• Customer accounts terms and conditions

Customer accounts terms and conditions

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We at Blackmores know that the quest for optimum health requires a never-ending pursuit of reliable and trusted information. We recognise that every day you make choices about your health and wellbeing, and we want you to be in the best position to make the right decisions.

 

BLACKMORES STANDARD TERMS AND CONDITIONS effective from 1/2/2016

1.     Scope

These terms and conditions ("Terms") shall apply to all sales of goods made by Blackmores Ltd (ACN 009 713 437) ("Blackmores") (including sales of Pure Animal Wellbeing products), whether such sales result from orders received from the Customer by telephone, mail, facsimile machine, EDI or internet and all other incidental matters arising from such sales.

 

2.     Special Conditions

(i)      From time to time, special terms and conditions may be agreed upon between Blackmores and the Customer.

(ii)     Such special terms and conditions will take precedence over these Terms to the extent there are any inconsistencies between these Terms and such special terms and conditions, providing such special terms and conditions are in writing and signed by both Blackmores and the Customer.

 

3.     Prices

(i)      Where prices are specified on Blackmores order list, such prices are subject to variation without notice and the price charged to the Customer will be that advised on the invoice.

(ii)     Notwithstanding the above, Blackmores shall endeavour to provide at least 14 days' notice to the Customer before such price changes come into effect.

 


4.     GST

(i)   Unless otherwise statedprices specified on Blackmores order list are exclusive of GST.

(ii)   Where GST is applicable to a sale or a supply by Blackmores to the Customerthe price for the sale or supply will be increased by the applicable GST at a rate prevailing at the time the sale/supplyBlackmores will issue a Tax Invoice to the Customer for the GST inclusive price for the sale/supply and the Customer must pay the GST inclusive price specified on the invoice.
 

5.     Cancellation of Orders

(i)      The Customer shall not be entitled to cancel an order, save that Blackmores may in its absolute discretion permit the Customer to withdraw his or her order if the order has not been packaged or dispatched by the due date.

(ii)     In the event that the Customer is in default of payment for any previous orders, or if the Customer is declared bankrupt, is placed into receivership or under an order for liquidation or is in breach of these Terms, Blackmores is permitted to terminate the order and pursue legal remedies.

 

6.     Passing of Title and Risk in the Goods

(i)      Delivery of possession of the goods to the Customer is made on the express condition that title to the goods shall not pass to the Customer until payment for those goods has been received by Blackmores.

(ii)     Risk in the goods shall pass to the Customer on and from the time of delivery of the goods to the Customer.

(iii)    Until payment for the goods has been received by Blackmores, the Customer must insure the goods and identify them so that they are readily distinguishable from other goods held by the Customer or other persons.

(iv)    Before title to the goods passes to the Customer in accordance with clause 6(i), the Customer may sell the goods in the ordinary course of its business provided that the Customer holds the proceeds it receives as trustee for Blackmores. The Customer must not assign or grant a security interest in respect of any accounts owed to it in relation to the goods without Blackmores prior written consent.

 

7.     Delivery and Freight Charges

Method of delivery will be nominated by Blackmores. Orders over the value of $200 (ex. GST) will be delivered free of charge. Blackmores may charge a delivery fee on orders for less than $200 (ex. GST) in value.

 

8.     Acceptance of Goods

(i)       The Customer shall be deemed to have accepted the goods to be of the description, quality, quantity and price ordered unless particulars of any claim are notified to Blackmores within 7 days after arrival of goods at place of delivery.

(ii)     Freight company consignment notes must be signed as proof of delivery.

 

9.     Storage and Handling of Goods

a)     Goods must be stored in conditions consistent with the label direction. For ambient products, this must be less than 30°C, dry conditions and away from direct sunlight.

b)     Goods must not be frozen or stored in an environment of extreme high temperatures or temperature fluctuations.

c)     Goods must be handled and stored in a manner to ensure product, packaging and labels are not physically damaged.


