Qualified Professionals & Reseller Terms & Conditions

Thank you for your interest in working with Beaut Bijou Skincare. This document sets out the terms and conditions on which we, Beaut Bijou Limited (NZBN: 9429048192552) (“Beaut Bijou Skincare”, “we”, “us”), agree to supply our range of ethical and botanical skincare to you, our client (“Client”, "professional" “reseller”, “stockist”, “you”). 

 

We’ve taken care to craft this information so it's super simple and easy to read and understand. Please take the time to read through this carefully and ask if you have any questions as the terms below will govern the sale of Beaut Bijou products purchased for retail sale and in-salon treatment (product) use. 

 

To make things absolutely clear and straightforward, we’ve separated this document into two parts:

 

The Practical Stuff (which deals with all the practical elements of working with us, like ordering, sale, and delivery) and 

 

The Fine Print (which deals with the legal side of things, like warranties, liability, and compliance detail). 

 

Should you have any questions after reading through this document please feel free to contact Nikki Manning-English (Beaut Bijou Limited - Managing Director) via email: beautbijou@outlook.com


 

The Practical Stuff

 

WHAT WE DO

We supply our products to you as a stockist for resale or in-salon treatment use by you, as part of your business. Please note that we do not supply to you for your own personal, domestic, or household use. 

 

we: 

a) Dispatch the ready-to-sell products to our delivery service provider, for delivery to your nominated address as an agreed stockist.

b) Can provide product for in-salon treatment use only in-salon only packaging, not be on-sold or supplied to unqualified staff or for general consumer use.


 

1 - STOCKIST PRICING AND PURCHASE ORDER PAYMENT

 

1.1. PRICES​

Individual product prices are available on the stockist order form. Prices will include GST. There are different pricing tiers available and are more particularly set out on the order form.

 

1.2. MINIMUM ORDER AND PAYMENT

There is no ongoing minimum order requirement, however, the following applies to opening orders:

 

PRODUCT FOR SALON TREATMENT USE -

We require you to order the following products in either retail or professional use size in your initial opening order to ensure you can successfully demonstrate and complete a basic Beaut Bijou Skincare in-home facial.

  • 1 Cleanser

  • 1 Toning Mist

  • 1 Daily Serum

  • 1 Daily Moisturiser

  • 1 Mask 

PRODUCT FOR RETAIL:

Opening minimum order requirement is

  • 2 x Cleansers

  • 2 x Toning mists

  • 2 x Serums

  • 2 x Moisturisers 

  • 1 x Mask

This can consist of any of the Beaut Bijou Skincare Range and does not have to be all the same range.


Payment in full is required within seven (7) days of the product order invoice being issued. Product will not be sent until the payment clears into the nominated Beaut Bijou Limited bank account, unless agreed arrangements are made prior with management.

 

1.3. REPEAT ORDERS

If you place a repeat order or orders with us, these terms will apply to such future orders, unless we provide you with alternative terms. 

 

1.4. RECOMMENDED RETAIL PRICING

You agree to observe the recommended retail price (RRP) as set out on our product order form, with the exception of occasional IN-STORE/SALON specials

 

1.5. MARKDOWNS

​We do not allow products to be marked down other than IN-STORE/SALON specials of no more than 15% unless otherwise agreed with Beaut Bijou Limited.

 

 

2 - SALE OF GOODS.

 

2.1. CONDITIONS OF SELLING

By becoming a stockist you agree to the following:

  1. Sell Beaut Bijou Skincare products IN-STORE/SALON only.

  2. You agree not to sell Beaut Bijou Skincare products online unless approved by Beaut Bijou Limited.

  3. You must ensure that information given about Beaut Bijou Skincare products is in line with the Beaut Bijou Skincare brand. 

  4. You must not use or permit the Beaut Bijou Skincare and Limited name or logo to be used in any manner that would be detrimental to or inconsistent with the good name, reputation, and goodwill of Beaut Bijou Limited.

  5. You are acquiring the Product for the purposes of trade or business and that the provisions of the Consumer Guarantees Act 1993 do not, therefore, apply to the supply of the Product by Beaut Bijou Limited.

