Soulful Alchemist White Label Agreement

[Version 1.1: Last updated 5 November 2021]

Overview

We offer a white label service to allow you to have your product prepared and packaged by us, using your label and using your recipe.

We are excited to work with you however there are some important terms that attach to this service. Please carefully read this agreement and ask us any questions you may have prior to placing a white label service order.

When do you become bound by these terms?

  • These terms, together with applicable legal documents or policies posted to our website, and any other formal written agreement we have with you, form the entire agreement between us. We agree to supply our services only under these terms and we expressly exclude any verbal arrangements or customer standard terms.  
    • Please read these terms carefully, as you will become bound by them when you accept them, place an order with us or make a payment or part payment for our services (so long as we gave you a copy of these terms prior to you placing the order or making the payment).
    • This agreement may be entered into in counterparts or in whole and may be signed in person by you (a copy of the original is acceptable), signed electronically, agreed via a tick box acceptance or confirmed by email. This agreement will be binding on you even if all parties do not sign the terms.
    • You will be bound by these terms if you or your representative agree to them, with no requirement by us to ensure that the person indicating their agreement has the authority to do so.

Your obligations

  • We have an application form for you to request our white label products. We will request information including ingredients and quantities, number of units and labelling information together with your information, payment details and any other information we require. Information we collect is dealt with in accordance with our privacy policy. We may reject an application for any reason.
  • You must have a current ABN to use our white labelling services as this service is made available to businesses holding appropriate insurances only. Our white label service is not available for personal use, even if your quantities are larger than a standard customer.
  • We have minimum quantity requirements per order, and you must choose your packaging from the options we have available.
  • We reserve the right to refuse any order for any reason, including where we have concerns about the ingredients or the ingredient concentrations in your recipe. We have a limited scope of ingredients that we will include in products for clients, and you may only use our white label services for products intended for topical or aromatherapy uses.
  • You must hold product liability insurance with full coverage for any product you request us to produce using our white labelling insurance. You must provide a certificate of currency when requested.
  • While our logo or business name may appear on your product label, you remain wholly responsible for your relationship with your customers, including the management of any complaints, problems or refunds. If we are contacted by one of your customers, we will do our best to promptly forward any contact information to you and we may provide your contact details directly to the customer.
  • You agree you will promptly deal with any customer complaints or problems with your product and will comply with the Australian Consumer Laws for any refund or other requests.
  • We are in no circumstances responsible for damages, loss or harm suffered by a any person, arising from or related to the purchase or use of your product, even if it was prepared and packaged by us. You agree to indemnify us and keep us indemnified against all losses or damages in this regard.

Communicating with us

  • In general, our office hours are 8:30am – 5pm Monday to Friday AEST however we may not be always available during these hours as we may be working on orders or attending to other services.
  • Our preferred communication method is via email, which we check regularly. Other communication methods are not checked regularly and missed calls may not be returned.
  • We aim to reply to emails within 24 hours (or within the next business day hours for emails received over the weekend).

Payments

  • Once we have determined your requirements, we will supply you with an invoice for the specified product(s). Invoices are due for payment immediately and your order will not be processed or started until full payment is received.
  • Unless otherwise noted, prices are shown in $AUD and are exclusive of GST and exclusive of freight. You will be responsible for these additional costs. We are not currently registered or required to be registered for GST. If this changes, GST will be added to your invoice.
  • Prices are subject to change and there may be a price increase between orders or during a current order if you delay finalising the order for more than 30 days from our original invoice. Price increases will not affect any orders you have already paid for however will take effect and be applied from your next order.
  • Payments can be made via our e-commerce platform.