10.  Credit Terms

(i)      The Customer must pay Blackmores the purchase price indicated on each invoice for the goods it orders from Blackmores within 30 days from end of month of invoice. Invoices shall be issued on the day the Products are despatched.

(ii)     Orders placed when any invoice is overdue may result in orders being placed on hold.

(iii)    Payments may be made by EFT, direct debit, cheque, credit cards (Visa, Mastercard, American Express) and Bpay.

(iv)    Blackmores reserves the right to charge a processing fee in relation to payments made with credit cards, which fees may vary from time to time.

(v)     Blackmores may from time to time require an order to be pre-paid by the Customer before the order is processed and fulfilled. Blackmores may require this based on its assessment of the total value of the order, the Customer's credit history, the Customer's outstanding balance with Blackmores and any other factors as Blackmores reasonably determine as being appropriate from time to time. Based on these factors, Blackmores may also impose a credit limit against the Customer's account.

 

11.  Recovery of costs

Blackmores may seek to recover costs, fees, charges and disbursements (including collection agency commissions, and legal costs on a Solicitor/Client basis) incurred by Blackmores in recovering any monies due to Blackmores pursuant to these Terms.

 

12.  End Use of Products

(i)       Where goods are marked on the container label as "For practitioner dispensing only" they must only be supplied by the Customer to a patient in the context of a consultation with a qualified health professional or an alternative therapy practitioner where that professional or practitioner is, or is employed by or consulting to, the Customer.

(ii)     If the Customer is a company, the Customer represents and warrants that the Customer has a health professional or alternative therapy practitioner as an employee on its staff, or consulting to the Customer as a sub-contractor.

(iii)    In no circumstance other than in the context of a consultation should any product labelled "For practitioner dispensing only" be supplied to a Customer to be on-sold to members of the public.

 

13.  Product Returns and Refunds

(i)       STOCK THAT HAS BEEN PRICE TAGGED, DAMAGED, IS SHORT DATED OR OUT OF DATE WILL NOT BE ACCEPTED TO BE RETURNED OR REFUNDED. STOCK WHICH HAS NOT BEEN STORED OR HANDLED IN ACCORDANCE WITH CLAUSE 10 WILL ALSO NOT BE ACCEPTED TO BE RETURNED OR REFUNDED.

(ii)     For product returns to be assessed by Blackmores for the purpose of determining whether an amount can be credited to the Customer's account, the Customer needs to complete the following steps:

i)      Obtain an RMA (Returned Material Authorisation) number by phoning Customer Service 1800 808 522

ii)     Pack the products;

iii)    Write the RMA number on the outside of the package; and

iv)    Send to the Reply Paid address obtained from Customer Service or give to the carrier authorised by Blackmores.

(iii)    The Customer will not deduct or set-off the value of the claim against any invoices until a credit note has been issued by Blackmores in relation to that claim.

 

14.  Product Expiry Date

(i)      Unless otherwise specified, goods will have a minimum of 9 months shelf life when they are committed to the Customer's order.

(ii)     Notwithstanding the above clause 14(i):

i)      Blackmores Probiotic range and the Pure Animal Wellbeing Nutraceutical Range will both have a minimum of 7 months shelf life; and

ii)     Food and other powder based products will have a minimum of 6 months shelf life.

 

15.  Reservation of Rights

Blackmores reserves the right to renegotiate the terms with the Customer or withhold supply of Products in the event that any one or more of the following occur:

i)      the beneficial ownership of the Customer changes;

ii)     the Customer re-supplies Blackmores products to other retailers;

iii)    the Customer exports Blackmores products outside of Australia;

iv)    the Customer engages in conduct which, in the reasonable opinion of Blackmores, has the potential to damage goodwill or reputation of Blackmores;

v)    the Customer overlays or otherwise interferes with any labelling on the Products without first obtaining the prior written consent of Blackmores; or

vi)    the Customer engages or is involved in an illegal activity related to the selling of Products.

