TERMS AND CONDITIONS
BUSINESS CREDIT ACCOUNTS
Business Credit Accounts
Kaye International Ltd – Trading As: Kaye Beauty
1. Privacy Notice
1.1. We collect your personal information so we can assess your application for a Kaye Beauty Business Credit Account. We will be unable to assess your application or provide you with access to a Business Credit Account without this information. Your details will not be disclosed to third parties unless otherwise stated in the Business Credit Account – Terms and Conditions for the purposes of assessing your application.
2. The Contract
2.1. The Professional Client (hereon in called the “Client”) has read and understood, and agrees to these terms and conditions for the establishment, operation and use of a business credit account (“Account”). The execution of the application for an Account (“Application”) constitutes an offer by the Client to acquire and use an Account on the terms and conditions set out in this document. If Kaye Beauty approves the Application, such approval will constitute acceptance of the offer and will create a contract between Kaye Beauty and the Client on these terms and conditions (“Contract”).
3. Credit Enquiries
3.1. For the purposes of considering the Application, and at any time during the term of the Contract, the Client authorises Kaye Beauty to make such enquiries as Kaye Beauty may require to be satisfied as to the credit worthiness of the Client. The Client agrees to provide signed written authorities addressed to the Client’s banker or other credit providers, credit bureaus or mercantile agencies as Kaye Beauty requires from time to time.
4. Governing Law
4.1. The Contract is made in the state in which the Client operates their business and is governed by the laws in force in that state.
5. Credit Limit
5.1. Kaye Beauty specifies the maximum (GST inclusive) amount that may be charged to the account at any given time (“Credit Limit”). The Client’s Credit Limit is subject to review at any time by Kaye Beauty. Kaye Beauty may, on request in writing by the Client, agree in writing to increase or decrease the Credit Limit. Kaye Beauty is not responsible for any loss or damage whatsoever or howsoever caused arising from the refusal by Kaye Beauty to supply the Client with any products or services on credit because the Credit Limit has been exceeded. The Client agrees to immediately pay the amounts charged to the Account for any products or services supplied by Kaye Beauty in excess of the Credit Limit, whether or not demand has been made by Kaye Beauty. The parties agree that if prior to formally approving credit, Kaye Beauty grants the Client time to pay for any goods or services supplied, it does so on these terms and conditions.
6. Terms of Payment
6.1. The Client agrees to pay Kaye Beauty according to the terms of credit (e.g. Cash On Delivery or 21 Days) as specified on the tax invoice, for the amounts set out in the tax invoice.
6.2. Payment for the amount set out in all invoices shall be in New Zealand Dollars (NZD) unless specifically noted otherwise on the invoice.
6.3. Tax invoices are posted with the shipment of goods, and by email notification, to the Client at the addresses specified by the Client. This is sufficient notice of the amount due under the Account.
6.4. Where the Client has defaulted on their payment obligations under this Contract, any amounts owing by the Client to Kaye Beauty in connection with this Contract may be deducted from any fee payable by Kaye Beauty under any other contract.
6.5. Kaye Beauty reserves the right to charge interest on outstanding balances that exceed the payment terms specified in the Account at the rate of 30% per annum, calculated daily and from the date of invoice.
6.6. Kaye Beauty can only offer credit if Account payments are made on time. If payment cannot be made on time, you MUST contact us to arrange resolution as soon as practicable.
6.7. Debt Recovery – Costs associated with recovery of unpaid debts will be passed onto the client. This can be as much as 100% of the outstanding amount depending on the age of the debt.
7. Professional Account Operation
7.1. Opening a Credit Account – A Client may elect to operate a Credit Account once the following conditions have been met:
7.1.1. An opening order of greater than $500 is purchased and paid, or
7.1.2. The Client purchases at least $1,500 in any 3 month period, and
7.1.3. The Client completes a Credit Account Application.
7.2. Clients that do not meet the conditions of clause 7.1 and/or have their application for a credit account rejected will be required to pre-pay all orders before shipment.
7.3. Cash On Delivery (COD) Terms – If your payment terms are COD, the tax invoice falls due on receipt of the goods despite the invoice date being recorded as the date of shipment.
7.4. Overdue Invoices – In the event any amount remains outstanding beyond 30 days of the Due Date, Kaye Beauty reserves the right to take any and all reasonable action to recover the outstanding amount and insist that ALL future orders are pre-paid before shipment.
