Terms & Conditions
Effective date: 1 January 2027
These Terms and Conditions of Trade govern the wholesale supply of Oway, Sophic and other products distributed by Eco Salon Supplies Pty Ltd (ESS).
1. Application and Interpretation
1.1 These Terms apply to products supplied by Eco Salon Supplies Pty Ltd (ESS) to approved business customers, except where a separate written agreement expressly overrides them.
1.2 These Terms, accepted orders, written account approvals and expressly agreed brand-specific conditions form the trading agreement.
1.3 ESS may approve wholesale accounts for professional salons and other suitable retailers or businesses. Account approval does not guarantee continuing supply or credit facilities.
1.4 Customers must provide accurate business and contact information and promptly notify ESS of material changes.
1.5 Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including those under the Australian Consumer Law.
2. Orders and Acceptance
2.1 All orders are subject to acceptance by ESS, stock availability and applicable credit arrangements.
2.2 ESS may accept, decline or partially accept an order.
2.3 Customers may cancel an order before dispatch. After dispatch, the returns provisions apply.
2.4 ESS may discontinue products, brands or ranges, change packaging or decline unusual quantities.
2.5 ESS does not impose a general minimum order value under these Terms.
2.6 Where ESS cannot supply products already paid for, ESS will arrange an appropriate refund, account credit or agreed alternative.
3. Product Availability and Backorders
3.1 For standard orders, available products may be dispatched immediately. Unavailable items will ordinarily be cancelled rather than automatically backordered.
3.2 Customers must place a new order when unavailable products return to stock.
3.3 For opening packs or agreed introductory packages, ESS may retain unavailable items on backorder and dispatch them later at ESS's expense, without additional freight charges to the customer.
3.4 Estimated delivery dates are indicative and may change due to supply or freight conditions. Applicable statutory rights remain unaffected.
4. Pricing and Discounts
4.1 Wholesale prices, discount structures and account trading tiers may be amended by ESS with appropriate notice.
4.2 Updated prices apply prospectively. Prices agreed for accepted orders will be honoured unless otherwise agreed.
4.3 ESS may review or change a customer's discount structure based on purchasing volumes, account eligibility and trading performance, with appropriate notice.
4.4 Unless otherwise stated, wholesale prices exclude GST, freight and other disclosed charges.
4.5 Recommended retail prices are recommendations only. Customers independently determine their own resale prices, discounts and promotions.
5. Freight and Delivery
5.1 Applicable freight charges will be disclosed before order acceptance in accordance with ESS's current freight arrangements.
5.2 Customers must provide accurate delivery information and reasonable access for delivery.
5.3 For goods delivered by ESS or its carrier, risk passes to the customer when goods are delivered to the customer or an authorised recipient. For customer-arranged collections, risk passes on collection.
5.4 Ownership of products is addressed separately under the retention-of-title provisions.
6. Damaged, Missing or Incorrect Products
6.1 Customers should inspect deliveries promptly and report visible damage, missing products or incorrect items within seven calendar days of receipt, wherever reasonably possible.
6.2 Claims should be emailed to info@ecosalonsupplies.com.au, including the order or invoice number, product details, description of the issue and relevant photographs.
6.3 Where ESS has supplied an incorrect product or quantity, ESS will arrange and pay for the return or collection of incorrect goods and provide the appropriate correction, refund or account credit.
6.4 Where products are confirmed to have arrived damaged, ESS's standard practice is to replace them at no additional cost, including replacement freight.
6.5 The reporting timeframe does not remove statutory rights relating to hidden defects or other matters protected by law.
7. Change-of-Mind and Discretionary Returns
7.1 ESS is not obliged to accept returns because a customer has changed their mind or ordered the wrong product.
7.2 Such returns may be accepted at ESS's discretion and require prior written authorisation.
7.3 Unless otherwise agreed, customers are responsible for returning authorised goods to the ESS warehouse at their own expense.
7.4 Returned goods must be unused, unopened, in original packaging, clean, undamaged, within their expiry date, with sufficient shelf life for resale, and otherwise fully saleable.
7.5 ESS will inspect returned goods before approving a refund or account credit.
7.6 No restocking fee applies.
7.7 These provisions do not restrict remedies required by applicable consumer law.
8. Product Faults and Consumer Returns
8.1 Suspected product faults must be reported to info@ecosalonsupplies.com.au with the product name, invoice or order reference, batch number where available, description of the fault and relevant photographs.
8.2 ESS may request additional information or return of the product to its warehouse for assessment.
8.3 Customers will ordinarily send products to ESS for assessment. Reasonable return freight costs will be reimbursed where required by law.
8.4 Following assessment, ESS will provide any remedy required by applicable law or express warranty.
Returns made by a salon's customer
8.5 Where an end consumer returns a product to a salon or retailer because it does not suit their personal preferences, fragrance preferences, hair type or desired results, ESS is not automatically responsible for providing the retailer with a refund, replacement or account credit.
8.6 Salons and retailers are responsible for discretionary refunds, exchanges and goodwill returns offered to their own customers.
8.7 This does not exclude claims involving genuine product faults, inaccurate product claims or failures to meet applicable consumer guarantees.
9. Product Recalls and Safety
9.1 ESS may issue product recalls, withdrawals or safety notices where required.
9.2 Customers must promptly comply with lawful recall instructions, including stopping sales, identifying and isolating affected stock, and providing available batch information.
9.3 Customers must cooperate with returns, corrective action and notification of end consumers where required.
9.4 ESS will coordinate recalls initiated by ESS and provide appropriate instructions concerning returns, collection and associated costs, subject to applicable law.