 

16.  Default

If the Customer fails to comply with any of these terms in relation to payment for the goods or otherwise or becomes insolvent or the subject of any form of external administration, it will be in default. If the Customer defaults, then:

i)      immediately on Blackmore's request, the Customer must return to Blackmores any goods acquired from Blackmores that have not been paid for; and

ii)     Blackmores may enter the premises at which those goods are stored, and seize possession of them; and

iii)    Blackmores may retain, sell or otherwise dispose of those goods.

 

17.  Limitation of liability


To the extent permitted by law, Blackmores and each of its affiliates, contractors and suppliers will not be liable for any indirect, consequential, special, punitive, economic , exemplary, extraordinary or incidental damages, or damages for lost profits, revenues, business interruption, lost production, lost business reputation, remote, abnormal or unforeseeable loss arising in connection with these Terms, even if advised of the possibility of such damages or if such possibility was reasonably foreseeable.

 

18.  Personal Property Securities Act 2009 (Cth) ("PPSA")

(i)      If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with any agreement incorporating these terms, to the extent the law permits, the Customer and Blackmores agree that:

a)      for the purpose of sections 115(1) and 115(7) of the PPSA:

(1)     Blackmores need not comply with sections 95, 121(4), 125, 130, 132(3)(d) or 132(4); and

(2)     sections 142 and 143 are excluded; and

b)      for the purposes of section 115(7) of the PPSA, Blackmores need not comply with sections 132 and 137(3).

(ii)     The Customer waives the right to receive any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

(iii)    The Customer consents to Blackmores effecting and maintaining a registration on the PPSA register (in any manner Blackmores considers appropriate) in relation to any security interest arising in connection with any agreement incorporating these terms and the Customer agrees to provide all assistance reasonably required to facilitate this.

(iv)    In these terms the following words have the respective meanings given to them in the PPSA: accounts, proceeds, register, registration, security interest and verification statement.

 

19.  Privacy

By purchasing products from Blackmores you grant us consent to collect, store, use and disclose any personal information or credit information you may give us and any of your credit eligibility information we may receive from third parties in accordance with our Privacy Policy and our Credit Reporting Policy available at http://www.blackmores.com.au/privacy. Please also ensure that you read and understand the Blackmores Collection Statement that accompanies these Terms as that statement contains additional information relevant to our collection, storage, use and disclosure of your personal information, credit information and credit eligibility information in connection with your application to join the Blackmores retail credit service.

 

20.  Change of Terms

(i)      These Terms shall apply to all sales to the Customer unless and until amended by Blackmores.

(ii)     Blackmores reserves the right to amend any of these Terms (either generally or in a specific case) for any sales at anytime.

(iii)     Any amendment to these Terms must be notified to the Customer not less than (30) days prior to the date on which the amendment becomes effective. If, after being given notice of an amendment the Customer places further orders for goods, those further orders are subject to the Terms as then in force.

 

21.  New Condition

No terms or conditions shall be taken as purporting to exclude restrict or modify any condition, warranty, guarantee, right or remedy which may be implied or imposed by statute for the benefit of the Customer.

 

22.  Applicable Law

The contract shall be construed in accordance with the law of the State of New South Wales, Australia.


GUARANTEE AND INDEMNITY (FOR A COMPANY ACCOUNT)

To: Blackmores Ltd

I/We the undersigned ("the Guarantors") jointly and severally in consideration of your granting credit to the Applicant Customer ("the Customer") in accordance with the annexed application and Standard Conditions of Accounts Sale and Delivery ("the Agreement") GUARANTEE TO YOU payment of each and all sums of money interest and damages in which the Customer may now or hereafter be indebted or liable to you on any account whatever (the Guaranteed amounts")

 

I/WE HEREBY AGREE with you as follows:

 

1.       The Guarantee shall be a continuing Guarantee for the purpose of securing the payment of the whole ofthe guaranteed amounts.

