Wholesale Terms & Conditions

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1. Becoming a Forever Gorgeous Stockist

Applications to become an authorised Forever Gorgeous stockist are subject to approval by Forever Gorgeous.

Approval is based on the suitability of the business, location, customer base, presentation, product offering and alignment with the Forever Gorgeous brand.

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Approval as a stockist does not create a franchise, partnership, agency or employment relationship between Forever Gorgeous and the stockist.

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Forever Gorgeous reserves the right to decline an application where appropriate, provided this is done in accordance with applicable Australian law.

 

2. Authorised Retailers

Approved stockists may purchase Forever Gorgeous products at the applicable wholesale prices and resell those products through their approved retail business.

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Stockists must only sell genuine Forever Gorgeous products obtained directly from Forever Gorgeous or an authorised Forever Gorgeous distributor.

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Stockists must not knowingly supply products to unauthorised resellers, wholesalers, marketplaces or businesses without prior written approval.

3. Wholesale Pricing

Wholesale prices are provided to approved stockists and are exclusive of GST unless otherwise stated.

Recommended Retail Prices (RRP) may be supplied by Forever Gorgeous as a guide to assist stockists in maintaining consistent brand positioning.

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Stockists remain responsible for setting their own retail prices, subject to applicable Australian competition and consumer laws.

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Forever Gorgeous may review wholesale and recommended retail pricing from time to time. Where practical, reasonable notice will be provided of material wholesale price changes.

4. Minimum Opening Order

A minimum opening order of $250 excluding GST applies to new stockists. The minimum opening order may be reviewed from time to time.

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No ongoing monthly purchase requirement. However, Forever Gorgeous reserves the right to review inactive stockist accounts where no wholesale purchases have been made for 6 months.

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Forever Gorgeous may offer selected introductory packages, starter packs or promotional arrangements to approved new stockists.

5. Reordering

There is no requirement to place an order every month unless otherwise agreed in writing.

Stockists are encouraged to maintain sufficient stock to properly represent the Forever Gorgeous range and provide customers with a positive purchasing experience.

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Forever Gorgeous may contact stockists regarding replenishment, new products and promotional opportunities.

6. Payment Terms

Unless otherwise agreed in writing, orders are payable in full prior to dispatch.

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Approved account customers may be offered payment terms such as 7 or 14 days from invoice, subject to credit approval.

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Forever Gorgeous may review, suspend or withdraw credit terms where invoices become overdue.

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Ownership of products remains with Forever Gorgeous until payment has been received in full.

7. Orders

Orders are subject to product availability.

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Forever Gorgeous will use reasonable efforts to fulfil accepted orders within the stated processing and delivery timeframe.

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If an ordered product becomes unavailable, Forever Gorgeous may contact the stockist regarding an alternative product, revised delivery timeframe or refund/credit for the unavailable item.

8. Freight & Delivery

Freight and delivery charges will be advised at the time of ordering or shown on the relevant wholesale price list.

Delivery times are estimates and may be affected by courier delays, weather, public holidays, supply interruptions or circumstances outside the reasonable control of Forever Gorgeous.

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Risk in the products passes to the stockist upon delivery to the nominated delivery address, subject to applicable Australian law.

9. Damaged or Incorrect Goods

Stockists must inspect deliveries within 7 days of receiving the order.

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Any damaged, faulty, missing or incorrectly supplied products should be reported to Forever Gorgeous as soon as reasonably possible and, where possible, accompanied by photographs and the relevant invoice/order number.

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Nothing in these terms limits any rights or remedies available under the Australian Consumer Law.

10. Returns

Wholesale products may only be returned with prior approval from Forever Gorgeous.

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Change-of-mind returns, excess stock and products ordered incorrectly are not automatically eligible for return.

Where Forever Gorgeous agrees to accept a return, the products must generally be unopened, unused, undamaged and in saleable condition.

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Faulty or incorrectly supplied products will be dealt with in accordance with applicable Australian consumer law.

11. Product Presentation

Stockists agree to present Forever Gorgeous products in a clean, professional and appropriate retail environment.

Products should remain in their original packaging and should not be altered, relabelled, decanted or repackaged without written approval.

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Stockists must not make claims about Forever Gorgeous products that are false, misleading, unsubstantiated or inconsistent with information supplied by Forever Gorgeous.

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Australian consumer law prohibits businesses from making false or misleading claims about products.

12. Brand & Marketing Materials

Forever Gorgeous may provide approved product images, logos, descriptions, marketing materials and social media content to authorised stockists.

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Stockists may use approved Forever Gorgeous marketing materials solely to promote and sell genuine Forever Gorgeous products.

