These Terms and Conditions contain the entire agreement between you (“Vendor Partner”) and Skinsimply (“Skinsimply”) and its managed brands (ilike Organics); with respect to your purchase of any goods through Skinsimply’s ecommerce sites. This Agreement supersedes any prior written or oral agreements between the parties. In the event of a conflict between these Terms and Conditions and the Skinsimply ecommerce sites, these Terms and Conditions shall control.
Order & Order Acceptance
Each order placed under this Agreement is subject to Skinsimply’s acceptance. Orders may be placed via a Skinsimply ecommerce site. If accepted, Skinsimply will process the order and make delivery of the purchased products.
Only authorized Vendor Partners may use Skinsimply products and sell them at retail. Skinsimply reserves the right to select Vendor Partners for distribution of its products. To open an account, proof of business and professional status, accepted Terms & Conditions, and completion of our Vendor Agreement form are required.
Marketing materials are available to support retail sales. Each retail product order earns 5% marketing credit. Marketing tools are available for purchase or with marketing credit.
Placing a Product Order
All orders can be placed through our online vendor wholesale platform, 24/7. Orders are processed within 72 hours of receipt Monday to Friday and take into account seasonal shipping considerations during the summer months. Customer service and support is available 9:30 to 5:00 EST Monday to Friday: Rosanna (416) 662-6864
Payments may be made with PAYPAL | VISA | MASTERCARD | AMERICAN EXPRESS.
Customer Acceptance of Delivered Order
Complaints about a delivered order such as damage, missing or incorrect products, incorrect invoicing, etc need to be sent to Skinsimply within 1 week of receipt of shipment.
In the event products are damaged during shipping, please keep the damaged products in the original shipping container and immediately notify Skinsimply and the courier. The couriers will require a damage inspection and a claim for reimbursement. Skinsimply will promptly ship replacements for the damaged products.
If a Vendor Partner wishes to return product(s) for any reason, the Vendor Partner needs to notify Skinsimply in writing via email or regular mail of the reason for return and including the batch number of the product. Returns must be made within 30 days of receipt of order and be accompanied by a copy of the invoice and explanation for the return. Returned products must be unopened in order to receive credit if return not related to product defect. Once approved, a credit will be issued to the Vendor Partner’s Skinsimply account. Returns not due to product defect are subject to a 25% restocking fee. No refunds on products returned due to Vendor Partner or Consumer dissatisfaction or over 30 days after receipt.
Refusal of Shipment
If any shipment is undeliverable or refused, a 25% restocking fee plus shipping costs will be charged to the Vendor Partner’s account. New shipping charges will be incurred to re-send the shipment. Until these additional charges are paid, subsequent orders will not be processed.
Trade Show Purchases
Purchases made at trade shows do not qualify for authorized account status. Skinsimply reserves the right to open accounts with Vendor Partners who make purchases at trade shows and meet account opening conditions. Trade show sales are final, no returns or exchanges are available on products purchased at trade shows.
Use of Skinsimply Brands
Only authorized Vendor Partners are to use and/or sell Skinsimply brands and retail versions of the products are the only items permitted to be sold to consumers through authorized locations. Professional products and samples are NOT to be resold. All products and promotional materials are to be used solely by the Vendor Partner of record. Materials and products are not to be resold or transferred to another location or party without the express written consent of Skinsimply. Production or reproduction of Skinsimply materials including but not limited to: name, logo, product, packaging, image, concept or promotional materials are prohibited unless authorized in writing by Skinsimply.
Required Special Product Handling Conditions for ilike Organic Skin Care
We require the following handling of ilike Organic Skin Care products:
Store in a climate controlled environment (15 – 20 degrees Celsius / 59 – 68 degrees Fahrenheit) away from direct sunlight and exposure to dampness | Containers must be tightly closed at all times when not in use | Products must be handled with hygienic care including the use of spatulas | Do not freeze the products
In order to maintain product freshness, Skinsimply employs strict inventory management controls. While it is always our objective to have sufficient quantities of products, products may be unavailable. We do not accept back orders. Products can be requested with your next order or a standalone order for those items once back in stock.
While it is company policy to inform Vendor Partners prior to making a price change, prices are subject to change without notice. Special discounts and/or promotional offers on retail products provided by Skinsimply should be passed on to the retail customer or handled as otherwise suggested.
Orders are shipped by Purolator or in some exceptional cases via FedEx, UPS and Canada Post. Skinsimply reserves the right to require expedient delivery during periods of extreme temperatures. Standard delivery is one (1) to six (7) business days upon order processing. Shipping & handling charges are determined at the time of shipping and will be added to the charges/invoice. The minimum shipping & handling charge is $15.
Sales taxes will be added as applicable to each order and shall be paid by the purchaser.
Warranty & Warranty Disclaimer
Skinsimply warrants that its products shall be fresh and free from defects in materials and workmanship until the expiration date printed on the primary container (such warranty covering the cost of the product but not shipping unless the subject defect occurs within thirty (30) days of the shipment of the product to the vendor). This is a “Best By Date” and the product does not immediately expire. WITH THE SOLE EXCEPTION OF THE WARRANTY STATED IMMEDIATELY ABOVE IN THIS SECTION, ANY GOODS PROVIDED TO YOU BY SKINSIMPLY ARE PROVIDED “AS IS” BY SKINSIMPLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR (II) OF INFORMATIONAL CONTENT OR ACCURACY.