2.     No Guarantor shall be exonerated from liability by reason of:

 

(a) Any other guarantee security agreement or instrument which you may now or hereafter hold or in respect of all or any of the obligations hereby guaranteed except where you agree the same expressly replaces or revokes this guarantee;

(b) Any release variation exchange renewal or modification made or any other dealing by you with any of the items mentioned in Clause 2(a) hereof, whether with or without the consent of or notice to the Guarantor;

 

(c) Any time or indulgence or compromise granted to the Customer whether with or without the consent ofor notice to the Guarantor;

 

(d) The death lunacy incapacity or bankruptcy of any individual Guarantor or the winding up or dissolution of any corporate Guarantor;

 

(e) The fact that the customer may enter into a transaction with or incur obligations to you without theconsent of or notice to the Guarantor;

 

(f)  Any change in the membership of any partnership or firm of which the Customer is a member or the death insolvency liquidation dissolution official management or bankruptcy of the Customer;

(g) Your assent to any composition arrangement or scheme in respect of the customer or its affairs orthe acceptance by you of any dividend or sum of money thereunder;

 

(h) Any person who ought to become a Guarantor failing to do so.

3.      This Guarantee is independent of and in addition to any other guarantee or security held or to be held by you for all or any of the guaranteed obligations.

 

4.      The making of a demand shall not be a condition precedent to the liability of any Guarantor hereunder.

 

5.     We hereby jointly and severally charge all our respective interests in real property wherever situated with payment of the guaranteed amounts.

 

6.     We jointly and severally indemnify you:-

 

(a) in respect of any payment you may make to satisfy your obligation to account to any liquidator in any administration in insolvency of the affairs of the Customer for any sum of money received by you for the credit of any account of the customer;

 

(b) for any loss you may incur as a result of any purported agreement security guarantee or indemnity you otherwise hold in respect of the obligations of the Customer to pay you any money for goods being found void or defective:

 

Privacy Act 1988 (Cth)

 

BLACKMORES COLLECTION STATEMENT

Protecting your Privacy

 

Blackmores Ltd (ACN 009 713 437) ("Blackmores", "we","our" and "us") is committed to providing you with the highest levels of customer service. This includes protecting your privacy as we recognise that this is important to you. Blackmores collects, uses and discloses your personal information, credit information and credit eligibility information in accordance with the Privacy Act 1988 (Cth) and associated rules and regulations, including the Privacy Regulation 2013 (Cth) and the Credit Reporting Privacy Code (together, "Privacy Laws").

 

Following is the information that the Privacy Laws require us to communicate to all of our customers. We recommend that you keep this information for future reference.

 

Our privacy policies

 

Blackmores Privacy Policy

Blackmores treats your personal information in accordance with the Blackmores Privacy Policy, which may be obtained by visiting our website at www.blackmores.com.au or by contacting us on 1800 803 760. This Policy contains details on how you may:

•    access your personal information held by us and seek correction of that information; and

•    complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.

 

Blackmores Credit Reporting Policy

Blackmores treats your credit-related personal information in accordance with the Blackmores Credit Reporting Policy, which may be obtained by visiting our website at www.blackmores.com.au or by contacting us on 1800 803 760 to request a hard copy. This Policy contains details about credit reporting, including how Blackmores deals with your credit information and to which Credit Reporting Bodies Blackmores is likely to disclose your credit information. This Policy alsoexplains:

•    how you may access your credit eligibility information held by us;

•    how you may seek the correction of your credit information or your credit eligibility information held by us;

•    how you may complain about a failure by us to comply with the Privacy Laws and how we will deal with such a complaint; and

•      whether we are likely to disclose credit information or credit eligibility information to entities that do not have an Australian link and, if so, the countries in which those entities are likely to be located.

 

Collection of your information

 

What information do we collect?

We may collect your personal information such as your name, date of birth, current and previous addresses, telephone/mobile phone number, e-mail address, bank account or credit card details and occupation.

 

We may collect your personal information and credit eligibility information, such as a credit report or other report about your credit worthiness or history or personal information contained in those reports.

