Terms of Sale

Terms of service

Valid as of March 1st, 2019.

Definitions
1. “Client” shall mean any person who purchases from Roccoco Cosmetics Pty Ltd.
2. “Individual” refers to any person regardless of whether they are a Client or Stockist that places an order for goods.
3. “Goods” shall mean all Goods supplied by the Supplier to the individual or the business.
4. “Services” shall mean all Services supplied by the Supplier to the individual or business and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
Acceptance
1. Any instructions received by the Supplier from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
2. Where more than one individual or business has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3. Upon acceptance of these terms and conditions by the individual or business the terms and conditions are binding and can only be amended with the written consent of the Supplier.
Price and Payment
1. The price shall be as indicated on invoices provided by the Supplier to the individual or business in respect of Goods supplied.
2. Payment shall be due prior to delivery of the Goods.
3. Payment will be made by PayPal, Credit Card.
4. International fees are the responsibility of each client. We advise using PayPal and linking your account to avoid fees if you are not located in Australia.
Ordering
1. Incomplete orders either on the website or manually created through head office will not be held aside from stock levels. All orders must be completed and the invoice paid within the time frame given on all invoices. If the invoice remains unpaid and stock levels are unable to fulfill the order, Roccoco will not be able to fill the order until stock is replenished. Roccoco will not be liable for any inconvenience this causes to your client or business.
2. Every attempt is made to dispatch by the following business day. However, Roccoco can’t guarantee next day dispatch as this depends on the volume of orders; time of year and public holidays.
3. If a product is out of stock and on back order, the order will not ship until all products are in stock. If you do not wish to wait for the products, a separate order must be placed.
4. Once an order is placed it cannot be adjusted or cancelled. All orders are final after checkout. If you have forgotten to purchase an item, you must place a separate order and pay any shipping costs associated with the separate order.
5. Sales are subject to availability of stock. We cannot honour sales to Clients once sold out. The sale only applies to new orders placed and there are no rain-checks. If you placed an order before the sale the discount will not be applied.
Delivery of Goods
1. All orders are shipped via our designated freight carrier.
2. All orders are shipped FOB shipping point, which means ownership and risk of loss transfers to the Stockists account once the shipment is delivered to the shipping carrier.
3. Once an order is dispatched, the client is considered to have received the goods. Signature on delivery is recommended in the unlikely event that your order goes missing or items are missing from your order. Signature on delivery is included as standard in the shipping costs, even if Roccoco is subsidising the cost. If you choose at checkout, to remove signature on delivery, then Roccoco will not be liable for any missing items within the shipment or parcels that get lost or stolen.
4. The process of fulfilling an order begins as soon as you place your order on the website. Once an order has been released for fulfillment, it cannot be changed.
5. The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for re delivery.
6. Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
7. When you place an order online, it is your sole responsibility to keep your account updated for Billing, Shipping and Business address and all associated contact details. If you place an order and you have not updated addresses and your order is delivered to the incorrect address, Roccoco is not liable and will not replace your order if you are unable to track down your delivery. This also applies to manual orders placed by head office. As we ask you to check every detail especially shipping details before proceeding to payment. If you do not check your invoice and inform head office of amendments needed, again we will not be liable for orders that are delivered incorrectly.
Risk
1. Where the Client expressly requests the Supplier to leave Goods outside the client's shipping address for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.
2. Roccoco accepts no liability if the products are not used in the manner intended.
3. Roccoco accepts no liability if you mix our products with other non-Roccoco products. We do not know what adverse reactions may occur as a result.
4. In the event that you have a reaction to a product and under the proviso that you have not used any other skin care line and the product has been used in the manner intended by Roccoco, the following must occur. You will need to provide evidence in the form of photos whilst your client is experiencing the reaction. You will also be required to submit the reaction form that has been completed by your client. This needs to be sent to head office with the photos. You will be asked to return the products to head office. When all of the above conditions are met, we will determine if the reaction is genuine and if a replacement or gift card is deemed fair and equitable.
Defects
1. The Stockist shall inspect the Goods on delivery and shall within three (3) business days of delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. This does not include faulty packaging e.g. Products not pumping. The client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage and Roccoco will be excluded from any liability. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to (at the Supplier’s discretion) replacing the Goods.
2. Photos or videos are required for any claim involving defects or damage to the goods. All goods are to be returned to head office.
3. No replacements/gift card will be sent until the Stockist has posted the item. If the goods have been found to be defective, then a gift card of the shipping cost will be provided. Once we receive your items a replacement will be sent out.
4. In the event of missing parcels or missing items, our freight carrier requires photographs of the package’s condition when you received it, to evaluate whether tampering with the parcel has occurred.
5. Drop ship orders made by the Stockist to the Client is not the responsibility of Roccoco. If there are any defects, it is the Stockist's responsibility to remedy the issue.
Returns
1. Every Stockist must set their own return policy.
2. Returns to Roccoco are only permitted with authorisation from head office. Buyer’s remorse or the product not selling as you anticipate is not a reason for return.
3. Returns will be accepted if the client has an allergic reaction and they are not mixing Roccoco with other products. The reaction form must be filled out. In order to claim for a reaction, the client must be using/have purchased the product within a one (1)-month time frame. Photos must also be provided of the reaction. Stockists are credited in the event of a reaction. The goods must be returned to head office.
4. Returns are accepted if the goods are damaged or defective, after approval from head office.
5. Any product returned must be at least 20% full. Returns that are lower than this will not be granted a gift card.
6. The Supplier will not be liable for Goods which have not been stored or used in a proper manner.
7. The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
8. The Supplier may (at their sole discretion) accept the return of Goods for credit in the form of a gift card or discount code. Goods that are found to have no defect and are returned will incur a handling fee of up to thirty percent (30%) of the value of the returned Goods plus any freight costs. There will also be a return fee of $2.95 and $0.50 for each item returned.
9. Non-stock list items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.
10. If the Client has had the product for more than six (6) months or the product is expired, no replacements or credits will be accepted.
11. The stockist will be credited in the form of a gift card or discount code the price they paid for the item.
12. Roccoco does not accept refunds or returns for incorrect prescription of products. It is the Stockist's responsibility to ensure they are familiar with the training manual and in the event of uncertainty, they are to contact Roccoco directly before selling the product.
Intellectual Property
1. Roccoco is the sole legal and beneficial owner of the intellectual property. "intellectual property" means the following:
  