  6. All information regarding the product and usage can be found on our website www.beautbijou.com. For any further questions on products, please contact Nikki (Director) via beautbijou@outlook.com or +64 21 0515908


 

2.3. BRAND ASSETS

Any Beaut Bijou brand assets provided to your business remain the property of Beaut Bijou Limited and must be returned to us on request.

 

2.4. COMPETING PRODUCTS

You agree to advise us if you choose to stock any other brand that directly competes with the Beaut Bijou range of products.


 

3 - DISPATCH, SHIPPING, AND DELIVERY

We offer delivery within New Zealand. We do not offer drop shipping. 

 

3.1. SHIPPING RATES

Shipping for orders delivered within New Zealand is a flat rate of $9.95 (NZD). Shipping is free on all orders over $300 (NZD) within New Zealand.

 

For International customers, we will send you an invoice for shipping once your products have been boxed and weighed. We do not currently offer an express postage option, so please ensure that you place your order with enough lead time to allow it to arrive in time for your needs (see below for indicative dispatch and delivery times). 

 

Our delivery service provider may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time and that such notice is given by posting the updated postage fees on or by updating these terms and sending a copy of the updated terms to you. 

 

3.2. DISPATCH

Unless we tell you otherwise, we’ll do our best to dispatch orders in line with the timeframes set out below: 

  1. 1-9 units per product: Up to 3 days plus shipping time

  2. 10-100+ units per product: Up to 30 days plus shipping time 

  3. Salon Professional Products: Up to 30 days plus shipping time 

 

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders or situations out of our control. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we’re not liable for any delay in the dispatch of your order. 

 

3.3. RISK AND TITLE

The risk and title of your order will pass on delivery to you. If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order.


 

4 - FAULTS/ REFUNDS/ RETURNS/ REPLACEMENTS

We offer refunds only in accordance with our obligations under applicable law. 

 

4.1 FAULTS

Where a product is faulty, you may return it for a full refund of the invoice price of such product (item/s). 

In the event you receive a faulty or defective product, please contact us as soon as possible (ideally within 48 hours of receiving the item) with a photograph of the fault. 

 

4.2 CHANGE OF MIND/ REFUND

We do not offer refunds or returns for change of mind purchases or for unsold product/s. However, if we do offer a refund there will be a 5% restocking fee which covers payment fees and administration costs. 

 

As we’re sure you can understand, we can’t offer refunds on non-faulty products as we don't know how they have been stored and if they have been contaminated or left in the heat.

 

4.3 RETURNS SHIPPING

Beaut Bijou Limited shall bear the cost of shipping and handling for returned faulty product




 

The Fine Print

 

 

5 - THE TERM

This Agreement commences on the date that we confirm acceptance of your order and will expire once the obligations of each party have been fully performed and the engagement completed unless extended or terminated in accordance with this Agreement. 

6 - YOUR RESPONSIBILITIES

You agree: 

  1. to pay us for our products, services, and shipping as calculated and disclosed on the invoice.

  2. not to make any representation or give any warranty in relation to the products not expressly authorised by us in writing; 

  3. not to do anything which might affect the reputation of us or any of our products; 

  4. let us know as soon as reasonably possible of any material complaint or claim in relation to any of our products; 

  5. not admit liability on our behalf in respect of any complaint or claim in relation to the products; 

  6. not resolve or settle any complaint or claim in relation to the products which may result in us incurring any liability to any party; 

  7. to deal promptly with all complaints or claims in relation to the products which will not result in us incurring any liability; and 

  8. to comply with all applicable laws, statutes, regulations, regulatory policies, guidelines, or industry codes in force from time to time. 

  9. to indemnify us on a continuing basis in respect of any breach of the warranty set out in this clause and any breach of any other person’s Intellectual Property Rights or other rights arising out of the engagement. 

