Welcome, and thank you for registering.

With your registration, you the retailer are deemed to have read and agreed to the following terms and conditions. These terms and conditions apply to all wholesale orders.

Australian Wholesale Orders

• We are accepting wholesale applications for retail and online stores within Australia.

• We do not offer a drop ship service.

Application to wholesale:

To further ensure we are only selling to true retailers and online businesses; we ask all potential retailers to complete our wholesale application form. We will carefully review your application, and those businesses approved will receive a confirmation email within 5 business working days. We reserve the right to deny and approve those businesses we believe will fit in with The Seed Cycle branding, and also discontinue wholesaling to any businesses who are found to not adhere to any of the listed terms and conditions.

• Shipping costs depend on your location and the weight of the packages. Shipping will be charged on checkout.

• We use Shippit for our shipping services and Shippit will allocate the most cost-effective shipping courier to your destination.

• If stock is damaged in transit this is the responsibility of the shipping company. The Seed Cycle takes no responsibility for shipping once it has left our premises. We encourage you to add additional insurance and tracking to cover such risks. If you, the retailer engage your own courier service to ship the product then it is your responsibility to seek compensation for any damaged goods.

Return of obviously defective goods

You may return any defective item if you notify us within 7 days of the receipt of the goods and we agree that they:

o are not of acceptable quality (as defined in the Australian Consumer Law); or

o do not conform to an agreed specification.

• You must notify us in writing at hello@theseedcycle.com.au to make a claim. When notifying us you will be required to provide an original receipt of purchase including the invoice number and send photos of the damage or fault. We will conduct an assessment to confirm if the goods are defective.

• We will cover the charges for returning the goods if we accept that they are defective.

• We do not accept returns for simply changing you mind or deciding not to stock our range.

Payment

• When purchasing stock, payment must be made upfront via our online wholesale payment system

• Once payment has been received, we will distribute the stock to you. Please allow 1-5 working days once payment has been received for us to process your wholesale order.

• If you require the stock immediately, please email us at hello@theseedcycle.com.au and we will endeavour to accommodate a quicker turn around.

• Terms are strictly no returns or exchange on items ordered due to “change of mind”.

• You acknowledge that once you place an order with us you are agreeing to our terms and conditions, and we may order goods especially tailored for you and therefore may not permit you to vary or cancel the order unless you compensate us for any losses we incur or we otherwise consent to.

• We may cancel your order at any time prior to shipment. If we do so, we will notify you in writing about the same and we will give you a full refund of any monies that you have paid for the unfulfilled order.

Price

• The quoted prices for the goods do not include delivery fees for the goods, and you therefore may either:

o Agree to pay the fees for the delivery of the goods as calculated by us at the time of shipment; or

o Arrange for delivery at your own expense either via an alternative courier or by picking up the goods.

Product Display

If you are a stockist of The Seed Cycle product range please do not remove any items from their packaging as it is all clearly labelled with warnings and cautions that are a requirement to protect the safety and well-being of the end user.

Refund and Returns Policy

• We do not provide refunds or exchange for change of mind, so please choose carefully. • We do not provide refunds if you are unable to sell the product and no credits will be permitted.

• If the goods are faulty or not true to design, then we will then apply a credit or refund for agreed products.

• If you believe there is a manufactures defect with any item, please email hello@theseedcycle.com.au to discuss this further.

• We don’t accept return of faulty items that have been opened or used in any way.

• The return of any stock/faulty goods shall not be accepted without the prior consent of The Seed Cycle and must be reported/returned within 7 days of receipt. Photos of Products

• The Seed Cycle can provide photos on request to promote The Seed Cycle brand and its products for use on approved stockists websites and/or any social media. Please note that these images remain the sole property of The Seed Cycle and we have final say on the usage of images.

• You may use any of the images from our website.

• At The Seed Cycle we encourage stockists to use not only our images but also their own creative images of The Seed Cycle products in any market campaigns however ask that we are advised of this intent first to ensure we are satisfied with the proposed use and images.

Recommended Retail Price

You will find our recommended retail price on all of our products on our website. This is a guide, you are welcome to set your own retail price and mark-up however we strongly advise that all items are sold at a reasonable retail markup.

Intellectual Property Rights and Brand Protection

• You acknowledge that no rights to any intellectual property in the products/goods are transferred to you.

• All of our images are strictly protected by copyright and cannot be used in any form without our express written consent.

• We find that when our goods are displayed together in matching collections, sales of the goods are maximised. Therefore, you agree to ensure that when displaying the goods you will:

o Use reasonable endeavours to display all of our goods together.

o If we have provided you with instructions as to how the goods should be displayed, you will display the goods in accordance with our instructions.

o You will use reasonable efforts to ensure that the goods are displayed in a manner which reflects our aesthetic values as communicated to you from time to time

o You will use all reasonable efforts to not display the goods in a manner which will dilute the value of our brand and reputation.

Online Selling

• You are not allowed to sell our products through 3rd party websites including but not limited to eBay, Amazon, Gumtree, Etsy etc.

• You must stock any products that you list on your online store and cannot list products unless you are actually selling them. for example, you cannot list our products if you don't have them in stock to make it look like you have our full range.

Termination of Agreement

• We may terminate this agreement with you and refuse to sell your store any more goods if you:

o become verbally or physically abusive to any of our staff (including by way of emails);

o object to our online store or our use of sales at any time;

o cannot pay your outstanding invoices/bill owed to us;

o Use our trademarks or branding in a derogatory manner or in a way that would not be beneficial to us; or o otherwise breach any other terms and conditions.

• On termination of this agreement, you must immediately pay any outstanding invoices for all stock that you hold.

Exclusivity

You acknowledge that we stock a range of stockists and are not entering into this agreement with you on an exclusive basis. While we will make efforts to ensure that we do not sell to other stores within close proximity to you, we cannot guarantee that we will not stock any of your competitors.

Our warranties

We warrant that the goods we deliver will:

• match the description in the invoice and any agreed specification;

• be free of third party claims or undisclosed securities; and

• be of acceptable quality as defined in the Australian Consumer Law.

Misconduct

We have the right to refuse a stockist or cancel a stockist order if a stockist is misleading in any way.

We may do this at any time if our brand is being represented in the wrong way. The Seed Cycle have the sole discretion is making this determination

Sale Items

We reserve the right to hold sales on any products in our online store and also sample and second sales at any time.

Fraud

Fraudulent activities are highly monitored on our site and if fraud is detected we shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

By Law

Our agreement and these terms and conditions will be construed and governed according to the laws of the Australian Capital Territory (ACT).

Feedback

We love feedback, it helps us grow and improve our products so we can give stockists and customers exactly what they want.

Let us know what’s selling or not selling and what customers are saying about The Seed Cycle product range.

Feedback good or bad…helps us stay ahead of the market.

 

THE SEED CYCLE PTY LTD JANUARY 2022