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The Forever Gorgeous name, logo, product names, images, packaging designs, written content and other intellectual property remain the property of Forever Gorgeous or its relevant owner.

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Stockists must not modify, reproduce, register or use Forever Gorgeous intellectual property in a way that suggests ownership, endorsement or affiliation beyond their status as an authorised stockist.

13. Online Sales

Stockists wishing to sell Forever Gorgeous products online must disclose their online sales channels during the application process.

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Forever Gorgeous may require approval of online presentation to ensure products and brand materials are represented accurately and professionally.

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Stockists must not create websites, social media accounts, domains or advertising that could reasonably be confused with the official Forever Gorgeous business.

14. Third-Party Marketplaces

Sale of Forever Gorgeous products through third-party marketplaces such as Amazon, eBay, Facebook Marketplace or similar platforms requires prior written approval.

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This requirement is intended to protect stockists, consumers and the overall presentation of the Forever Gorgeous brand.

15. Recommended Retail Pricing

Forever Gorgeous may provide a Recommended Retail Price (RRP).

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RRP is provided as a recommended guide only. Stockists are responsible for determining their own retail pricing in compliance with applicable Australian laws.

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Forever Gorgeous does not require a stockist to sell products at a particular minimum price.

16. Promotions & Discounts

Forever Gorgeous may provide approved promotional campaigns, seasonal offers, samples, bundles or marketing incentives from time to time.

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Stockists may participate in these promotions at their discretion unless a specific promotional arrangement has been separately agreed.

17. Exclusivity

Appointment as a Forever Gorgeous stockist does not automatically provide territorial, geographical or online exclusivity.

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Any exclusive territory, customer category or distribution arrangement must be separately agreed in writing and will be subject to specific terms and conditions.

18. Product Information & Formulations

Forever Gorgeous may update products, packaging, ingredients, product sizes or formulations from time to time.

Where a material change affects a product supplied to a stockist, Forever Gorgeous will endeavour to provide reasonable notice where practicable.

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Stockists are responsible for ensuring that current product information supplied by Forever Gorgeous is used in their marketing and sales materials.

19. Confidential Information

Wholesale pricing, special purchasing arrangements, promotional agreements, product development information and other commercially confidential information supplied by Forever Gorgeous must not be disclosed to third parties except where required by law or agreed in writing.

20. Privacy

Forever Gorgeous will collect and use stockist information for purposes including processing applications, orders, payments, deliveries, customer service, account management and communicating relevant business information.

Personal information will be handled in accordance with applicable Australian privacy laws and Forever Gorgeous' privacy policy.

21. Overdue Accounts

Where an account becomes overdue, Forever Gorgeous may place further orders on hold until outstanding amounts are resolved.

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Reasonable recovery costs may be charged where legally permitted and where such costs have been properly incurred.

22. Suspension or Termination

Either Forever Gorgeous or a stockist may end the stockist relationship by providing 30 days' written notice, unless otherwise agreed.

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Forever Gorgeous may suspend or terminate a stockist account where there is a serious breach of these terms, including:

•     non-payment of invoices;

•     unauthorised resale;

•     misuse of Forever Gorgeous intellectual property;

•     unauthorised alteration or repackaging of products;

•     misleading or damaging representation of the brand; or

•     conduct that materially damages the reputation of Forever Gorgeous.

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Where appropriate, the stockist will be given reasonable opportunity to remedy a breach before termination.

Nothing in this clause limits any rights either party has under applicable law.

23. Stock on Termination

Following termination, the stockist may continue to sell genuine, unopened and lawfully purchased Forever Gorgeous products already in its possession, unless otherwise required by law or agreed between the parties.

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The stockist must cease representing itself as an authorised Forever Gorgeous stockist once the relationship has ended.

24. Changes to These Terms

Forever Gorgeous may update these terms from time to time.

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Material changes will be communicated to affected stockists with reasonable notice where required.

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Any change to an existing agreement will be handled in accordance with applicable law.

25. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any rights, guarantees, warranties or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

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Where these terms conflict with a mandatory legal requirement, the applicable law will prevail.

26. Disputes

Forever Gorgeous encourages both parties to resolve any disagreement promptly and in good faith.

Where a dispute arises, the parties should first attempt to resolve the matter directly.

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If the matter cannot be resolved, either party may seek independent legal or other appropriate assistance.

27. Acceptance

By submitting a stockist application, placing a wholesale order or otherwise purchasing products under an approved stockist account, the stockist acknowledges that it has read and agrees to these terms, to the extent permitted by law.