these wholesale terms and conditions of purchase.

    2. SPECIFICATIONS

      All volumes, dimensions and specifications of Products described or depicted on the Website are approximate and are subject to change from time to time without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us.

      3. INGREDIENTS IN NAIL POLISH PRODUCTS AND NAIL CARE PRODUCTS

      By making a purchase, You acknowledge that the Nail Polish Products comprise the following ingredients, including several that are flammable and are subject to regulations and laws governing the transport and storage of flammable substances:

      • Ethyl Acetate;
      • Butyl Acetate;
      • Nitrocellulose, Adipic Acid/Neopentyl Glycol/Trimellitic Anydride Copolymer;
      • Acetyl Tributyl Citrate, Isopropyl Alcohol; 
      • Acrylates Copolymer;
      • Stearalkonium Bentonite;
      • N-Butyl Alcohol;
      • Styrene/Actrylates Copolymer;
      • Benzophenone 1;
      • Silica;
      • Polyvinyl Butyral; and
      • Trimethyl Pentanediyl Dibenzonate,

      And, depending on the colour of the Product, it may also contain:

      • Polyethylene Terephthalat;
      • Aluminium Hydroxide;
      • BIS(Glycidoxyphenyl)Propane/Bisaminomethylnorbonane Copolymer;
      • Diethylaminomethylcoumarin, Cocamide Dea;;
      • Calcium Almunium Borosilicate;
      • Phosporic Acid;
      • MICA;
      • CI 15850 Red 7 Lake;
      • CI 15850 Red 6 Lake;
      • CI 77499 Black Iron Oxide;
      • CI 77891 Titanium Dioxide;
      • CI 15880 Red 34 Lake;
      • CI 77163 Bismuth Oxychloride;
      • CI 77491 Iron Oxide;
      • CI 77510 Ferric Ferrocy Anide;
      • CI 19140 Yellow 5 Lake;
      • CI 77000 Aluminium Powder;
      • CI 60725 Violet 2;
      • CI 47005 Yellow 10 (FDA Approved D&C Yellow 10);
      • CI 47000 Yellow 11;
      • CI 42090 Blue 1;
      • CI 77007 Ultramarine Blue;
      • CI 45410 Red 28; and
      • CI 45380 Red 22.

      By making a purchase, You also acknowledge that the Nail Care Products comprise the following ingredients, including several that are flammable and are subject to regulations and laws governing the transport and storage of flammable substances:

      • Water
      • Glycerine
      • Aminomethyl propanol
      • Phenoxyethanol
      • DDMDM Hydantoin
      • Styrene/Acrylates Copolymer
      • Carbomer
      • Fragrance
      • Lavandula Angustifolia (Lavender) Oil
      • Eucalyptus Globulus Leaf Oil
      • Hydrolyzed Wheat Protein
      • CI 19140
      • CI 42090
      • Parafin Liquidum
      • Sweet Almond Oil
      • Camelia Tea Oil
      • Macadamia Oil
      • Kunzea Oil
      • Ylang Ylang Oil
      • Jojoba Oil
      • Spikenard Oil
      • Blue Yarrow Oil
      • Vitamin E
      • Fragrance
      • Cl77510
      • Cl60725
      • Cl26100
      • Cl47000

       4. CONTRACT FORMATION

      When You place an order, You will receive an acknowledgement e-mail confirming receipt of Your order. This email will only be an acknowledgement and will not constitute acceptance of Your order. A contract between Us for the purchase of the Products will not be formed until Your payment has been approved and Your credit or debit card has been debited for the full purchase amount.

      5. PRICING AND AVAILABILITY

      Whilst We try and ensure that all details, descriptions and prices which appear on this Website are accurate, very rarely an error may occur. If We discover an error in the price of any Products which You have ordered we will inform You of this as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If We are unable to contact You we will treat the order as cancelled. If You cancel and You have already paid for the Products, You will receive a full refund.

      All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order and included in the 'Total Cost'.

      6. PAYMENT

      Upon receiving Your order We carry out a standard pre-authorisation check on Your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

      When placing an order You undertake that all details You provide to us are true and accurate, that You are an authorised user of the credit or debit card used to place Your order and that there are sufficient funds to cover the cost of the Products.

