Your company is approved as a non-exclusive retailer of FullerSkin brand products (“Products”) manufactured and sold by FullerSkin Ltd, a UK registered skincare company. As a FullerSkin retailer in Hong Kong, your company may buy products from FullerSkin HK Limited (“Distributor”). Your company and your company’s agents (collectively the “Retailer”), acknowledge and agree to be bound by the following policies (the “Policies”) to remain an authorised retailer of the Products.
- Retailer is an approved FullerSkin retailer with an established wholesale account (an “Account”). Retailer must maintain a valid Hong Kong SAR Business Registration and must maintain a reputable retail outlet with an established physical (brick and mortar) location or an established, independent website selling eco-friendly, gift, skin care, or baby products.
- Account applications may be subject to a wait list pending increases in production capacity or due to market saturation in a particular geographic area. In considering new Accounts, physical store locations will take precedence over online stores.
- Retailer is granted a limited license to use FullerSkin logos, images, product description for use solely in connection with sale of Products. All intellectual property and registered trademarks are property of FullerSkin Ltd.
- The Policies are governed according to the laws of Hong Kong SAR.
- Retailer’s Account is not transferable to any third party by Retailer.
- Retailer must abide by the Policies at all times to maintain an Account.
- FullerSkin may disclose to Retailer and its employees proprietary ideas, designs, formulations, intellectual property or other confidential information. Retailer will maintain and protect the confidential information and will not use the confidential information in a way to adversely affect FullerSkin’s interests.
- A minimum opening order of HK$1000 is required.
- Opening orders are prepaid by credit card or bank transfer. Net 30 terms will be extended only in limited cases pending completion of an application and provision of Trade References.
RETAIL SALE OF THE PRODUCTS
- All products and product labels must remain unaltered and intact.
- FullerSkin agrees to provide quality product. Products have a shelf life of 12-36 months depending on product and must be kept out of direct sunlight and/or in cool temperatures as indicated on individual product labels. Lot numbers are stamped on the bottom of each product with limited shelf life.
- All names and logos for Products are registered trademarks and/or intellectual property owned exclusively by FullerSkin Ltd. Retailer is not permitted to use the names, logos or other intellectual property or trade names of FullerSkin in Retailers’ company name or URL name.
- Retailer may advertise the names and logos, as applicable, only in association with the sale of Products.
- All advertising must be in the form provided to Retailer by Distributor or as approved by FullerSkin in advance in writing. All advertising and products must be presented professionally, with current product information, photographs and logos displayed to maintain and enhance the integrity and quality of the products.
- Distributor reserves the right to adjust the wholesale price of any products ordered by the Retailer. All sales will be subject to the Distributor’s terms and conditions.
- Retailer is free to sell Products at a retail price they deem to be appropriate. Distributor may suggest or establish, to the extent permitted by applicable law, the price and terms and conditions of sale for Products sold by Retailer.
- Products are intended for resale at the retail level only to end users.
- Discounted prices of Products are permitted up to 25% off suggested retail price for short term promotion of ten calendar days or less, and no more than 30 days within one calendar year. Discounted pricing above 25% or longer than 30 days, must be approved by FullerSkin in advance in writing.
- Clearance pricing of 40% or more will result in the assumption that Retailer is closing or discontinuing the line in their store and cancellation of the wholesale account.
- No auction or third-party sales of Products are permitted. This includes but is not limited to Facebook, Amazon, eBay, Etsy, HKTVmall, Taobao.
- Co-ops are not authorised.
- Distributor reserves the right to cancel Retailer’s Account for any reason.
- Broken, defective or out-of-date product will be handled on a case by case basis. Concerns and questions may be addressed to FullerSkin HK limited.
- This agreement is the entire agreement between Distributor and Retailer and its agents and employees and supersedes all prior written or oral understandings or agreements between them.
- This agreement will be amended from time to time. Last updated 11th November, 2020.
Questions about the Wholesale Agreement should be sent to us at email@example.com
In case of discrepancy between translations, the English version shall prevail.