 

How we collect your information

Blackmores collects personal information, credit information and credit eligibility information in a number of ways, including:

•    directly from you, when you provide information by phone or in documents such as an application form;

•    from third parties such as the Credit Reporting Bodies listed on our website at www.blackmores.com.au, Credit Providers or your representatives;

•    from publicly available sources of information;

•    from the organisations identified below under "When we disclose your personal information";

•    from our own records of how you purchase product from Blackmores.

 

Why we collect your information

Your information (including your personal information, credit information and credit eligibility information) may be collected in order to:

•    assess your application to join the Blackmores retail credit service;

•    conduct appropriate checks for credit-worthiness;

•    provide the service you require;

•    administer and manage that service, including charging and collecting debts;

•    inform you of ways the service provided to you could be improved;

•    research and develop our services;

•     gain an understanding of your information in order for us to provide you with a better service.

 

Consequences of not disclosing your information


If you choose not to provide to us either personal information or credit information or both types of information, we may not be able to process your application or provide you with the service you require.

 

Disclosure of information

 

When we disclose your personal information

We may disclose your personal information to organisations outside Blackmores. The organisations to which we may disclose information include:

outsourced service providers who manage the services we provide to you, including: customer enquiries;

billing and debt-recovery functions; marketing and market research

your representatives (eg. your authorised representatives or legal advisers); our professional advisers, including our accountants, auditors and lawyers;

government and regulatory authorities and other organisations, as required or authorised by law.

 

 

When we disclose your credit information and credit eligibility information

We may disclose your credit information and credit eligibility information to organisations outside Blackmores, including: external credit management companies that manage our online account applications and the ongoing credit health check of our customers;

the Credit Reporting Bodies listed on our website at www.blackmores.com.au;

Credit Providers, for credit-related purposes such as credit-worthiness, credit rating, credit provision; a Guarantor or proposed Guarantor named in this application.

Help us to ensure we hold accurate information

Blackmores takes all reasonable precautions to ensure that the personal information, credit information and credit eligibility information we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:

•    let us know if there are any errors in your personal information, credit information or credit eligibility information;

•    keep us up to date with changes to personal information and credit information, such as your name or address.

 

You can access your information

You have a right to access your personal information, credit information and credit eligibility information subject to some exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.

 

How to contact us

If you have any questions in relation to privacy, please write to our Privacy Officer at PO Box 1725, Warriewood NSW 2102 or send an email to privacy@blackmores.com.au.


Notifiable Matters under the Privacy (Credit Reporting) Code 2014


This statement sets out a number of notifiable matters that must be disclosed to you when Blackmores Limited (ACN 009 713 437) ("we" and "us") collect your credit-related information. For more information about how we manage your credit­ related information, please see our Credit Reporting Policy available at www.blackmores.com.au/privacy. You have rights to access the credit eligibility information that we hold about you, to correct your credit-related information and to make a complaint to us about our handling of your credit-related information. Our Credit Reporting Policy includes details about how you may exercise such rights

If you apply for commercial credit or offer to act as a guarantor, we may disclose your credit-related information to a Credit Reporting Body (CRB) or we may collect credit-related information about you from a CRB. Under the Credit Reporting Privacy Laws, CRBs are permitted to use and disclose your credit-related information. Your credit-related information may be included in reports provided to credit providers to assist them in assessing your credit-worthiness. You have the right to request a CRB not to use your credit reporting information for the purposes of pre-screening of direct marketing by a credit provider. You also have the right to request a CRB not to use or disclose credit reporting information about you, if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.

 

You can contact the CRB that Blackmores deals with on the details below:

 

illion AUSTRALIA PTY LTD

PO Box 7405, St Kilda Rd, Melbourne VIC 3004

P 1300 861 332

https://www.illiondirect.com.au/

 

If you would like more information about how illion manages credit-related information, please see the illion Privacy Policy available at https://www.illion.com.au/privacy-policy/

 

 

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