Terms & Conditions

Trading Terms

In these Terms and Conditions of Sale, unless the context otherwise requires:

“The Company” means Perfect Potion Products Pty Ltd ACN 068 304 496 and includes its agents, employees and assignees.
“Purchaser” means any person, firm or corporation that has requested the supply of goods or services from the Company, and includes employees, agents, successors, administrators and assignees of the Purchaser.
“Goods” means the products and services supplied by the Company from time to time.
“Business Premises” means the specific premises stated in the Credit Application.
All goods sold by the Company are sold and supplied on these Terms and Conditions as amended from time to time by the Company at its discretion. The descriptions, illustrations and material contained in any catalogue, price list or brochure do not form part of the contract for sale of goods. These terms prevail over any inconsistent terms contained in any document of the Purchaser.
If a purchaser places an order, takes delivery of the Goods or makes payment or otherwise performs any of these terms the Purchaser will be taken to have accepted these terms.
The Company may refuse to sell the Goods for any reason (whether or not part of a contract has been performed) including where the goods are unavailable for any reason, a noncomplying order is received or the Purchaser has defaulted under the company terms of credit provided.
Such refusal to sell does not breach any law.
A quotation is not an offer by the Company. The Company may withdraw or alter it without notice. Unless withdrawn, quotations are valid for the period stated, or where no period is stated, for 30 days after the date of quotation.
An order for the sale of goods shall identify the goods ordered, the quantity required and refer to any quotation pursuant to which the order is made. If the order does not comply with this clause it is a “noncomplying order”.
The Company must agree on any variation or cancellation of an order in writing. Cancellation of orders will not be accepted unless authorised by an appropriate representative of the Company or the Principal or the selling agent.
Any payments for which the Company may become liable to any State and/or imposts applicable to any sale and/or delivery of goods quoted for are charged to the Purchaser’s account.
Unless otherwise stated all prices, costs or charges that are quoted by the Company are exclusive of Goods and Services Tax. The Purchaser must pay for any, or reimburse the Company for any GST that the company must pay on any supply made by it in connection with this contract. Any tax, duty, impost or excise imposed in respect of the sale of goods under this contract is to be paid in addition to and with the price.
Delivery charges will be a separate item on each invoice and shall be payable as a freight charge by the Purchaser to the Company.
The Company may in its discretion agree to sell the goods on credit to the Purchaser. If the Company agrees to sell the goods on credit to the Purchaser then the Company’s standard terms of credit will apply.
Any goods sold by the company to the Purchaser must not be sold or resold:

in any foreign country by wholesale, retail, mail order or on the internet or by any other method without the prior written consent of the company. Sales or resale of the company’s branded goods outside Australia may infringe Trade Mark legislation in that country.

The goods are supplied to the Purchaser for sale to consumers from the Business Premises. The goods must not be resold to any person or business for the purpose of resupply to consumers.
The Purchaser shall not deduct any sum from the amount due on any invoice or statement for any reason whatsoever without the prior written consent of the company.
All orders will be shipped to the point of delivery. The cost of the freight charge will be invoiced to the Purchaser but shown separately at the time of dispatching the goods. Not withstanding that the ownership of the goods may remain with the Company all risk in respect of the goods shall pass to the Purchaser upon delivery. The company shall endeavour to deliver within the time limits but in no circumstances shall be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delays in or failure of delivery. In the event of any delivery or installation of service to be made by the company being delayed by strikes, lockouts, floods, war, accident, fire, perils of sea or river, transport delays, influx of orders, failure or manufacturers or other suppliers to the Company to deliver, or any cause or contingency whatsoever, then in those circumstances the Company shall not be in any way responsible for any loss, damage, or other consequence arising directly or indirectly out of such delay in delivery, installation or service.
The Purchaser shall inspect the goods immediately upon delivery, and carry out any tests that a prudent purchaser would carry out.
If no notice is given by the Purchaser, the Purchaser shall be deemed to have accepted the goods and the Purchaser shall lose the right to reject the goods or claim an remedy whatsoever (including damages) against the Company.
The risk in goods shall pass to the Purchaser upon dispatch.
Notwithstanding the passing of risk, all goods delivered by Perfect Potion to the wholesaler remain the property of Perfect Potion until all goods supplied by Perfect Potion to the wholesaler have been paid for in full. Until that time, the wholesaler may sell the goods in the normal course of business as agent for Perfect Potion, and the proceeds shall be held in trust for Perfect Potion.
Prior to any such sale, the wholesaler shall hold possession of the goods for and on behalf and as bailee of Perfect Potion and shall return goods to Perfect Potion on demand. The wholesaler shall wherever possible separately store goods until title to them has passed. Perfect Potion will be entitled to enter the premises of the Purchaser at any time to recover possession of the goods until payment in full has been made.
The wholesaler shall give written notice to Perfect Potion of all claims for replacement for damage, defective or short delivered goods or for goods to be returned. Perfect Potion will only accept claims that are notified within 2 days of delivery. Unless otherwise agreed, no request for replacement will be approved unless a representative of Perfect Potion has inspected the goods on which the replacement is claimed. At all times the wholesaler is responsible for maintaining proper care of the goods in question. Perfect potion shall not accept claims for damaged goods or for goods returned where the Purchaser has not maintained proper care of the delivered goods. In addition:

Goods must be returned within 7 days of purchase. After this date Perfect Potion will not accept returns except in the case of faulty goods.
Prior to the goods being returned to Perfect Potion, approval must be obtained from Perfect Potion in which time the reason for the goods being returned must be given along with the wholesalers account number and invoice number where applicable.

All stock must be returned to Perfect Potion by a courier nominated by Perfect Potion. It is the wholesaler’s responsibility to contact their nominated courier and arrange for the goods to be collected.
Where the conditions for the return of goods set out in this clause have not been complied with or where in the absolute discretion of Perfect Potion the wholesaler claim for credit is not legitimate then the goods will be returned to the wholesaler and the wholesaler will be responsible for any delivery charges and handling charges incurred by Perfect Potion.

The wholesaler acknowledges and agrees that the following goods are not acceptable for return or credit:

Goods produced/manufactured on wholesaler’s instructions where those instructions have been complied with; or goods altered or damaged by the wholesaler.
This contract expressly excludes all warranties, conditions, liabilities or representations as to the quality or fitness of the Goods or the correctness of information or advice concerning the goods or otherwise. Any rights, which cannot be legally excluded, restricted or modified, are not affected.

Any liability of Perfect Potion with respect to the goods shall arise in accordance with these Terms and Conditions only and shall be limited to the replacing of the goods or acquiring equivalent goods, as Perfect Potion may elect.
No waiver of a term or provision of any contract shall be a continuing waiver of term or provision.
The laws of the State of Queensland shall govern the provision of these Terms and Conditions and any contract between Perfect Potion and the wholesaler.
Wholesale accounts may offer Perfect Potion products for sale in their bricks and mortar business location and on their own online store registered with Perfect Potion only. Sales of Perfect Potion products on other websites outside their registered business are not authorised. Eg; eBay.
Replication of Perfect Potion IP Banners are prohibited from being used on account holders websites, to avoid customer confusion.

Sale Conditions

Perfect Potion stockists are important to us and are selected because they are committed to providing their customers with the highest quality aromatherapy and certified natural/ organic skin care products available.
It is of utmost importance that Perfect Potion maintains a strong image and brand integrity. Grouped products not only create visual impact but also facilitate the purchase of more products. It is compulsory for Wholesalers to comply and invest in the minimum merchandise requirements.
Wholesalers are not permitted to sell or exhibit Perfect Potion products at markets, sidewalk sales, or outside of the registered business premises
Wholesalers shall not sub-distribute to any other retail outlets, stockists, or agents.
Wholesalers are not permitted to sell Perfect Potion products on the internet outside Australia unless approval by Perfect Potion has been obtained. If this is carried out it will infringe on Trade Mark legislation and legal action will result.
Under no circumstances are testers or displays to be resold.
Perfect Potion products are to be correctly stored; away from direct sunlight and under 30ºC in transit, in storage and on display.
Prepaid online accounts are eligible for free shipping on all standard domestic orders over $500 inc. GST from 01/07/22.
Prepaid online accounts are required to submit minimum orders of $250 incl. GST from 01/07/22. Orders under $250 incl. GST may jeopardise account status.

Payment and Settlement Terms

Perfect Potion offers the following payment terms to our stockists:

Prepaid Online Account holders

Payment is required on placement of order and no further discounts will apply.