 

7 - PRODUCTS

Our Beaut Bijou Skincare products: 

  1. are Vegan, Cruelty-Free, Australian Made and use a number of Certified Organic Ingredients but are not certified with The Vegan Society, Certified Organic, Cruelty-Free or Australian Made associations and governing bodies; 

  2. have an open life of 6 months from opening 

  3. conform to the specifications set out in our Product Catalogue; 

  4. are of merchantable quality and fit for the purposes we specify; 

  5. are free from defects in design, material, and workmanship and remain so till the specified Expiry Date and 

  6. comply with all applicable statutory and regulatory requirements. 

 

We make no representations or warranties that our products are compliant with any standards specified by The Vegan Society, Certified Organic, Cruelty-Free, New Zealand Made, or Australian Made, or are in any way affiliated or associated with any of those certifying bodies. 

 

We also make no warranty, representation, or guarantee that our products are compliant with the laws or standards of any other country, including any country we allow you to export to. 

 

Other than any guarantees or warranties set out in this agreement or to which any person may be entitled to pursuant to the New Zealand Consumer Law (such as a guarantee of acceptable quality) or any other New Zealand law, all other guarantees in relation to our products and services are specifically excluded. 

 

7.1. PRODUCTION

All of our products have been formulated by a qualified cosmetic chemist in a facility located in Queensland. Most of our products are either hand poured or manually filled. You can be confident that our manufacturer's lab follows strict GMP Guidelines and that all products are manufactured in compliance with applicable New Zealand and Australian legislation, including Australian standards applicable to cosmetics. 

 

The Beaut Bijou Limited and the manufacturer of our products: 

  1. do not authorise, permit, condone or recommend the use of our products with salon machineries such as laser, microdermabrasion, LED, or any other machine using an electrical current. 

  2. do not authorise, permit, condone or recommend adding any additional ingredients into the products. 

 

7.2. DEFECTIVE PRODUCTS

You may reject as defective any products delivered to you that do not comply with the above, if: 

You give us written notice of rejection: 

  • in the case of a defect that is apparent on normal visual inspection, within 5 Business Days of delivery; 

  • in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and 

  • none of the following applies in which case we are not liable for a product's failure to comply with the warranty and the products may not be rejected: 

  1. you have made any further use of the products after giving notice of rejection in accordance with this clause; 

  2. the defect arose because you failed to follow our oral or written instructions for the storage, ordering, use, or maintenance of the products or best industry practice; 

  3. you have altered or repaired the products without our prior written consent; 

  4. the defect arose as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or 

  5. the products differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. 

 

If you reject products under this clause, then we may, at our option: 

  • replace the rejected products or supply equivalent goods; 

  • repair the rejected products; 

  • credit you for the cost of replacing the rejected products or of acquiring equivalent goods; 

  • credit you for the cost of repairing the rejected products; 

  • credit you amounts paid for the rejected products, plus the return shipping costs if you send the products back to us. 

 

Once we have complied with our promise in this clause in respect of rejected products, we will not be liable to you, and you will have no further remedy in respect of the rejected products' failure to comply with any direction provided in clause 7. If you do not give us a notice of rejection in accordance with this cause, you will be deemed to have accepted the products. 

 

The terms of this agreement apply to any repaired or replacement products supplied by us pursuant to this clause. 

 

7.3. PRODUCT RECALL

In the unlikely event of a Product Recall, you agree to immediately notify it in writing and give us a copy of the Recall Notice. 

 

Unless required by law, you must not undertake any recall or withdrawal of the products from the market unless we have given you our written permission to do so. 

 

If we receive a Recall Notice, or if we have other reasonable grounds to recall or withdraw the products from the market, we will notify you immediately and provide you with a copy of the Recall Notice and you agree to comply with any requirements set out in the relevant Recall Notice, as well as any other instructions we give you about the process of implementing the recall or withdrawal. 

 

For the purposes of this clause, reasonable grounds for us to recall or withdraw the products include, but are not limited to where: 

  1. supply or use of the products infringes, or may infringe, a third party's Intellectual Property Rights;

  2. the products are, or maybe, unsafe; or  

  3. a defect in the product may cause harm to our reputation or brand. 


 

 

8 - INSURANCE

We will for the duration of this Agreement maintain public and product liability insurance policies. Our insurance does not cover your professional or public liability.