7.5. Transaction Errors – Any complaints made by the Client that a transaction recorded on the Client’s tax invoice or Account statement is incorrect, must be advised to Kaye Beauty in writing within seven days of the issue of the tax invoice/Account statement. If this does not occur, the transaction recorded in the tax invoice/Account statement is taken to be correct. If part of the amount set out in the tax invoice/Account statement is in dispute, the Client agrees to pay the undisputed amount within the time period specified on the tax invoice.
8. Security for Performance of the Contract
8.1. Bank Guarantee – The Client may be required to provide Kaye Beauty (either prior to the approval of the Account or during the term of the Contract), a bank guarantee in a form acceptable to Kaye Beauty, to secure the Client’s performance of the Account.
8.2. Other Forms of Security – As a term of its approval of the Account (or at any time during the term of the Contract), Kaye Beauty may require the Client to provide other security for performance under these terms and conditions.
9. Client Account Termination/Suspension
9.1. Kaye Beauty may, in its sole discretion and without requiring any reason to do so, at any time, suspend or terminate the Client’s Account on seven days written notice to the Client.
9.2. The Client acknowledges that Kaye Beauty may suspend or terminate the Contract immediately (with or without written notice) if:
9.2.1. Kaye Beauty was induced by fraudulent misrepresentation on the Client’s part to approve an application for any account with the Client, or
9.2.2. the amount charged to a Client’s Account exceeds the Credit Limit at any time without prior written approval of Kaye Beauty, or
9.2.3. any amount charged to the Account is due and unpaid (amounts disputed in accordance with clause 6.4 are not considered due until the dispute is rectified), or
9.2.4. in the opinion of Kaye Beauty any change in circumstances, including without limitation, changes in the Client’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the Account, makes the continuance of the Contract undesirable or unsatisfactory, or
9.2.5. the Client becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; the Client being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the Client being a natural person, dies; or the Client ceases or threatens to cease conducting business in the normal manner, or
9.2.6. the Client uses the Account for any non-commercial purposes including, without limitation, for personal, domestic or household purposes, or
9.2.7. the Client is otherwise in default under this Contract.
9.3. If Kaye Beauty suspends or terminates the Account under either clauses 9.1 or 9.2, the balance of the Account and any amounts incurred but not then billed are immediately due and payable by the Client to Kaye Beauty. The Client must pay to Kaye Beauty any amounts reasonably incurred or expended by Kaye Beauty in exercising its right under the Contract as a result of default by the Client or as a result of any circumstance referred to in clause 9.2.
10. Client Account Due Definitions
10.1. CURRENT – amounts owing fall into the agreed credit period of COD, 7, 14, 21 or 30 days.
10.2. 30 DAYS OVERDUE – amounts owing are between 0 & 30 days overdue.
10.3. 60 DAYS OVERDUE – amounts owing are between 30 & 60 days overdue. Payment must be made as soon as possible. Accounts may be put on CREDIT HOLD after 60 days.
10.4. 60+ DAYS OVERDUE – amounts owing are seriously in arrears and MUST be paid immediately. Failure to do so WILL result in temporary or permanent CREDIT HOLD AND/OR Account cancellation.
11. Hire Purchase Agreements
11.1. Hire Purchase may be offered to the Client in the following circumstances:
11.1.1. Where a purchase amount exceeds $1,000.
11.1.2. Where the Account Credit Limit will be exceeded.
11.2. Only 1 Hire Purchase Agreement can be in force per client at any one time.
11.3. Specific terms and conditions may be applied to individual Hire Purchase Agreements. These additional terms and conditions will be documented on the Hire Purchase Agreement.
11.4. A deposit of approximately 40% will be payable before a specific agreement comes into force.
11.5. Orders will not be processed until such time as the deposit has been received by Kaye Beauty.
11.6. All and any overdue amounts will attract interest charges of 30% p.a. calculated daily and charged to the account each month end.
11.7. In the event any amount remains outstanding beyond 30 days after the Final Payment Date, Kaye Beauty reserves the right to take any and all reasonable action to recover the outstanding amount or repossess products as it sees fit.
11.8. Weekly payments must be done via scheduled bank transfer or by providing Kaye Beauty with a valid credit card number that will be billed on each payment date.
