Terms and Conditions
The Supplier (Nelson Hair & Beauty Distributors) reserves the right, at its sole discretion, to update, change or replace any part of these Terms & Conditions of Trade by emailing, posting updates, and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of/or access to our website and/or the placement of an order for goods following the posting of any changes to these Terms of Service constitutes acceptance of these changes.
Definitions
“Goods” shall refer to any goods delivered by Nelson Hair & Beauty Distributors (as more fully described in any invoice or other sales record issued by Nelson Hair & Beauty Distributors to you or business including freight and handling charges incurred in doing so all of which form part of these terms and conditions.
“Customer” shall refer to the customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods from us.
“Goods” shall refer to any goods delivered by Nelson Hair & Beauty Distributors (as more fully described in any invoice or other sales record issued by Nelson Hair & Beauty Distributors to you or business including freight and handling charges incurred in doing so all of which form part of these terms and conditions.
“Customer” shall refer to the customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods from us.
"Business" shall refer to the Business or any person acting on behalf of and with the authority of the Business, or any person purchasing goods from us.
“Company” shall refer to Nelson Hair & Beauty Distributors.
“Price” shall refer to the cost of the Goods.
“Price” shall refer to the cost of the Goods.
Acceptance and Conditions
All orders are subject to acceptance and confirmation by the Nelson Hair & Beauty Distributors
Nelson Hair & Beauty Distributors reserves the right to:
1) Grant or decline credit to any Customer or Business and to suspend or cancel any pre-existing credit accounts upon written notice.
2) Impose a credit limit, which may be altered at our discretion. If at any time this limit is exceeded, Nelson Hair & Beauty Distributors may withhold further deliveries until a satisfactory arrangement has been agreed upon.
Price
The price for the Goods shall be the current wholesale price excluding GST (Goods and service Tax) charged by Nelson Hair & Beauty Distributors at the date of purchase or delivery, unless otherwise agreed in writing and include standard levies.
The price for the Goods shall be the current wholesale price excluding GST (Goods and service Tax) charged by Nelson Hair & Beauty Distributors at the date of purchase or delivery, unless otherwise agreed in writing and include standard levies.
Payment
Unless otherwise agreed in writing, all new wholesale accounts will default to cash terms with payment required before taking goods or having them delivered.
Unless otherwise agreed in writing, all new wholesale accounts will default to cash terms with payment required before taking goods or having them delivered.
Once a trading history has been established, in some circumstances you may request a review of your payment terms to our standard credit terms with payment due 30 days from invoice date.
Unless otherwise agreed in writing, payment for the Goods shall be due by or before the earlier of:
1) 30 days following in which the Goods are invoiced to the Customer; or
2) The commencement of any act or proceeding in which the Customer’s solvency is involved; or
Any act done or permitted by the Customer, the practical effect of which is or might be to deprive the Company of any of the benefits of these conditions of sale.
Failure to make any due payment may result in orders and deliveries being stopped until the overdue situation is rectified and/or interest being charged on overdue balances.
1) 30 days following in which the Goods are invoiced to the Customer; or
2) The commencement of any act or proceeding in which the Customer’s solvency is involved; or
Any act done or permitted by the Customer, the practical effect of which is or might be to deprive the Company of any of the benefits of these conditions of sale.
Failure to make any due payment may result in orders and deliveries being stopped until the overdue situation is rectified and/or interest being charged on overdue balances.
Payments may be made in store or via online payment.
Please reference the Account and invoice Number.
Interest and Legal Costs
If the Customer fails to make any payments due to Nelson Hair & Beauty Distributors by the due date, they shall be liable to pay:
1) Default interest thereon at the rate of 2.5% per month for the period during which it remains unpaid, which interest shall accrue on a daily basis and shall accrue after as well as before judgement; and
2) All of Nelson Hair & Beauty Distributors expenses, debt collecting fees, and legal costs (calculated as between Solicitor and own client), in relation to obtaining remedy for the Customer’s failure to pay.
If the Customer fails to make any payments due to Nelson Hair & Beauty Distributors by the due date, they shall be liable to pay:
1) Default interest thereon at the rate of 2.5% per month for the period during which it remains unpaid, which interest shall accrue on a daily basis and shall accrue after as well as before judgement; and
2) All of Nelson Hair & Beauty Distributors expenses, debt collecting fees, and legal costs (calculated as between Solicitor and own client), in relation to obtaining remedy for the Customer’s failure to pay.