 

9 - LIMITATION AND EXCLUSION OF LIABILITY 

Nothing in this Agreement is intended to exclude any right or guarantee to which any person may be entitled under the New Zealand Law. 

 

Where we are unable to exclude liability by law but are permitted to limit it, we limit our liability to providing the products and/or services again or reimbursing the claimant the cost of providing the products and/or services again. We specifically exclude liability for consequential loss or damage, including loss of business profits or reputational damage. 

 

In all other cases, where we are not prohibited by law from excluding liability, we exclude all liability (including liability for consequential loss or damage, including loss of business profits or reputational damage), however arising, including liability for negligence. You hereby waive, release and discharge, on a continuing basis, all claims you have or may have against Beaut Bijou Limited relating to the products and/or services, however arising. 


 

10 - CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY 

We require you to adhere to strict protocols around the protection and confidentiality of our intellectual property and confidential information. 

 

The parties recognise that it will be necessary during the engagement to reveal Confidential Information to each other. Each party agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which they have obtained, except as authorised by the other party or as required by law, and will undertake reasonable commercial measures to maintain the confidential nature of the Confidential Information, including the signing of reasonable non-disclosure agreements by personnel of either party on request. You must not, under any circumstances, share our formulas, ingredient list, training manuals, or any other intellectual property or confidential information of ours with any other supplier or manufacturer, including for the purpose of engaging them to manufacture or supply products of the same or similar nature to our products. 

 

We each agree that all Intellectual Property Rights belonging to us remain with the respective party and that nothing in these terms and conditions will cause any transfer in ownership of any Intellectual Property Rights. 

 

While we are working together, we will provide you with digital files containing product descriptions and training manuals, and other Intellectual Property. We grant you a limited license to use and reproduce our Intellectual Property for the purposes of selling our skincare products. This license will be automatically revoked if you cease to resell products purchased from us. That is, you will no longer be permitted to use or reproduce any of our Intellectual Property. 

 

The clause survives termination of this Agreement as to confidentiality. 


 

11- DISCLAIMERS

We may give you advice, recommendations, information, or assistance in relation to our range, their use, or application. We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness, or reliability. We do not provide legal advice. While we may provide information, advice, or guidance on areas of law, such as labeling requirements for cosmetics, all such information and advice is general in nature and is not intended to constitute or substitute for professional, legal, or medical advice. 

 

We recommend you seek out professional and/or legal advice for your individual circumstances. It is your responsibility to ensure you comply with all legislation. 

We do not in any way claim that the Product will cure, heal or prevent any illness or condition. The Product or any of the information supplied on our website are not substitutes for medical advice or treatment from a qualified health professional.


 

12 - TERMINATION AND CONSEQUENCES OF TERMINATION

Either party may terminate this Agreement: 

  • on expiry of notice given, if the Client breaches a term of this Agreement and fails to remedy the breach within 14 days after having received notice in writing of the breach. 

 

Beaut Bijou Limited may, in its absolute discretion, terminate this Agreement immediately on written notice to the Client. If termination is disputed, it will be dealt with in accordance with the dispute resolution provisions of this Agreement. 

 

If this Agreement is terminated: 

  • all rights and obligations accrued up to the date of the termination are not affected. 

  • each party must promptly: 

    1. return to the other party all equipment, materials, and property belonging to the other party that the other party had supplied to it in connection with the supply and purchase of the products under this agreement; 

    2. return to the other party all documents and materials (and any copies) containing the other party's Confidential Information; 

    3. erase all of the other party's Confidential Information from its computer systems (to the extent possible); and 

    4.  on request, certify in writing to the other party that it has complied with the requirements of this clause; and 

    5. this clause and any other clause which by its nature is intended to survive termination (in particular, clause 10), will survive termination of this Agreement. 


 

13 - DISPUTE RESOLUTION

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief) unless they have first complied with this clause. 

 

The party claiming the dispute must first inform the other party in writing of the following: 

  1. the nature of the dispute; 

  2. the outcome they desire to resolve the dispute, and 

  3. the action they believe will settle the dispute. 