11.9. This agreement is ONLY VALID for the Invoice numbers stated in the agreement. Any additional purchases shall be paid under normal trading terms unless a new Hire Purchase Agreement is issued by Kaye Beauty.
12. Indemnity
12.1. The Client indemnifies Kaye Beauty against any liability, loss, costs, charges and expenses Kaye Beauty suffers in connection with the Contract or the Account.
13. Warranties
13.1. The Client warrants that:
13.1.1. all statements made and documents provided in connection with the Application and all representations that the Client has made or may make during the term of the Contract to Kaye Beauty are true and correct, and
13.1.2. the Account is required for the Client’s business or commercial purposes and will not be used for personal, domestic or household purposes.
13.2. The Client acknowledges that Kaye Beauty relies on the correctness of these warranties in approving the Application and continues to rely on these warranties in its dealings with the Client.
14. Notice
14.1. Notices served under the contract of Account may be delivered by post or by email to:
14.1.1. The Client – at the postal or email address provided in the Application or notified in writing by the Client to Kaye Beauty in accordance with clause 15.
14.1.2. Kaye Beauty – at the postal or email address as advised to the Client in the approval.
14.2. Notice is taken to be given:
14.2.1. In the case of ordinary post, in accordance with New Zealand Post’s published delivery standards for postal articles between the place of posting and the place of receipt, or
14.2.2. In the case of email, the business day following the date of transmission provided that the sender has received a receipt confirmation.
15. Changes in Address and Other Particulars
15.1. The Client must notify Kaye Beauty within seven days of any change in the constitution, ownership, membership or control of the Client, or any change or proposed change in the Client’s address. Despite the occurrence of any of these changes, the Clients obligations under the Contract and Account
15.2. Nothing in this clause affects Kaye Beauty’s right to terminate or suspend the Account under clause 9.2.4 or to refuse the Client (or successor) approval to operate a new Account.
16. Variation
16.1. Kaye Beauty may vary the terms and conditions of the Account with respect to future transactions between Kaye Beauty and the Client:
16.1.1. By agreement between Kaye Beauty and the Client, or
16.1.2. Unilaterally by Kaye Beauty giving to the Client not less than seven days prior written notice specifying the variation and the date on which the variation becomes effective.
16.2. Notice of the variation under this clause need not be sent separately and may be sent with the Client’s statement of account or as part of any other correspondence.
17. Client Account Assignment
17.1. The Client must not assign the Account without the consent in writing of Kaye Beauty which it may withhold in its absolute discretion.
18. Waiver
18.1. Failure by Kaye Beauty to enforce its obligations under the Contract does not constitute waiver of Kaye Beauty’s rights unless it is in writing, nor does it affect the obligation of the Client to make any further payments as and when they fall due.
19. Authority to Execute Contract
19.1. The person/s signing a Business Credit Account Application warrants that he/she is duly authorised by the Client to apply for credit and execute the Application on the Client’s behalf.
20. Product Exchange
20.1. Products will only be accepted for exchange (unless faulty or damaged) if they are in “As New” condition, are current inventory and are deemed fit for re-sale. Any decision to accept a return and the value assigned for a returned product is at the sole discretion of Kaye Beauty.
20.2. Products returned for any reason whether faulty, damaged or serviceable will only be accepted if the return is initiated within seven (7) days of receipt of product. Where the damage or fault could not be reasonably identified at receipt of product, Kaye Beauty will accept returns beyond the seven (7) day deadline at our discretion. In all cases where a return is accepted, products are normally exchanged on a like for like basis.
20.3. Re-Stocking Fee – A handling and re-stocking fee of $20 per return invoice will be applied with the exception of those products deemed as faulty or damaged.
20.4. Freight – Shipping costs associated with returning products are the responsibility of the purchaser. Where a product is deemed faulty or damaged, Kaye Beauty will pay for or re-imburse shipping costs, provided proof of such costs is supplied.
20.5. Account Management – Clients and Consumers will be credited with an exchange or return only when the product/s have been receipted and processed at our warehouse. Confirmation of a return will be provided by issuing a new invoice which will provide details of the return, all associated credits and charges and any amounts owing.