  (i)An invention or discovery; recipe; method or process of manufacture; method or principle of skin treatment; chemical composition or formulation; drawing or design; or scientific, technical or information or document.
  (ii)Improvement, modification, development or new application of any of the foregoing.
  (iii)Patent, application for a patent, right to apply for a patent or similar right for or in respect of any intellectual property referred to in sub-paragraphs (a) or (b).
  (iv)Trade secret, know-how, or right of secrecy or confidentiality in respect of any information or document or other intellectual property referred to in sub-paragraphs (a) or (b).
  (v)Copyright or other rights in the nature of copyright subsisting in any works or other subject matter referred to in sub-paragraphs (a) or (b).
2. The Stockist must not directly or indirectly impair Roccoco Cosmetics ownership rights in relation to the intellectual property and product. The Stockist must not attempt to, or engage any other person to attempt to, reverse engineer the product.
3. The Stockist must not remove any labels or alter the appearance of the product in any way. At no stage are the Stockists to implicate that the product is their own and not Roccoco’s.
4. We do not allow decanting of the products. Products must be sold as they are received and are not to be altered in any way. We take no liability if products are decanted. Any Stockist that is found to be altering or decanting products will have their account terminated. No refunds or returns will be accepted for product still in stock.
5. The Roccoco Cosmetics and Roccoco Botanicals Logos are only to be used in the Client's advertising and marketing if approval in writing has been given by the Supplier. All marketing materials are to be consistent with the Suppliers marketing materials and no claims are to be made that are inconsistent with the Suppliers claims.
6. Stockist's are to use marketing material such as posters, in clinic marketing materials, brochures, and also including but not limited to social media posts, website content and videos, that have been created and approved by Roccoco. If a stockist wishes to create their own marketing materials, the stockist must provide the materials both written and digital to Roccoco to be approved. Stockists are not permitted to replicate the Roccoco logo and claims about treatments and products are not to be associated or represented as they have been written or produced by Roccoco.
7. Roccoco’s Product Manual, Training and Marketing material (excluding retail brochures) are not to be shared with any person who is not an authorised Stockist.
8. Stockists are not to share their username and password for the website with any other party. Sharing information is in breach of these terms and conditions of trade. If a breach is to occur, the Stockist will be suspended from ordering. Their account will be reviewed and possibly terminated.
Internet Sales
1. Roccoco is not responsible if a client purchases the incorrect products for their skin. We do not accept returns or refunds because a client chose the wrong product.
2. Roccoco is not responsible for returns if the product is sold internationally.
3. Roccoco is not permitted to be sold on sites like eBay, Amazon, Gumtree, Facebook community groups including market place or sold by private sale through any social media or print format.
4. The stockist will be responsible for all online consultations with their clients.
5. Our return policies listed under number 14 still apply to online sales.
6. Roccoco does not have to honour the same sales to the public as they do to stockists.
7. Stockists may have their own business Online Store and Roccoco is to be advertised according with Terms and Conditions. It must be a Business Facebook, Business Website or Instagram page not personal.
Online Behaviour
1. At no time are any Stockists to denigrate Roccoco, its founder or its staff on any social media platform. Stockists who are found breaching this clause will be terminated. Slandering will not be tolerated. This includes whether or not the company or staff are named directly.
2. If Stockists have a complaint, they are to notify us via email so that we can remedy the problem. Our closed Facebook group is for education purposes only, not complaints.
Default and Consequences of Default
1. In the event that the Client’s payment is dishonoured for any reason, the Client shall be liable for any dishonour fees incurred by the Supplier.
2. If the Client defaults in payment of any invoice when due, the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt, including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.
3. Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.
4. If any account remains overdue after seven (7) days, then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees. This sum shall become immediately due and payable.
5. Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any order of the Client, which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
  