Risk and Liability
Notwithstanding that ownership in the Goods may remain with Nelson Hair & Beauty Distributors, all risk in respect thereof shall pass to the Customer upon delivery. Accordingly, the Customer should insure the Goods against such risks, as they think appropriate.
Nelson Hair & Beauty Distributors shall not be liable for:
1) Loss caused by any factor beyond Nelson Hair & Beauty Distributors control.
2) Failure to deliver the Goods by any specified dates.
3) Loss consequential to any of the above.
Notwithstanding that ownership in the Goods may remain with Nelson Hair & Beauty Distributors, all risk in respect thereof shall pass to the Customer upon delivery. Accordingly, the Customer should insure the Goods against such risks, as they think appropriate.
Nelson Hair & Beauty Distributors shall not be liable for:
1) Loss caused by any factor beyond Nelson Hair & Beauty Distributors control.
2) Failure to deliver the Goods by any specified dates.
3) Loss consequential to any of the above.
Defective Goods
All claims for defective Goods should be made in writing or emailed to Nelson Hair & Beauty Distributors within seven days of the delivery of the Goods to the Customer.
All claims for defective Goods should be made in writing or emailed to Nelson Hair & Beauty Distributors within seven days of the delivery of the Goods to the Customer.
The Company’s liability for defective Goods and loss caused by defective Goods is limited at our option to either:
1) Replacing the defective Goods; or
2) Refunding the price of the Goods rejected
1) Replacing the defective Goods; or
2) Refunding the price of the Goods rejected
Returns
We have a 7 day return policy from the day you receive your goods.
To be eligible for a return, your item must be in the same condition that you received it, unopened or unused, and in its original packaging. You’ll also need to provide proof of purchase if required.
Please contact us prior to sending back, or bring in store and we can exchange for another item in Nelson Hair & Beauty Distributors shop.
Delivery
Unless we agree otherwise, we will deliver the Goods to the address stated on our confirmation of order at your cost.
Unless we agree otherwise, we will deliver the Goods to the address stated on our confirmation of order at your cost.
We shall not be responsible for any part delivery or delay in delivery of the Goods.
You agree to inform us within seven days of the date of invoice if proof of delivery of the Goods is required. After this period, we shall have no obligation or liability to provide you with proof of delivery.
Freight for any returns is at the expense of the Customer unless otherwise agreed in writing from Nelson Hair & Beauty Distributors.
Warranty
To the extent permitted by law, we exclude all warranties, conditions or obligations imposed by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 or under any other statutory provision, under common law, equity or otherwise.
Without limiting clauses.
Where the Goods are sold for business purposes, the parties agree that the Consumer Guarantees Act 1993 shall not apply to those Goods.
No sales person, representative or agent is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these Terms.
Where you supply the Goods to any person, and the Consumer Guarantees Act applies, you must not give or make any undertaking assertion or representation in relation to the Goods without our prior approval in writing, and you must give the person buying the Goods such product information relating to the Goods as we require. You agree to indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of a breach by you of these obligations.
If you are needing to make a warranty claim on an item, Nelson Hair & Beauty Distributors supplies will require documentation- invoices to process it.
Joint Accounts
Where there is more than one person named as the Customer (“joint account”), the liability of those persons is joint and several.
Nelson Hair & Beauty Distributors will accept instructions relating to a joint account from any of the named persons. To cancel a joint account, the consent or request of only one named person is necessary. Cancellation does not affect the Customer’s liability until all obligations have been met.
Nelson Hair & Beauty Distributors will accept instructions relating to a joint account from any of the named persons. To cancel a joint account, the consent or request of only one named person is necessary. Cancellation does not affect the Customer’s liability until all obligations have been met.
Credit Information
You consent to us, or any financier or credit-rating agency, making enquiries of and obtaining any information about your financial standing and credit worthiness.
You consent to us, or any financier or credit-rating agency, making enquiries of and obtaining any information about your financial standing and credit worthiness.
Account Use
Only appropriately qualified individuals have access to our services, we do not supply to the general public.
Dependant on qualification, individuals may not have access to selected items (eg. Hair Colour that may cause damage if the individual is not adequately trained).
Account owners may not allow other individuals (eg. Relatives, clients or associates) to use accounts unless they had called Nelson Hair & Beauty Distributors in advance.
Only appropriately qualified individuals have access to our services, we do not supply to the general public.