Limitation of Remedies
Vendor Partner agrees that the aggregate liability of Skinsimply and its stockholders, members, partners, directors, managers, officers, employees, and agents (each, a “Skinsimply Indemnified Party” and collectively, the ” Skinsimply Indemnified Parties”) to Vendor Partner or to Vendor Partner’s stockholders, members, partners, managers, directors, officers, employees, agents, or Vendor Partners for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to this Agreement and/or any goods provided by Skinsimply shall be limited to (i.e., may not be more than, but can be less than) the purchase price paid by Vendor Partner to Skinsimply pursuant to this Agreement. In no event shall any of the Skinsimply Indemnified Parties be liable to Vendor Partner or to Vendor Partner’s stockholders, members, partners, managers, directors, officers, employees, agents or Vendor Partners for consequential, exemplary, special, direct, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs even if any or all of the Skinsimply Indemnified Parties were notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence) and notwithstanding the failure of the essential purpose of any limited remedy. In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, the liability of each Skinsimply Indemnified Party is limited to the greatest extent permitted by law. The parties acknowledge that the purchase price for goods was determined based upon this limitation of liability. THE REMEDIES PROVIDED FOR IN THIS AGREEMENT ARE VENDOR PARTNER’S SOLE AND EXCLUSIVE REMEDIES.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Right
The failure of Skinsimply to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Skinsimply’s right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Applicable Law; Forum
All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the laws of the Province of Ontario. Any suit, action or proceeding against a party to this Agreement brought by another party with regard to this Agreement or the rights and obligations of the parties under this Agreement shall be brought in Province of Ontario. The parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, Vendor Partner irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon Vendor Partner and may be enforced in any court in which Vendor Partner is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury
EACH PARTY TO THIS AGREEMENT HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT AND THE RELATIONS BETWEEN THE PARTIES HEREUNDER.
Parties in Interest
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns permitted by this section. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by Vendor Partner (by operation of law or otherwise) without the prior written consent of Skinsimply. Skinsimply may assign, delegate or otherwise convey its rights and obligations under this Agreement to any other party.
Vendor Partner agrees to indemnify and hold harmless each Skinsimply Indemnified Party from and against (and will pay upon demand each Skinsimply Indemnified Party the amount of) any and all losses, liabilities, claims, costs (including costs of investigation and defense), damages and expenses (including attorneys’ fees) which any Skinsimply Indemnified Party may sustain resulting from, arising out of, relating to or caused by (a) any breach by Vendor Partner of any covenant or other agreement of Vendor Partner contained in this Agreement; (b) any breach of any representation or warranty made by Vendor Partner in this Agreement; and/or (c) any third-party claim brought against Skinsimply as a result of Vendor Partner’s actions. In connection with any action or proceeding that may give rise to an obligation of Vendor Partner to indemnify a Skinsimply Indemnified Party, the Skinsimply Indemnified Party shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and the Vendor Partner shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to any Skinsimply Indemnified Party.
In the event Skinsimply shall be delayed or hindered in, or prevented from, the performance of any act required of it by reason of failure of power, telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God or any circumstance or cause beyond the control of such party in the reasonable conduct of its business (each such cause or event being hereinafter referred to as a “Force Majeure”), then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.
Skinsimply Opportunity to Cure
Prior to taking any action against Skinsimply as a result of a breach by such party of its obligations under this Agreement, Vendor Partner shall provide Skinsimply with written notice of the breach and Skinsimply shall have thirty days to cure such breach.
The provisions of this Agreement that by their nature are reasonably intended to survive the Agreement’s termination and shall survive the termination of this Agreement. In addition, any of Vendor Partner’s obligations under any provision of this Agreement which have accrued but have not been fully satisfied, performed or complied with prior to the termination of this Agreement shall survive the termination of this Agreement to the extent necessary for the full and complete performance of such provisions.
All notices, requests, consents, demands or other communications given under this Agreement shall be in writing and shall be deemed duly given and received (a) upon personal delivery to the party to whom it is directed; (b) seven days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges pre-paid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; (d) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom its is directed; or (e) upon actual delivery if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All notices, requests, consents, demands and other communications (i) to Vendor Partner shall be addressed at the addresses set forth in the Vendor Registration and (ii) to Skinsimply, shall be addressed to email@example.com or the address set forth in the “contact us” section of www.skinsimply.com
Educational and Professional Credentials
Skinsimply reserves the right to assess the educational and professional credentials of Vendor Partners on an on-going basis. If the credentials are determined to not meet Skinsimply standards, we reserve the right to close the account.
By placing an order and for all subsequent orders, you agree to accept all terms and conditions outlined in this document.
Right to Modify these Terms & Conditions
Skinsimply reserves the right to modify these Terms & Conditions at any time. By accepting this agreement Vendor Partner agrees to all of its future modifications.