  (i)Any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to meet its payments as they fall due; or
  (ii)The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  (iii)A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Security and Charge
1. Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoever:
  1. Should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis.
Cancellation
1. The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice, the Supplier shall repay to the Client any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
2. In the event that the Client cancels delivery of Goods, the Client shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
3. Cancellation of orders for Goods made to the Client’s specifications or non-stock list items will definitely not be accepted, once production has commenced.
4. The Client and/or the Guarantor/s agree for the Supplier to obtain from a credit reporting agency, a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Supplier.
5. The Client and/or the Guarantor/s agree that the Supplier may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
  
  (i)To assess an application by Client; and/or
  (ii)To notify other credit providers of a default by the Client; and/or
  (iii)To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
  (iv)To assess the credit worthiness of Client and/or Guarantor/s.
6. The Client consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
7. The Client agrees that personal credit information provided may be used and retained by the Supplier for the following purposes and for other purposes as shall be agreed between the Client and Supplier or required by law from time to time:
  
  (i)Provision of Goods; and/or
  (ii)Marketing of Goods by the Supplier, its agents or distributors in relation to the Goods; and/or
  (iii)Analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or
  (iv)Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
  (v)Enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
8. The Supplier may give information about the Client to a credit reporting agency for the following purposes:
  1. To obtain a consumer credit report about the Client; and/or
  2. Allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
General
1. Proximity and exclusively – Roccoco has the right to approve a new stockist account in any location. If a stockist wishes to have exclusivity in a geographical location, each case will be assessed on their merits. At the very minimum exclusivity would not be considered in major cities with medium to large population numbers unless a stockist was meeting all of our terms and conditions and ordering a minimum of $10,000.00 per month from Roccoco. Even in this instance, we would only grant exclusivity for an agreed distance for example (15 km radius of the business address) and for an agreed time period. At the end of the agreed period, the exclusivity will be reassessed to ensure the agreement is still viable for both parties. In areas that have a very small population that would be considered not viable for more than one clinic to sustain a business income within the same location, it would be a case by case decision.
2. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.