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DISTRIBUTOR TERMS AND CONDITIONS

Who is Lashmint?

At Lashmint we pride ourselves with the most effective lash improving products on the market. With over a decade long of research and experience in lashes, we offer only the most revolutionary products with the most natural ingredients to strengthen and grow your natural lashes. All our products are not tested on animals.

The Agreement:

This Distributor Agreement is made effective as from the date of which approval of the registration of the distributor takes place, between Lashmint (Pty) Ltd (the Company) and the Distributor (the Client).

Preamble:

The Company manufactures and sells the products listed on this website. The Client desires to purchase the Products from the Company for resale in South Africa. The Distribution Agreement is subject to the terms and conditions set in this Agreement.

Appointment, Acceptance and Scope:

  1. Subject to the terms and conditions of this Agreement, the Company appoints and grants the Client the right to sell and distribute the Products to customers located in its respective territory selected upon registration. The Client shall limit its activities with respect to the Products located within the territory stipulated and refrain from selling or otherwise transferring, directly or indirectly, the Products to any persons outside the Territory without written consent from the Company.
  2. The Distributor may appoint sub-agents, sub-distributors or sub-representatives to act on his or her behalf, provided that the person act in accordance to this Agreement and any compensation agreed upon between the Distributor and his or her sub-agent is solely the Distributor’s responsibility.
  3. The Distributor is an independant contractor and is not and shall not be deemed an employee, a legal representative, dealer, general agent, joint venture, or partner of the Company for any purpose. The Distributor acknowledges and agrees that the Company does not grant it any authority to make changes to the Company’s terms and conditions of sale, grant any warranties in excess of those extended by the Company or limit liabilities or remedies less than the Company’s limits, sign quotations, incur obligations or in general enter into contracts on behalf of the Company or bind the Company into any transactions with customers, governmental agencies and/ or third parties.

Orders, Price, Terms of Sale and Payment:

Orders shall be made with the Company and the Company understands that its timely acceptance of orders from the Distributor hereunder is an important element of this Agreement. All orders all be fulfilled by the Company within 5 business days from time of which payment is made by the Distributor.

The Company agrees to sell, and the Distributor agrees to purchase the Products in accordance with the Prices and Volume discounts as shown on the website. Such prices and discounts shall be subject to increases once per year and the Company shall give 1 (one) calendar month’s notice to the Distributor of such increase.

Receipt of Goods:

The Distributor agrees to inspect the Products within 5 business days upon receipt to determine whether any Products included in the shipment are in short supply, defective, or otherwise not in conformance with this Agreement. Within 5 business days of such notification, the Company will rectify the situation with the Distributor.

Shipping policy:

All orders are processed on business days only, excluding public holidays and weekends. Please allow 5 business days from time of dispatch for delivery to tape place. Once the order has been dispatched, the Distributor may no longer change the delivery address, should there be any changes or amendments to the delivery address, it is the Distributor’s sole responsibility to contact the courier provider.

Resale of the Products:

The Distributor agrees to resell the Products for the prices not lower than the recommended retail prices of the Products. The Company has no control over or liability in connection with the price at which the Distributor resells the Products, the Distributor shall hold the Company harmless and indemnify and defend the Company from and against any liability resulting therefrom.

Responsibilities of the Distributor:

The Distributor agrees that it will diligently perform the services and obligations detailed in this Agreement. The operations of the Distributor are under its sole and exclusive control, including without limitation supervision of and liability for expenses incurred with respect to, employees. The Distributor will use best reasonable efforts to distribute the Products in the Territory. It is the sole responsibility of the Distributor to resell the Products ordered from the Company, no Products may be returned due to the Distributor inability to sell the Products.

Marketing and advertising:

The Company shall be responsible for general marketing and advertising of the Products under the Company brand. The Distributor may use marketing materials supplied by and made available by the Company in advertising its Products. The Distributor agrees to stay in line with the advertising and marketing of the Products as agreed between the Parties.

Card acquiring and security:

Card transactions will be acquired for Lashmint via Yoco (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Yoco uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Customers may go to www.payfast.co.za to view their security certificate and security policy.

Customer details separate from card details:

If the Distributor registers with Lashmint, then all details will be stored with Lashmint separately from card details which are entered by the client on Yoco’s secure website. For more details on Yoco refer to www.yoco.co.za. All details of the customer will be accessible by Lashmint staff and for the purposes of fulfilling our customers orders only.

Merchant Outlet country and transaction currency:

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility:

Lashmint takes responsibility for all aspects relating to the transaction including sale of goods on this website, customer service and support, and dispute resolution.

Country of domicile:

This website is governed by the laws of the Republic of South Africa and Lashmint chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice or other documents or communication of whatsoever nature, 4 Brian Drive, Lyme Park, Gauteng.

Variation:

Lashmint may, in its sole discretion, change this Agreement or any part thereof at any time without notice.

Company contact details:

Please view “Contact Us” page to find out contact information.

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