9.5 Customers must promptly notify ESS of suspected product safety concerns.
10. Payment Terms and Credit Accounts
10.1 Unless credit facilities have been approved in writing, orders operate on payment-before-dispatch terms.
10.2 Approved credit accounts have payment terms of 30 calendar days from the original invoice date.
10.3 Approved credit customers may be required to register a valid payment card with PencilPay and accept its separate payment authorisation terms.
10.4 Under ESS's current arrangements, unpaid approved credit invoices may be automatically collected from the authorised card on day 40 following the original invoice date, subject to the customer's payment authorisation and applicable law.
10.5 Customers may pay by EFT or bank transfer before automatic card collection to avoid the applicable PencilPay card-processing fee, provided payment is received and reconciled in time.
10.6 Customers operating on payment-before-dispatch terms may pay through the Cin7 Pay invoice payment link where available. ESS currently absorbs the merchant fees for this payment method.
10.7 ESS may suspend supply, place overdue accounts on credit hold, require advance payment or withdraw credit facilities following late payment or material or repeated breaches, with appropriate notice where practicable.
Late Payment Administration Fees
Proposed provision — subject to legal approval before commencement.
10.8 For invoices issued on or after 1 January 2027 that remain unpaid more than 60 calendar days after the original invoice date, ESS may apply a single late-payment administration fee per invoice, following a reminder.
Original invoice valueAdministration feeUnder $200$0$200–$1,999.99$20$2,000 or more$50
10.9 No repeated administration fee will be applied to the same invoice.
10.10 No fee will apply to a genuinely disputed amount while ESS reasonably investigates the dispute.
10.11 All fees and recovery costs are subject to applicable law.
11. Ownership and Security Interests
11.1 Subject to applicable law, ownership of supplied products remains with ESS until the customer has paid all amounts due for those products in full.
11.2 Risk may pass to the customer before ownership transfers.
11.3 Until title passes, customers must appropriately store and care for unpaid products and comply with applicable security arrangements.
11.4 To the extent permitted by the Personal Property Securities Act 2009 (Cth), the customer grants ESS a security interest in products supplied on credit and their identifiable proceeds to secure payment obligations.
11.5 Customers agree to provide reasonable assistance with lawful registration and protection of those security interests.
11.6 ESS may exercise recovery or security rights only through lawful processes.
12. Online Sales and Brand Presentation
12.1 Approved customers may sell authorised Oway and Sophic retail products through their own physical stores and online websites, subject to applicable product-specific requirements.
12.2 Customers must use accurate product descriptions, appropriate imagery and professional brand presentation.
12.3 Customers must not make misleading or unauthorised product claims, alter packaging, remove batch identification or misuse trademarks.
12.4 ESS may request correction or removal of online content that materially misrepresents products, infringes intellectual property or breaches reasonable brand-presentation requirements.
12.5 Customers remain free to determine their own retail prices and promotions.
12.6 Brand names, trademarks, images and other intellectual property remain the property of their respective owners or licensors.
13. Professional-Use Products
13.1 Certain technical, colour or professional products may be restricted to appropriately qualified or competent businesses because of safety, training or manufacturer requirements.
13.2 Approval for a wholesale account does not automatically authorise access to every professional-only range.
13.3 Any selective distribution, exclusivity or territory arrangements must be addressed in a separate written agreement where applicable.
14. Display Equipment and Promotional Materials
14.1 Where ESS expressly provides identified stands, display units or equipment on loan under a separate written agreement, those items remain the property of ESS or their identified owner.
14.2 Customers must care for and return loaned equipment in accordance with the agreed arrangements.
14.3 Promotional materials or equipment purchased outright by customers are not automatically considered ESS property.
15. Account Suspension and Termination
15.1 ESS may suspend supply for overdue accounts, serious or repeated breaches, product safety concerns or other lawful and reasonable commercial grounds.
15.2 Accounts with no purchases for 12 months may be deactivated.
15.3 Reactivation is subject to ESS approval and the trading terms, pricing and credit arrangements current at that time.
15.4 ESS may terminate trading for serious breaches, non-payment or applicable insolvency-related events, or otherwise on one month's written notice.
15.5 Termination does not remove outstanding payment obligations or other accrued rights.
16. Liability and General Conditions
16.1 Nothing in these Terms excludes, restricts or modifies non-excludable rights under the Australian Consumer Law or other applicable legislation.
16.2 To the extent permitted by law, ESS excludes liability for indirect or consequential business losses that are not otherwise legally recoverable.
16.3 ESS is not responsible for delays caused by events outside its reasonable control to the extent permitted by law and will use reasonable efforts to notify affected customers.
16.4 Customers must keep non-public wholesale pricing, discounts and commercially sensitive ESS information confidential, except where disclosure is legally required or reasonably necessary.
16.5 These Terms are governed by the laws of Queensland, Australia, subject to mandatory applicable law.
16.6 If any provision is found unenforceable, the remaining provisions continue to operate to the extent legally possible.
16.7 Failure by ESS to enforce a provision on one occasion does not constitute a general waiver.
17. Changes to These Terms
17.1 ESS reserves the right to amend its Terms and Conditions of Trade prospectively.
17.2 Customers will receive appropriate advance notice of material changes through email or another agreed business communication channel.
17.3 Updated Terms will identify their effective date and be made available to customers.
17.4 Where express customer agreement is legally or contractually required, ESS will obtain that agreement before applying the relevant changes.
17.5 Amendments will not retrospectively alter accepted orders, existing invoice terms or accrued contractual rights unless lawfully agreed.
Contact
Eco Salon Supplies Pty Ltd
12/87 Webster Road
Stafford QLD 4053
Australia
Phone: (07) 3555 8028
Email: info@ecosalonsupplies.com.au
For delivery discrepancies, product faults, returns and general trading enquiries, please contact ESS using the email address above.
