1. Definitions 1.1 The Distributor is Professional Beauty Solutions Pty Limited is the exclusive wholesale distributor of Sunescape Tan, Youngblood Mineral Cosmetics, Image Skincare, Pure Fiji, Bestow Beauty, Dermalux LED, Body Sugaring Australia, Ecococo, Bio-Therapeutic, Lynton Lasers, Pollogen, Fusion Mesotherapy, Mesopen Pro & Wotnot to qualified Skin Care Professionals, Medical Professionals and qualified Makeup Artists. In this agreement, Professional Beauty Solutions will be referred to as PBS. 1.2 “Agreement” means this Agreement is between the Stockist and the Distributor and is made up of 4 pages. Sale of Sunescape Tan, Youngblood Mineral Cosmetics, Image Skincare, Pure Fiji, Bestow Beauty, Dermalux LED, Body Sugaring Australia, Ecococo, Bio-Therapeutic, Lynton Lasers, Pollogen, Fusion Mesotherapy, Mesopen Pro & Wotnot. 2. The Stockist (Who you can sell to…) 2.1 May supply products only to their clients. 2.2 Shall not sub-distribute to other stockists, agents or retail outlets. 2.3 Shall not directly nor indirectly, sub-distribute products to any person, agent or retail outlet outside Australia.. 2.4 Shall not exhibit or sell products at flea markets or side-walk sales. 2.5 Shall not resell Display Units and testers. 2.6 Must agree to have personnel available during normal business hours to service clients that are referred to said Stockist. 2.7 The Stockist will be responsible for maintaining the clean and professional appearance of the tester display unit. Testers must be current and within their use-by date. 2.8 Stock must be displayed on a current & approved stand and the stand must not hold any other products other than Youngblood 2.9 Youngblood Mineral Cosmetics, Sunescape, Bestow Beauty & Bio-Therapeutic products may be sold on legitimate websites only. The aforementioned brands CANNOT BE SOLD ON EBAY OR ANY OTHER AUCTION FORMAT WEBSITES. 2.10 IMAGE SKINCARE PRODUCTS may be sold on legitimate websites on the basis of the following criteria is met including but not limited to: - Retail clients will need a consultation prior to purchase and won’t be able to check out without a login or code provided by the salon - Products cannot be shipped outside of Australia - Professional products cannot be sold online - Selected Image Skincare & Image Skincare MD products cannot be sold online. 2.11 Pure Fiji products cannot be sold online without consent from Professional Beauty Solutions. 2.12 In order to maintain a stockist of a Professional Beauty Solutions Brand, an order must be placed within 12 months otherwise the account will be closed. 3. Ordering (How to place an order) 3.1 The Stockist can place orders by either: Phone: 02 9668 8100 Email: orders@probeautysolutions.com.au 4. Payment (How to pay…) 4.1 Payment can be made by credit card, cheque, or direct deposit. Acceptable credit cards are Visa and Mastercard. 4.2 Cheques are to be made payable to Professional Beauty Solutions Pty Limited. 4.3 Dishonoured cheques, dishonoured direct debits (from bank accounts or credit cards) or credit card chargebacks attract a fee of $50 per incident. 4.4 Electronic fund transfers and bank deposits can be made to: BSB 032-052 Account Number: 274632 Name: Professional Beauty Solutions Pty Limited Bank: Westpac Please apply your inv. number to the reference section 5. Postage (Our couriers are reliable and competitive) 5.1 Postage is as per freight and handling protocol for your area. 5.2 These charges are subject to change without notice. 6. Delivery of Goods (When will I get my products? Faster than you think) 6.1 All orders placed before 12pm (AEST) will be dispatched on the same day. Orders placed after 12pm (AEST) will be dispatched the following business day. Upon dispatch, you can expect to receive your goods within 48 hours in NSW, QLD & VIC and up to 5 days in WA, TAS, SA & NT. 6.2 Opening orders and Display packages will be dispatched within 5 working days of your payment clearing. Delivery of Opening orders and Display packages will be made up to 5 days after dispatch. 6.3 When planning an event, it’s advised that you place your order at least a week before to allow plenty of time for delivery. 6.4 PBS will not be responsible for late deliveries. 6.5 PBS will check each order before the order leaves the PBS warehouse. It is the Stockist’s responsibility to check the order upon its receipt. Any discrepancies must be phoned through to Head Office within 24 hours of delivery. For all opening orders, any discrepancies must be brought to the attention of the distributor within 7 days of delivery. 