WHOLESALE TERMS OF TRADE – AL.IVE BODY PTY LTD
These are the Terms of Trade between al.ive body® Pty Ltd (ABN 37 635 011 960 - referred to below as al.ive body®) and any stockist, being any individual, business or company placing an order with al.ive body® for the wholesale purchase of any product for resale. These Terms of Trade apply to all stockists.
Please take a few minutes to read the below information about the legal terms and conditions that apply to you as a stockist. If you don't agree to these terms and conditions, please contact us before placing an order. These Terms of Trade may be modified periodically and apply to all stockists.
Here at al.ive body®, we value uniqueness and limit the number of stockists we sell to within a specific postcode.
We have set our parameters of exclusivity to a 2km radius between stockists of either al.ive body or al.ive body baby within their store category (1). Some postcodes can span over a large distance and we don’t want retailers to miss out on the opportunity to sell our products. And more importantly, we don’t want their customers to miss out on buying our gorgeous products either.
Postcode exclusivity is given once a retailer has placed their first order. The al.ive body and al.ive body baby ranges operate under individual exclusivity terms. Stockists will only be granted exclusivity in the product range or ranges they choose to purchase from (2). Due to the excitement and interest in our product range, we will be offering a “first in, first served” policy to secure exclusivity. However, if requested, we will place the subsequent retailers (in order of application) on a waiting list and if minimum requirements are not met by the retailer who holds the exclusivity (within a set time period, defined by range below), we will offer the next retailer on the waiting list the chance to become a stockist within that postcode radius. The retailer who gains exclusivity of the postcode, enters into that status acknowledging that there may be previous al.ive body® retailers also in that postcode until such time as previous retailers exhaust their stock on hand.
In order to maintain exclusivity of al.ive body the following minimum spend amounts must be reached :
- $2500 (ex gst) must be spent on the al.ive body® wholesale hand and body range every 6 months, and;
- $1200 (ex gst) must be spent on the al.ive body® baby wholesale range every 3 months;
- And place at least one (1) order that complies with the minimum spend requirements outlined below within a 3 month period.
If the minimum spend is not maintained, the retailer will not retain their postcode exclusivity, and the retailer on the top of the waiting list will then be offered the ability to stock the range. NOTE this does not secure exclusivity for the new retailer, and may result in more than one retailer in the same postcode stocking and selling the al.ive range at any given time.
For a new retailer to secure exclusivity in a postcode where exclusivity has just been relinquished by an existing retailer (who did not meet minimum purchase requirements), the new retailer must meet the following minimum purchase requirements :
- $5000 (ex GST and freight) must be spent on the al.ive body® wholesale hand and body range in the first 6 months, and;
- $3000 (ex GST and freight) must be spent on the al.ive body® baby wholesale range in the first 3 months.
After this initial term (3 or 6 months) the minimum spend requirements revert to those defined to maintain exclusivity.
The retailer who has lost exclusivity will no longer be permitted to stock al.ive body® and must sell through any existing stock as a priority.
In the event al.ive body® releases a new product range, all existing retailers who hold product range exclusivity will be given first preference in gaining exclusivity for any new product ranges.
(1) Store categories are defined under - Homewares, Baby Stores, Pharmacy, Florists/Nurseries, Beauty, Bookstores, Fashion Boutiques and Cafes. al.ive body reserves the right to supply al.ive body® products to stores within the same radius that fall under different store categories
(2) al.ive body reserves the right to supply al.ive body / al.ive body baby products to a store within the same radius if the given store does not hold exclusivity for the given product range
Terms and Conditions of Postcode Exclusivity
This policy is always subject to change. We reserve the right to revise our definition of postcode exclusivity based on the growth of our brand and increased levels of demand at any time. However, we will ensure that all of our retailers who hold postcode exclusivity are made aware of any changes to our best efforts and within a reasonable timeframe.
Postcode exclusivity is allocated automatically once your trade application has been approved in cases where no prior exclusivity is held by another retailer. Please note that we cannot accept a trade application where an exclusivity agreement is already in place with another retailer.
On the trade application being denied for this reason, we will offer the retailer the chance to be added to our stockist waiting list and will inform the retailer immediately if their postcode becomes available.
If at any time you decide to no longer stock our products, we would greatly appreciate it if you could let us know so that we can offer our products to the next retailer on the waiting list.
For al.ive body stockists (inclusive of any additional ranges) a minimum spend of $500 ex GST applies to all orders
For al.ive body baby stockists (where no other ranges are stocked) a minimum spend of $300 ex GST applies to all orders
ORDERING & PAYMENT
All wholesale orders are to be placed via our website at trade.alivebody.com.au. Payment is to be made via the online system via credit card or PayPal.
SHIPPING & DELIVERY
Shipping rates are as follow:
Orders over $300 = $30.00
Orders over $500 = $40.00
Orders over $1000 = $60.00
Orders over $1500 = $80.00
Orders over $2000 = $100.00
We use a variety of carriers based on your order size and location. In-stock items usually ship the next day. If you place an order that contains out-of-stock items, you will be notified immediately. If there are any access issues that your delivery driver would need to be aware of, please notify us in the comments section at checkout. Please note, al.ive body® shall not be held liable for shipping delays that are beyond our control.
RETURNS & CANCELLATIONS
Unfortunately orders cannot be cancelled or amended once the order has been confirmed. To report a faulty or broken item, please email details and images of the damage to firstname.lastname@example.org, and quote your order number. We will provide you with instructions on how to return your damaged items. Any refunds will be processed only once all goods are returned to us and approved for refund by the team. We do not accept change of mind returns or return of unsold goods.
Prices shown are exclusive of GST. We reserve the right to alter our pricing at any time. The RRP for each product is listed on our website (www.alivebody.com.au).
DISTRIBUTION & E-COMMERCE
al.ive body® products (regardless of product category or range) may not be distributed through any online marketplaces, including eBay, Etsy, Gumtree etc; any physical markets, including community markets, fetes or trade shows; or any retail pop-ups or temporary kiosks. Selling al.ive body® products on these marketplaces breaches our distribution policy and is not allowed under any circumstance. Any selling, advertising or representation of al.ive body® products online will require written permission from our team.
Any online store with existing approval to sell al.ive body® products must seek unique approval and review of postcode exclusivity restrictions if they seek to open a physical / “bricks and mortar” store.
Estimated delivery dates are approximate and to be used as a guide only. We will endeavour to get your order dispatched to you as soon as possible, but delays can occasionally occur that are outside of our control. We reserve the right to cancel the production of any of the products in our range. If this occurs, the payment received for the cancelled product will be refunded in full to the stockist if applicable.
COPYRIGHT & INTELLECTUAL PROPERTY
All al.ive body® product images and product copy are subject to copyright and are the property of al.ive body® and are not to be modified in any way. Stockists are welcome to use any of the images provided in your stockist welcome pack for the purpose of promoting the al.ive body® range. High-res images are available for download via email request via email@example.com. Please contact us if you are unsure of image usage and we can direct you to our brand guidelines.
al.ive body® products cannot be modified in any way for resale or distribution. If you are unsure about product usage guidelines, please contact our team to discuss further.
al.ive body® cannot be held liable for any losses, costs, damages and expenses (including legal costs) resulting from claims arising out of your breach of these Terms of Trade.
AGREEMENT OF TERMS
By placing an order with al.ive body® you are agreeing to the above terms and conditions. These terms are subject to change at any time. If the terms are amended, they will be effective immediately.