Minimum order $250 including GST
Minimum annual spend $1,000 including GST to maintain wholesale status.

Annual Performance Review

Accounts achieving $12,000 including GST or more will be able to apply for a 30 Day End of Month account

30 Day EOM Account holders

30 day account facilities are available on application after the first 12 months, and only if $12,000 minimum has been achieved in the 12 months - this is dependent on authorisation from our Accounts Department. 30 day facility may be rescinded at perfect Potion Manufacturing’s discretion.

No statement is issued payment of 30 days accounts it to be paid on invoice.

Payment is required prior to opening orders being dispatched from Perfect Potion.

Credit Claims

Claims for shortages, loss or damage must be made by completing the Non-Conforming Form in full, and returning to Perfect Potion Head office, within (2) working days.

Non-conforming or recalled products will be replaced by the same product.
Perfect Potion will only accept the return of goods if incorrect products were supplied or damaged in transit.
It is your responsibility to ensure correct ordering. Products ordered incorrectly by the wholesaler will not be credited or replaced.

This Website (referred to in these Terms of Access as the “Website”) is owned and operated by Perfect Potion Manufacturing Pty Ltd (“the Owner”) on the World Wide Web (“WWW”).

The Website is available for you to:
(a) Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Part I.
(b) Provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below in Part II.

Part I – Use of material on the Website

A. Except for the limited use set out in paragraph B you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) “framing” the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

B. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

C. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.

D. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(h) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of the Owner.

Links to other Websites

F. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

G. In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site, and
(b) is not responsible for the material contained on those linked sites.

Disclaimer 1

H. The Owner is making the Website available for others to publish information without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and /or linked sites on the WWW.

I. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and /or on any linked sites.

J. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked sites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

K. The Owner does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.

L. The Owner is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

M. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

N. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:

If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of information gathered

O. The Owner and/or people authorised by it may gather, process and use the information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

P. The Owner may disclose the information to others and authorise others to offer you goods and services using the information acquired through (a) and (b) above.

Termination of access

Q. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind, arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

R. The Owner reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.

Relevant jurisdiction

S. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will he deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

T. This Agreement will be governed by and interpreted in accordance with the law of Queensland, Australia without giving effect to any principles of conflicts of laws.

U. You agree to the jurisdiction of the Courts of Brisbane, Queensland to determine any dispute arising out of this Agreement.

Part II – Terms and conditions relating to the providing of information about your product or service

Uploading information

1. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Trade Practices Act 1974 (Cth) and the [Fair Trading Act 1989 (Qld) and equivalent state and territory legislation] and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

License to use intellectual property

2. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the “intellectual property”) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free license throughout the world to:
(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow the Owner to sub-license others the same rights granted to the Owner in (a) above.

Removal of information

3. In relation to any material and/or information included on the Website, the Owner may remove any material and /or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification, for removing the material and /or information.

Limit of liability

4. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

Indemnity

5. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

Relevant jurisdiction

6. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

7. This Agreement will be governed by and interpreted in accordance with the law of the Queensland, Australia without giving effect to any principles of conflicts of laws.

8. You agree to the jurisdiction of the Courts of Brisbane, Queensland to determine any dispute arising out of this Agreement.

Cookies

Cookies are pieces of information from a website that are stored on your computer. Perfect Potion use Cookies to make your experience easier by storing information about your preferences. The information remains on your computer after the Internet session finishes. This allows your computer to store your cart and wishlist information for future use.

Most internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your internet browser to refuse cookies or to warn you when cookies are being used. Doing so will not give us permission to store your cart or wishlist on your computer.

We will make no attempt to identify anonymous users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider’s log files.

Advice about the internet and personal information can be found on the Australian Government Privacy Commissioner’s website: www.privacy.gov.au

Google Analytics

Perfect Potion uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics uses cookies to help analyse how users use the website. Google Analytics anonymously tracks how visitors interact with this website, including where they came from, what they did and whether they completed any transactions.

The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of compiling reports on Website activity and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

Remarketing campaigns

A third party has been contracted to collect information to provide better services to our users. We collect information in two ways:

Information that you give us – For example, some of our campaigns require you to input your own data and information – including your name, address, e-mail address and phone number.
Information that we get from your use of our services – We may automatically collect information about the web pages you browse, how you use them and how successfully, such as technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, when you choose to purchase or abandon the website