Dependant on qualification, individuals may not have access to selected items (eg. Hair Colour that may cause damage if the individual is not adequately trained).
Account owners may not allow other individuals (eg. Relatives, clients or associates) to use accounts unless they had called Nelson Hair & Beauty Distributors in advance.
Ownership and Repossession
Ownership of the Goods is retained by Nelson Hair & Beauty Distributors until payment is made in full for the Goods supplied to the Customer.
Until payment of all monies due by the Customer to Nelson Hair & Beauty Distributors, the Company shall hold the Goods for the Company as fiduciary owner, and the Goods shall at all times be stored so as to be readily identifiable as goods supplied by the Company, and the Company shall at any time be entitled to be satisfied that the manner of storage complies with this requirement.
Notwithstanding any period of credit allowed by Nelson Hair & Beauty Distributors or, if any Goods held by the Customer are sold prior to payment, then the proceeds of sale thereof shall be kept separate and shall be the property of the Company, payable immediately.
Upon default in any payment due by the Customer to Nelson Hair & Beauty Distributors or, either before or after any period of credit expires upon the Customer becoming solvent or having a receiver appointed or going into liquidation, the Company may (without prejudice to any of the Company’s other rights) enter upon the premises where the goods are kept and recover possession of the Goods and resell the same. So long as the Customer holds the goods as fiduciary owner, the Customer is entitled to sell the Goods to third parties in the ordinary course of business on such sales for the Company, and if so required, the Customer shall hand over to the Company any claims the Customer has against such third parties.
Until the Company has been paid in full and if the Goods are sold by the Customer, the proceeds of the sale may be claimed by the Company as their property, and if so claimed the Company will apply such proceeds first in payment of any costs, charges, expenses or outgoings incurred by interest due thereon, and the Company shall account to the Customer for any balance.
Confidentiality
You shall at all times treat as confidential all non-public information and material received from us and shall not publish, release, or disclose the same without our prior written consent. For clarity, confidential information includes any Intellectual Property and prices.
You shall at all times treat as confidential all non-public information and material received from us and shall not publish, release, or disclose the same without our prior written consent. For clarity, confidential information includes any Intellectual Property and prices.
Privacy of Information
The Customer and the Guarantor (as the case may be) authorise us:
To collect, retain and use information about them from any person for the purpose of assessing their creditworthiness and marketing goods and services provided by us including without limitation sending promotional material from time to time
To collect, retain and use information about them from any person for the purpose of assessing their creditworthiness and marketing goods and services provided by us including without limitation sending promotional material from time to time
Make any inquires to any person or company concerning the Customer’s or the Guarantors’ credit record, residence, employment, financial status, or any information provided by the Customer or the Guarantor in its application to Nelson Hair & Beauty Distributors and the Customer and the Guarantor authorise any person or company so approached to provide such information to Nelson Hair & Beauty Distributors.
To disclose information about them:
To any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to the Customer’s and the Guarantors’ obligations to us;
to such persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights, remedies and powers under these Terms.
We may charge the Customer and the Guarantor reasonable costs for providing access to the information.
Personal Property Securities Act 1999
The Customer acknowledged that:
1) These Terms constitute a security agreement between the parties; to secure full payment of the price for the goods and compliance with the Customer’s obligations set out in these Terms. The Customer hereby grants the Company a Security Interest in the Goods, creating a first priority Security Interest in all Goods supplied by the Company.
The Customer acknowledged that:
1) These Terms constitute a security agreement between the parties; to secure full payment of the price for the goods and compliance with the Customer’s obligations set out in these Terms. The Customer hereby grants the Company a Security Interest in the Goods, creating a first priority Security Interest in all Goods supplied by the Company.
2) The Company’s security interest is inclusive of all crafts and commodities, as well as any other goods that may be described in any invoice produced by Nelson Hair & Beauty Distributors
3) The Company reserves the right to register a Financing Statement perfecting a Security Interest in the Goods on the Personal Property Securities Register. The Customer, will on request, do anything required by the Company to perfect its Security Interest in the Goods.
4) The Customer must not change their name without first notifying the Company of the new name not less than seven (7) days before the change takes effect.
5) To the fullest extent permitted under the PPSA, the Customer waives its rights under the PPSA and agrees to contract out of the provisions of the PPSA.
6) The Customer will not grant any other Security Interest in the Goods without the prior consent of the Company and will notify the Company immediately it becomes aware of any person taking steps to file a Financing Statement against any of the Goods.
If you have any questions, please call us.