21. Product Storage
21.1. The useful life and performance of products is directly related to the conditions by which they are stored and/or handled. In general all products should be stored in a manner that prevents exposure to the following conditions; heat, ultraviolet radiation, humidity, freezing temperatures, cross contamination and dust contamination.
21.2. For ultraviolet (UV) sensitive products such as GELeration system products, it is extremely important to ensure that products are not exposed to higher levels of UV light. This includes direct or reflected sunlight, extremely bright or unshaded areas and within close proximity to UV or LED Lamps
21.3. In addition, once opened or in service, products and/or containers should be cleaned after each use paying particular attention to ensuring bottle tops and lid threads are free from product and will form a proper seal when replaced on the container.
21.4. Many consumable products are marked with a “Shelf Life” symbol which provides an indication of the expected shelf life of the product once opened. This is not a guarantee of shelf life and is entirely dependent on many factors including, but not limited to, those mentioned in this clause. Kaye Beauty will not warrant any product based on the indicated shelf life.
21.5. To be eligible for exchange or return, consumable products must be stored in accordance with the requirements of clause 21 and will undergo an inspection on return to verify these requirements have been met.
22. Shipping
22.1. Back Order Items – Items shown on your invoice as Back-Order are generally not included in the invoice total (unless payment was received in advance).
22.2. Back-order items will be sent to you and invoiced when they become available. The Client or Consumer must ensure any back-order item is cancelled if you no longer wish to receive it.
22.3. Couriers & Delivery of Orders – Kaye Beauty takes no responsibility for orders once they leave our warehouse. Orders that are shipped by 3rd party couriers or delivery services such as Post Haste are the sole responsibility of the courier/delivery service that is engaged to ship the order.
22.4. A tracking number will be forwarded to the client on shipment of orders. It is the responsibility of the client to ensure their order arrives in the stated time period. Where an order is late, the client must immediately notify both the courier service and Kaye Beauty.
22.5. Whilst Kaye Beauty will assist in tracking lost goods, replacement is at the discretion of the provider of the courier service. Note that an excess may apply to claims for lost goods which must be paid by the customer before a replacement order will be shipped.
22.6. Kaye Beauty cannot be held liable for any loss or damage caused by the non-delivery of orders.
23. Gift Vouchers
23.1. Gift Voucher Terms and Conditions
23.1.1. The following terms and conditions are in place for the issue and use of Gift Vouchers issued by Kaye Beauty.
23.1.2. Gift Vouchers:
23.1.2.1. Can be redeemed by presenting to a company representative, by contacting us at [email protected] or over the phone on 021537714.
23.1.2.2. May only be used to redeem goods from the current inventory.
23.1.2.3. Are not valid for goods on sale or otherwise discounted, such as package deals.
23.1.2.4. Can only be redeemed by the person shown on the front of the voucher or an authorised representative of the organisation shown.
23.1.2.5. Are NOT TRANSFERRABLE to any other individual or organisation.
23.1.2.6. Must be redeemed on or before the “valid until date” shown on the front.
23.1.2.7. Cannot be redeemed for cash or services.
23.1.2.8. Are redeemable in whole or part. Any remaining balance on your gift voucher may be used again within the original validity period.
23.1.2.9. With any unused balance will not be refunded or credited when the gift voucher expires.
23.1.2.10. Can only be redeemed when making an order and can only be redeemed up to 50% of the order value for Professional Clients.
23.1.2.11. Value includes GST.
23.1.2.12. Which are lost or stolen may not be replaced or refunded.
23.1.2.13. Are subject to normal Kaye Beauty terms and conditions.
24. E-Commerce Promotional Codes Terms and Conditions
24.1. The following terms and conditions are in place for the issue and use of E-Commerce Promotional Codes issued by Kaye Beauty.
24.2. E-Commerce Promotional Codes:
24.2.1. Can be redeemed by entering the published promotional code during check out at www.kaye beauty.co.nz.
24.2.2. Are not valid for goods on sale or otherwise discounted unless specifically configured as such.
24.2.3. Can only be redeemed during the promotional period.
24.2.4. Cannot be redeemed for cash or services.
24.2.5. Are not redeemable in part.
24.2.6. May be subject to minimum order value or quantity as published.
24.2.7. Lost or stolen promotional codes may not be replaced or refunded.
24.2.8. Are subject to normal Kaye Beauty terms and conditions.