      We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections

      7. DELIVERY

      Delivery is charged separately in accordance with our standard rates schedule and is subject to change from time to time.

      Dispatch times may vary according to availability and any representations made as to indicative delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.

      Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

      8. RISK

      Risk in the Products passes to You from the time the Products leaves our warehouse in Sydney, Australia. We are not responsible to You or any person claiming through You for any direct or indirect loss or damage to the Products in transit caused or contributed to by any event of any kind by any person (whether or not We are legally responsible for the for the person who caused or contributed to that loss or damage).

      We will provide You with such assistance as may be necessary to press claims against the carrier as long as You:

      • have notified Us and the carriers in writing immediately after loss or damage is discovered on receipt of the Products; and
      • lodges a claim for compensation within three (3) days of the date of receipt of the goods.

      9. RETURNS AND EXCHANGES

      9.1   Faulty Products

      Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to have the Products repaired or replaced if the Products are damaged or fail to be of acceptable quality.

      If You think that there is a fault with the Products You have received, please let Us know straight away by contacting our Customer Care Team at hello@sayitwithpolish.com.au. Please include as many details as possible about the order and the problem with the Products.

      In all other circumstances other than those imposed under Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services), Say It With Polish is not obliged to refund You for unwanted or unused Products.

      9.2   Returning Defective Products

      This section applies to the return of any defective Products.

      You are responsible for the costs of returning defective Products to Us. Any Products returned are Your responsibility until they reach our warehouse. Please ensure You package Your return to prevent any damage to the Products or packaging. We are not responsible for any Products that are returned to Us in error.

      We recommend You use a postal service that insures You for the value of the Products You are returning. Please send Your returned Products to:

      SAY IT WITH POLISH RETURNS CENTRE
      Suite 308
      50 Holt Street, Surry Hills NSW 2010

      10. WARRANTY AS TO SALE, STORAGE, TRANSPORT AND USE

      You warrant that the Products will only be sold and used for the purpose for which they are intended and You are liable for and indemnify Us for any contrary sale or use.

      You also acknowledge that as the Nail Polish Products and Nail Care Products contain substances which are flammable, it is Your responsibility to ensure compliance with all applicable laws, statutes and regulations relating to the transport, handling and storage of the Products.

      11. LIMIT OF LIABILITY

      11.1 General Limit

      Except as provided in these Terms and Conditions of Wholesale Purchase, all express or implied guarantees, warranties, representations and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Products for any purpose, are expressly excluded from these Terms and Conditions of Wholesale Purchase to the maximum extent permitted by law.

      Nothing in these Terms and Conditions of Wholesale Purchase excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of Products in certain circumstances.

      In particular our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

      If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase of Products under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and We are able to limit the remedy for a breach of the Non-Excludable Provision, then Our liability for breach of the Non-Excludable Provision in the case of Products, is limited to one of the following at our sole discretion:

      (a) the replacement of the Products;

      (b) the supply of equivalent Products;

      (c) the repair of the Products;

      (d) the payment of the cost of replacing the Products or of acquiring equivalent Products, or

      (e) the payment of the cost of having the Products repaired.

      11.2 Consequential Damages

      Subject to Our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, We are not liable for, and no measure of damages will, under any circumstances, include:

      (a) special, indirect, consequential, incidental or punitive damages; or

      (b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

      whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

      12. INDEMNITY

      You indemnify and forever indemnify and release Us from all actions, claims, demands, losses, damages, costs and expenses for which We are, may be or may become liable for in respect of or arising from:

      • damage to property, loss of life, or injury to persons to the extent caused or contributed to by the Products or Your transport, storage, handling or use of the Products;
      • non-compliance any laws, including but not limited to legislation or regulations, which relate to the transport, storage, handling, use or sale of the Products by You; or
      • any breach or alleged breach of these Terms and Conditions of Wholesale Purchase by You.

      13. INTELLECTUAL PROPERTY RIGHTS

      You shall not, without Our prior written approval, use or reproduce any intellectual property rights associated with the Products, including without limitation, trade marks, logos, the label artwork created by Us, Our bottle design, copyright, trade names or patents.

       

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