GENERAL TERMS & CONDITIONS 1. All prices will be effective at the date of placing your order ( Veaudry has the right to adjust pricing from time to time and will notify the Customer of such changes prior to placing an order ) 2. "Veaudry International Propriety Limited ( hereinafter "Veaudry") holds the right to limit the supply and quantities of goods prior to Price increases, promotional activities and stock shortages 3. This agreement will commence on the date signed below. 4. Veaudry does not accept returns on stock purchased, unless agreed to in writing by the management staff. 5. Accounts are strictly C.B.D unless otherwise agreed to. 6. All stock delivered and signed for is the property of Veaudry until paid for in full 7. DUTIES OF THE RESELLER The Reseller hereby agrees that it will at all times during the continuance in force of this Agreement observe and perform the terms and conditions set out herein and in particular: 7.1 The Reseller shall comply with the E-Commerce T&C’s - a separate E-Commerce agreement MUST be signed in order to sell online. 7.2 The Reseller expressly agrees 7.2.1 to sell the Products to its Salon customers only and 7.2.2 shall not in any way supply or distribute the Products, directly or indirectly, to commercial retail outlets, online stores or the like. 7.2.3 shall not sell salon professional stock ( stock with no RSP used for in-salon services ) to any consumer or other salon directly. It is strictly for th use in their own personal salon. 7.2.4 no stock may be sold / distributed on Facebook marketplace or the likes thereof. 7.3 The Reseller will at all times use its best endeavours to promote and extend sales of the Products from its Salon. 7.4 The Reseller must in all dealings with its customers relating directly or indirectly to the sale or other disposition of the Products not create a misperception that it is not selling the Products as principal (owner of the Products). 7.5 In amplification of the aforesaid, the Reseller will not incur any liability on behalf of Veaudry, or in any way pledge or purport to pledge Veaudry’s credit or accept any order or make any contract binding upon Veaudry without Veaudry first approving the terms thereof. 7.6 The Reseller must immediately bring any improper or wrongful use of Veaudry’s Intellectual Property, which the Reseller becomes aware of, to the attention of Veaudry, and must, in the execution of the Reseller’s duties, use every effort to safeguard the property, rights and interests of Veaudry, and must assist Veaudry at its request in taking all reasonable steps to defend Veaudry’s rights other than by the institution of legal proceedings. 7.7 The Reseller must promptly bring to Veaudry’s attention any information received by the Reseller which is likely to be of interest, use or benefit to Veaudry in relation to the marketing of the Products 7.8 The Reseller must provide Veaudry with the Sales Information, on a monthly basis. 7.9 Except insofar as the Reseller is permitted to appoint agents, the Reseller may not cede or assign or purport to cede or assign this Agreement or any rights or obligation under it without the consent in writing of Veaudry. 7.10 The Reseller will, in purchasing and reselling the Products, be bound by Veaudry’s conditions of sale in force from time to time, as published on its website, and any modification thereto made by Veaudry and may not make any promises, representations, warranties or guarantees with reference to the Products except such as are consistent with those conditions or as are expressly authorised by Veaudry in writing. 7.11 The Reseller may not alter, obscure, remove, conceal or otherwise interfere with any sales packaging of the Products which may be placed on the Products by Veaudry. 7.12 The Reseller undertakes to perform the prescribed sensitivity test and/ or skin allergy test when applicable as required by the package inserts and / or instructions on the Products and/or the literature provided in respect of the Products. 7.13 The Reseller acknowledges that it shall be solely liable for any damage that occurs to a client of the Reseller should it fail to carry out the necessary tests. 8. All Profile applications must have all supporting documentation attached 9. PRICE: Please note that should your salon qualify for any bulk discounts, this offer may not be added to special offers ( i.e no double discounts) 10. ONLINE / E-commerce: All Resellers who wish to sell our range of products online must sign the e-commerce agreement ( a sepprate agreeement ) In short this agreement will cover ( and this waiver, you agree to this ) : - Veaudry permits salons to sell our products online, through their own DIRECT online channel ( in other words - your own peronal online store ) and through any Third party site like Takealot, Loot, Amazon, OneDayOnly etc .
- Please note that the RSP values need to be adhered to and showcased at all times as the standard pricing.
- We do permit short bursts of reduced pricing for promotions as long as the promotions are pre-approved in writing by Veaudry Management. Promotions are run using your margin - and we reserve the right to participate or co-fund a promotion ( Discounts / free stock towards a promotion are not guaranteed, and will be provided at the discretion of Veaudry Management )
- Online stores may only sell within South Africa.
- We don’t permit discounting or strike through prices or everyday low price or blanket discounts across the full brand / the majority of the brand – promotions need to be specific and clear. Value add promotions are encouraged.
11. All orders under the minimum order value will attract a picking/delivery fee. 12. Veaudry Heat Stylers carry a 1 year guarantee against manufacturing faults - all claims must be accompanied with the original purchase receipt. 12. Privacy and Data protection 12.1 For purposes of this clause,
12.1.1. “POPIA" means the Protection of Personal Information Act 4 of 2013, inclusive of all its Regulations and Guidance Notes issued by the Information Regulator;
12.1.2. "Personal Information" has the meaning given to it in POPIA, and specifically means the Personal Information accessed and shared by the Parties with each other for purposes of giving effect to this Agreement;
12.2 The Parties hereby consent to the use of the Personal Information respectively collected and shared with each other, for purposes of giving effect to the terms of the Agreement and agree to treat all such Personal Information strictly confidential.
