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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern belakandelawholesale.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to belakandelawholesale.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

By signing up to an account on our website, you agree that you are eighteen years of age or older.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and belakandelawholesale.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential precondition to you using our website that you agree and accept that belakandelawholesale.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Unless mandated by applicable regulations, belakandela does not engage in stability testing or preservative testing for the products it manufactures.

 belakandela cannot offer any guarantee regarding product stability unless stability testing and preservative testing are carried out at the Customer’s expense. 

If the Customer approves a commercial sample provided by belakandela without conducting stability or preservative testing, the Customer assumes all responsibility for the product’s stability and suitability for its intended use.

 The Customer is required to furnish belakandela with all relevant Material Safety Data Sheets pertaining to any products supplied to belakandela by the Customer. 

belakandela will not be liable for the effectiveness of the product’s preservation. The responsibility and risk of conducting the necessary tests to assess preservation adequacy and evaluate the product lie solely with the Customer. Bringing the product to the market is a commercial risk assumed by the Customer.

Any guidance, recommendations, information, technical support, or formulation services (referred to as “the Advices”) provided by belakandela (or its representatives) regarding the Goods are offered in good faith and are believed by belakandela to be suitable, accurate, and dependable.

The Customer acknowledges that it has not solely relied on such Advices and has had sufficient time to seek and consider either its own advice or alternative guidance.

• If belakandela receives materials and/or goods supplied by the Customer (including tubes, bottles, or similar containers) for the containment or use of the Goods produced by belakandela, all such materials and/or goods are provided at the Customer’s own risk.

• belakandela’s pricing structure is based on the assumption that the Customer will provide clean, high-quality packaging components. If any quality issues arise due to packaging supplied by the Customer during the project, belakandela reserves the right to impose a surcharge to rectify the quality problem and/or decline to fill any subpar packaging.

• While belakandela will exercise reasonable care with materials supplied by the Customer, any materials left on belakandela’s premises are not insured by belakandela  and remain at the Customer’s risk at all times.

• belakandela is required to purchase or take delivery of any raw materials, packaging components, or goods specific to a particular order (referred to as “specialist materials”), and there are leftover specialist materials at the end of the contract between belakandela and the Customer, the Customer is obligated to purchase all remaining specialist materials from belakandela at belakandela’s cost price plus GST.

• Regardless of any statements made by belakandela, the Customer must independently take all reasonable steps and conduct inquiries to ensure that the materials and/or goods (including tubes, bottles, and similar containers) provided to belakandela are suitable for all purposes and under all conditions, including as containers for the goods manufactured or produced by belakandela

• If the Customer fails to pay any invoice on the grounds that the Goods were not: (a) Fit for a merchantable purpose, or (b) Suitable for or compatible with the materials and/or goods provided by the Customer to belakandela, (c) Then the Customer agrees to bear the ongoing burden of proof in any legal proceedings to demonstrate that, before placing the order with belakandela, it had duly conducted all reasonable and independent inquiries to confirm that the materials and/or goods supplied by the Customer were suitable for use with and for containing the Goods provided by the Customer to belakandela.

PACKAGING

All packaging should be tested under the intended conditions that the finished products will be exposed to, especially when they are fully filled. It is the Client’s responsibility to continually verify the following:

Ensure that the chosen packaging products are technically suitable for the intended purposes and comply with all legal requirements.

Confirm that the packaging products are compatible with any components they are intended to be used with.

Verify that the packaging products are compatible with the formula with which they will come into contact.

belakandela will not address complaints arising from the Client’s omission to perform these three checks. 

To accommodate production needs, the quantity of customized articles may fluctuate by a maximum of +/- 10% compared to the quantity specified in the Order Confirmation.

The information and materials provided are for educational purposes only. Individuals who receive this information must exercise their own judgment to determine its suitability for a specific purpose or use.

The user of the product is solely responsible for ensuring compliance with all applicable laws and regulations, including the intellectual property rights of third parties.

As the availability of ingredients and raw materials is not always guaranteed due to natural fluctuations or other factors, belakandela reserves the right to substitute alternative ingredients/raw materials in the production of its products and bases to ensure a consistent supply to its customers.

belakandela operates as a wholesaler of natural and synthetic skin care products and raw materials. If you plan to re-label our products under your own brand name for resale or retail purposes, we strongly recommend staying informed about evolving labeling regulations. Please refer to www.accc.gov.au or www.nicnas.gov.au for information. belakandela cannot be held liable for any consequential losses or product recalls resulting from incorrect labeling.

COMPETITION AND CONSUMER ACT

Our goods and services come with guarantees that cannot be excluded, modified, or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), belakandelawholesale.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other courier companies or delivery services. Deliveries are manufactured/processed promptly upon receipt of full payment. Goods Manufacturing and processing times are dependent on product and service requirements, the availability of materials, and components, individual requirements, availabilities, and delivery options.  The timeframe for delivery of goods is dependent upon the service selected and is out of our control once sent.   Delayed, damaged, or lost orders should be resolved with Australia Post, the courier, or the delivery service company directly and we are not responsible for goods that are damaged or delayed in transit or not received. Replacement of delayed, damaged, or lost items is made at the discretion of belakandelawholesale.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

belakandelawholesale.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. Unless the goods are custom-made, custom-scented, or custom labelled, and have valid reasoning, unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of belakandelawholesale.com.au.

LINKS TO OTHER WEBSITES

belakandelawholesale.com.au may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between belakandelawholesale.com.au and the owners of those websites. belakandelawholesale.com.au takes no responsibility for any of the content found on the linked websites.

belakandelawholesale.com.au’s website may contain information or advertisements provided by third parties for which belakandelawholesale.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, belakandelawholesale.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. belakandelawholesale.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of belakandelawholesale.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At belakandelawholesale.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. belakandelawholesale.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

belakandelawholesale.com.au may be required, in certain circumstances, to disclose information in good faith and where belakandelawholesale.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of belakandelawholesale.com.au.  belakandelawholesale.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then belakandelawholesale.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. belakandelawholesale.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

belakandelawholesale.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and belakandelawholesale.com.au concerning your use and access to belakandelawholesale.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Victoria, Queensland and Australia. If there is a dispute between you and belakandelawholesale.com.au that results in litigation then you must submit to the jurisdiction of the courts of VIC, QLD.

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