By placing an order with Garden Of Vegan, you hereby agree to the following terms;
TERMS & CONDITIONS
1.The parties agree that:
(a) Garden Of Vegan (the "Supplier") manufactures ready-made meals, and appoints you as a non-exclusive reseller (the “Reseller”) on the terms and conditions of this Agreement.
(b) The Supplier grants non-exclusive rights to the Reseller to market, sell and support the products of the Supplier.
(c) The Supplier reserves the right to appoint other resellers to provide Reseller services.
(d) The parties record their respective rights and obligations in this Agreement and agree to perform their obligations in accordance with the terms and conditions of this Agreement.
(e) The Supplier has offered to appoint the Reseller as a reseller of the products, and the Reseller has accepted the Suppliers offer on the terms and conditions of this Agreement, and any future agreements, as amended from time to time.
2.Relationship between parties;
2.1 The Supplier will provide its products to the Reseller when a purchase order has been placed by the Reseller through our web portal at gardenofvegan.com.au.
2.1.1 The Reseller’s purchase order shall specify the products that the Reseller seeks to purchase, and the quantities of each product that the Reseller seeks to purchase.
2.2 The delivery day our products will arrive to the Reseller, will be specified at the time of purchase. The Reseller takes note that the order has to be paid in full prior to the specified Cut-Off Date, to arrive on the stipulated delivery day. Failure to pay in full at the time of ordering may delay this delivery date.
2.3 The Reseller agrees to pay for the Products upfront, prior to delivery.
2.4 The Supplier shall within 7 days of receipt of a purchase order from the Reseller, advise the Reseller if it is unable to deliver the Products within the timeframe stipulated, and provide an estimated new delivery date.
2.5 The Reseller agrees to sell the Suppliers products at a fixed price;
All of our meals have a retail price of $16.95, and cannot be sold individually or in combination, for less than this amount. Any specials, offers, or promotions that affect the price of the Suppliers Products must be agreed to in writing by the Supplier.
2.6 The Reseller must advise the Supplier within 24 hours of receipt of delivery if any Products are defective, damaged, or unfit for resale. No claims for damaged Products, by the Reseller, will be accepted after this time. Should any of the Products be defective, damaged, or unfit for resale, the Reseller agrees to email a photo of the fault to email@example.com within the 24 hour window.
2.7 All Products sold to the Reseller are final and are not subject to change or refund after stipulated Cut-Off Date, prior to delivery.
2.8 The Supplier does not accept returns. All meals that remain unsold after the 'Best Before' date, must be disposed of at the cost of the Reseller.
2.9 The Reseller agrees, completely, to not sell any products that have passed their Best Before date.
2.10 The Reseller agrees to keep the products refrigerated at or below 5 degrees celsius until sold or disposed.
3.1 Pricing for our products is available to be viewed through the website portal.
3.2 Pricing is subject to change at the discretion of the Supplier.
3.5 The Reseller agrees to sell the products at no less than the fixed price mentioned in Clause 2.5. ($16.95 per unit).
4.1 The delivery costs for supplying the Reseller with the products will be paid for by the Supplier, but only when the minimum order is purchased, to one delivery destination. The minimum order quantity for free delivery can be viewed through the website portal at the time of making purchase.
4.2 The delivery destination must be within the deliverable area of the Supplier. A postcode checker that the Supplier delivers to can be found at www.gardenofvegan.com.au
5.1 The Reseller agrees not to use, sell, or share any Confidential Information of the Supplier, with any third party, person, company or agency, as permitted by law.
5.2 “Confidential Information” shall mean all the information relating to the Supplier and its Products, which the Supplier considers to be proprietary or confidential, including but not limited to;
(a) products, services, processes, costs, sources of supply, marketing plans, strategic plans, business relationships, research and development, sales, profits, pricing methods, improvements, know-how, whether or not provided in writing or other expression;
(b) all other trade secrets and proprietary information relating to the Supplier and its Products, business affairs, and finances, or other information made available during discussions.
(c) this agreement, our wholesale pricing, and the terms of which this agreement is set.
(d) The Supplier revokes all liability in respect of the sale of the products to the Resellers customers. The Reseller accepts responsibility for the condition of the product after the initial window of claim, as stated in Clause 2.6.
(e) All other changes to this agreement must be made and agreed to by both parties in writing.