 

On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days. 

 

If the parties are unable to resolve the dispute in that time, the parties must agree on the selection of a mediator (if the parties are unable to agree, they agree to be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). 

 

The parties must each pay their own costs associated with the mediation, which must be held in Auckland, New Zealand unless otherwise agreed in writing. 

All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. 

 

This clause survives the termination of this Agreement. 


 

14 - GENERAL

The following additional terms and conditions apply to this Agreement: 

  1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. 

  2. Beaut Bijou Limited may subcontract one or more aspects of any services to be provided under this agreement (such as product production), provided always that Beaut Bijou will remain the head contractor and will be responsible for the delivery of all goods and services in accordance with this Agreement. 

  3. The parties acknowledge that this Agreement is intended as an agreement for the supply of goods and, in certain circumstances, complimentary services. This agreement does not create any other relationship and, in particular, not the relationship of employer and employee, principal and agent, or the relationship of partnership. 

  4. This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior understanding, arrangement, representation, or agreements between the parties as to the subject matter contained in this Agreement.  

  5. If anything in this Agreement is unenforceable, illegal, or void, it is severed, and the rest of the Agreement remains in force. 

  6. Any waiver by any party to a breach of this Agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind. 

  7. Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Agreement where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions, and prohibitions or any other actions by any government or semi-government authorities, theft, cyber theft or major injury or illness of key personnel. 

  8. Any amendment or variation to this Agreement is not effective unless it is agreed in writing by both parties unless otherwise set out in this Agreement. 

  9. The law of New Zealand governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. 

  10. A notice required to be given to a party under this Agreement must be in writing and delivered to that party in one of the following ways: 

    • delivered personally; 

    • posted to their address, when it will be treated as having been received on the second Business Day after posting; or 

    • sent by email to their last-notified email address, when it will be treated as received when it enters the recipient’s information system or otherwise when the recipient confirms receipt, whichever occurs first.



 

15 - DEFINITIONS

The terms in this clause have the following meanings unless the context indicates otherwise: 

 

  1. Agreement means this agreement between Beaut Bijou Limited and the Client.

  2. New Zealand Law means any current and relevant law to this agreement effective at the time.

  3. Business Day means a day on which banks are open for business in Auckland, other than a Saturday, Sunday, or public holiday. 

  4. The client means the party engaging with Beaut Bijou as the reseller.

  5. Confidential Information refers to any data or information relating to Beaut Bijou Limited or the Client, whether business or personal, written or oral, and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to Beaut Bijou or the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to Beaut Bijou or the Client and includes the terms of this Agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice).

  6. GMP means Good Manufacturing Practice principles and procedures that, when followed, help ensure that cosmetics are of high quality, as set out in ISO 22716 standard for Cosmetics Good Manufacturing Practices. 

  7. Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trademarks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, and all digital and electronic rights. 

  8. Product Recall means a request, court order, or another directive of a Government Agency to recall or withdraw any Products from the market (Recall Notice) 



 

16 - INTERPRETATION

In the interpretation of this Agreement: 

  1. References to legislation or provisions of the legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation; 

  2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders; 

  3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement; 

  4. Grammatical forms of defined words or phrases have corresponding meanings; 

  5. Parties must perform their obligations on the dates and times fixed by reference to Auckland New Zealand; 

  6. Reference to an amount of money is a reference to the amount in the lawful currency of New Zealand; 

  7. If the day on or by which anything is to be done is a Saturday, a Sunday, or a public holiday in the place in which it is to be done, then it must be done on the next Business Day; 

  8. References to a party are intended to bind their executors, administrators, and permitted transferees; and 

  9. Obligations under this Agreement affecting more than one party bind them jointly and each of them severally. 

By placing an order with us you agree to the terms stated above and are in an authoritative position to do so within your company. If you wish to ask any questions please contact the company director Nikki Manning-English ASAP to ensure no delay in processing your product order.

 

Email: beautbijou@outlook.com

Mobile: +64 21 0515908