12.3 The Parties agree that such Personal Information shared shall be processed (i) lawfully, (ii) in a minimal way, and (iii) for the intended purpose of the Agreement only.
12.4 Each Party shall comply with POPIA and other applicable data protection legislation (e.g. the General Data Protection Regulation (EU) 2016/679) with respect to the processing of Personal Information.
12.5 Each Party warrants to the other that it has the legal right to disclose all Personal Information that it does in fact disclose to the other under or in connection with this Agreement.
12.6 The Parties shall only process Personal Information for the purposes specified in the Agreement and shall where required by POPIA obtain the necessary consent to process special Personal Information in terms of section 26 of POPIA..
12.7 The Parties shall only process Personal Information during the term of the Agreement, or until either Party, lawfully withdraws such consent.
12.8 The Parties have the right to access any Personal Information exchanged in respect of the Agreement, and to request correction and updating of such Personal Information.
12.9 The Parties shall ensure that all Personal Information be destroyed in a manner that de-identifies the Personal Information once the statutory period for storage of such Personal Information has expired.
12.10 The Parties hereby authorise each other to make the following transfers of Personal Information:
12.10.1 internally to its own employees, offices and facilities, only for purposes of given effect to the terms of the Agreement, providing that such transfers must be protected by appropriate safeguards as envisaged by POPIA;
12.10.2 to its Operators (as defined in POPIA), providing that such transfers must be protected by appropriate safeguards and a written contract with the Operator as envisaged by POPIA, which shall impose no less stringent obligations regarding the processing of Personal Information on the Operator, than this Agreement does on the Parties.
12.10.3 to a country or territory to the extent that such jurisdiction ensures an adequate level of protection for Personal Information, as envisaged by POPIA, or has specifically been identified by the Information Regulator as having adequate data protection laws.
12.11 Each Party shall promptly inform the other if, in their opinion, an obligation under the Agreement relating to the processing of Personal Information infringes POPIA.
12.12 Notwithstanding any other provision of this Agreement, a Party may process the Personal Information if and to the extent that it is required to do so by applicable law.
12.13 The Parties shall ensure that persons authorised to process Personal Information have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
12.14 The Parties have the right to access any Personal Information exchanged in respect of the Agreement, and to correct and update such Personal Information.
12.15 The Parties shall ensure that all Personal Information be destroyed in a manner that de-identifies the Personal Information once the statutory period for storage of such Personal Information has expired.
12.16 The Parties shall each implement appropriate technical and organisational (unless not applicable, e.g. in the case of an individual contracting with the Company) measures to ensure an appropriate level of security for Personal Information under their control and that it is protected against unauthorised or unlawful processing, accidental loss, destruction or damage or alteration, having regard to (i) generally accepted industry security rules, practices and standards, and (ii) applicable codes of conduct.
12.17 The Parties shall, insofar as is required under POPIA, identify all reasonably foreseeable internal and external risks and take all necessary steps to (i) verify that the safeguards which they have in place have been effectively implemented; and (ii) ensure that the safeguards are updated in response to new risks or deficiencies in previously implemented safeguards subsequently identified.
12.18 The Parties shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist each other with the fulfilment of their obligations to respond to requests exercising a data subject's rights under POPIA.
12.19 The Parties shall assist each other in ensuring compliance with the obligations relating to the security of processing of Personal Information, the notification of Personal Information breaches to the Information Regulator and the communication of Personal Information breaches to a data subject.
12.20 The Parties must notify each other of any Personal Information breach affecting Personal Information without undue delay and, in any case, not later than 48 hours after a Party becomes aware of the breach, and shall take all reasonable steps necessary to mitigate the extent of the loss occasioned by such breach.
12.21 The Parties shall make available to each other all information necessary and reasonably required to demonstrate the compliance with POPIA.
12.22 The Parties shall, at their choice, delete or return all of Personal Information to each other termination of this Agreement and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Information.
12.23 If any changes or prospective changes to POPIA result or will result in one or both Parties not complying with POPIA in relation to processing of Personal Information carried out under this Agreement, then the Parties shall use their best endeavours to promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.
23.24 Photographs and images, You indemnify Veaudry International ( PTY ) LTD and its subsidiary brands against any claims with regards to the sharing or use of images of data subjects that you have shared on any of your digital platforms. We reserve the right to share these images to our channels. It is your responsibility to ensure the consent to use any images from the data subjects reflected in the images you have posted. ACKNOWLEDGEMENT OF DEBT In my own capacity hereby agree to pay all ( if any ) outstanding debts, amounts that may be due to VEAUDRY INTERNATIONAL without dispute. By signing this document I acknowledge that I accept all the credit act legislations with regards to payment, and agree to legal pursuit from VEAUDRY INTERNATIONAL if my account is not paid timeously. I further accept any finance charges imposed for late payment. ( Salon Owner Full name and ID Number linked to the below acknowledgement ) May 5, 2024
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