6.6 Should you receive any damaged or incorrect products upon receipt of your order, please phone Head Office immediately and quote your invoice number. This product will need to be returned to head office with a Goods Return Form within 7 days from the invoice. The correct product will be sent out and invoiced immediately. Credit notes will not be issued until the product has been received back to Head Office. 6.7 Once goods are accepted they are under “Buyers Care”. 7. Retention of Title (The product remains ours until it's paid for…) 7.1 Title in the goods supplied shall not pass to the Stockist until payment in full of the purchase price is received by PBS. The Stockist shall hold the goods on behalf of PBS in the meantime. 7.2 PBS is empowered to appropriate payments to such goods and accounts as it thinks fit. 8. Return of Products (If you need to return anything…) 8.1 Stock exchanges: in general, PBS does not accept exchanges. Any exception to this policy must be within 7 days of purchase, approved by PBS prior to return, and is subject to a 15% restocking fee. Any returns should always be accompanied by a Goods Return Form (these can be obtained from Head Office or your Business Development Manager). 8.2 Sensitivity: The Stockist must complete a Sensitivity Declaration Form (these can be obtained from Head Office or your Business Development Manager), and return the form and the product to Head Office immediately to be reviewed. If it is a valid reaction to the product, PBS will replace the product that is causing the reaction or issue a credit. 8.3 Mismatched colour: PBS does not bear the responsibility for product replacement if your staff has incorrectly colour-matched a client, and your clinic's return policy comes into effect. 8.4 PBS will not accept the return of discontinued products or products from opening orders. 9. Trademarks and Copyright (Our brands are very important to all of us) 9.1 Stockists must always use PBS brand logos images and copy in accordance with our branding manual. 9.2 The Stockist must obtain approval from PBS before reproducing Sunescape Tan, Youngblood Mineral Cosmetics, Image Skincare, Pure Fiji, Bestow Beauty, Dermalux LED, Body Sugaring Australia, Ecococo, Bio-Therapeutic, Lynton Lasers, Pollogen, Fusion Mesotherapy, Mesopen Pro & Wotnot trademarks, images and copy in any form. 9.3 The Stockist must use the words “Stockist of” above any of the brand’s logos at all times, and all artwork is to be approved by Head Office before it is used. 9.4 The Stockist may not make any unsubstantiated claims in the name of Professional Beauty Solutions, Sunescape Tan, Youngblood Mineral Cosmetics, Image Skincare, Pure Fiji, Bestow Beauty, Dermalux LED, Body Sugaring Australia, Ecococo, Bio-Therapeutic, Lynton Lasers, Pollogen, Fusion Mesotherapy, Mesopen Pro & Wotnot. 10. Liability (Don’t blame us unless it is our fault) 10.1 The Distributor shall not be liable for any loss, damage, or personal injury sustained by the Stockist or the Stockist’s customers, as a result of the use of Sunescape Tan, Youngblood Mineral Cosmetics, Image Skincare, Pure Fiji, Bestow Beauty, Dermalux LED, Body Sugaring Australia, Ecococo, Bio-Therapeutic, Lynton Lasers, Pollogen, Fusion Mesotherapy, Mesopen Pro or Wotnot products, except to the extent provided for by legislation. 11. TRAINING (You know you won’t succeed without it) 11.1 In order to meet the requirement to represent our brands, you must maintain our required level of training. 11.2 We require all representatives in your salon to attend a minimum of one classroom training session per brand annually. Note: This is a “Minimum” requirement, however, our most successful salons invest far more than this into ongoing training and education of PBS brands. 11.3 Booking fee for all training is a minimum of $75 and is non-refundable if cancelled within 2 weeks of the training date (This includes complimentary training redeemed from the PBS Rewards Program). 11.4 Payment to be made upfront. 12. Acceptance (Yes, I agree) 12.1 The Stockist accepts the terms and conditions of this Agreement by signing and dating the Agreement, initialing all pages, and returning a copy or originals to: PO BOX 602, Kurnell NSW 2231. 12.2 PBS reserves the right to terminate sales to any stockist that violates any point of this agreement.