 

Order times

  • Our business is not a fully automated process and each order we receive requires preparation, processing and packing by hand. If you have sent through your order and payment by Sunday evening, we will be in touch with you over the coming week (if required) to discuss your requirements and will aim to finalise your invoice in that week. Once you have paid your invoice, please allow a further 7 days for processing. Orders received after Sunday evening will usually be allocated to the following week.
  • Large or complicated orders may take longer.
  • Our normal postage days are Wednesdays and Fridays subject to the quantity of orders we have received for that week. How long your package takes to arrive depends on our delivery partner Australia Post and is not within our control.
  • We aim to keep to the above time frames however they are estimates only and are subject to change. We will let you know as soon as possible if your order will be delayed and will keep you informed of the new timeframes. We are not responsible for the consequences of any delays or non-delivery.

 

Delivery

 

  • We send packages using Australia Post, charged per order. You can find more information about the terms of Australia Post services here: https://auspost.com.au/terms-conditions/general-terms-conditions. If you are not available to accept the delivery, Australia Post will deal with this in accordance with their own terms. You may incur additional delivery costs if you do not comply with their procedures.
  • Accurate delivery costs are generally invoiced to you at the time of placing your order however we reserve the right to charge you any additional amounts that are charged to us. This does not happen often.
  • We cannot deliver to PO Boxes, only to street addresses. If you include a PO Box in your order instructions, we will request a street address. If you are not prompt in supplying that information, your order may be carried over to the following week.
  • Where possible we use prepaid, trackable Australia Post Sachets and we will supply you with the tracking number via email when your order is sent.
  • We carefully pack all orders and use a reputable delivery partner. Accordingly, we are not responsible for lost or damaged mail once it has left our care. We will however assist you where possible.

 

Returns and refunds

 

  • IMPORTANT: You must promptly check your order when it arrives as we only allow 48 hours for you to report any problems with your order. If you have not contacted us within 48 hours of delivery, you are deemed to have accepted your order as correct and satisfactory.
  • If your order arrives damaged, is incorrect or there is some other problem, please promptly contact us and supply (within 48 hours of delivery):
    • A description of the problem
    • Photographs clearly showing what the problem is
  • We will do what we can to assist you, which may include correcting your order (if there are discrepancies) or a refund (depending on what the problem is). Be aware though, as our white label service results in a product customised for you, there are limited circumstances where a refund will be offered.
  • Unless otherwise agreed, if we are arranging a refund, you are responsible for returning the goods to us at your cost within 14 days. They must be returned in the original packaging and in good condition.
  • Refunds will be promptly processed once returned items are received and will be paid using the same method that you used to make your original payment.
  • Postage is generally not refunded.
  • Refunds will not be made for change of mind, if you decide you do not like the product or have no use for it, or if you have damaged the product(s) eg by rough handling.
  • Subject to Australian Consumer Law, all refunds, exchanges or replacements are at our discretion. As you are purchasing customised products for the purposes of resale, you acknowledge you may have limited rights under Australian Consumer Legislation.

License

  • You grant us a worldwide, non-exclusive, royalty free, irrevocable license to use your trading name/logo/other supplied information and/or images (‘Label Information’) for the purpose of preparing the labels for your ordered products.
  • You warrant that you own, or have the right to use, the intellectual property in the Label Information and have the right to direct us to use the Label Information in the manner intended. You agree to indemnify and keep us indemnified against any loss or damage we suffer or incur if there is a claim or potential claim arising from or related to the Label Information.
  • You agree that the words ‘packaged by The Soulful Alchemist’ and/or our logo will also be printed on your labels. We grant you a limited, worldwide, non-exclusive, royalty free, revokable license to use our business name and/or logo only on your products that are prepared exclusively by us and only for the purpose of indicating who the packaging entity is. Use of our logo or business name in this manner does not create any partnership or other relationship between us.  

Limitation of liability

  • The limitations of liability and other terms in our website terms of use apply to our white label service clients.
  • Additionally, as we are supplying products to you under a white label service arrangement, to the fullest extent permissible under relevant laws, we are not liable for any loss of profit, direct, indirect or consequential losses or damages suffered by you or others in relation to the products we produce or in relation to their use. Where we provide advice about labelling requirements, we do so based on our experience and our understanding of the Australian Legislative requirements in this regard. We are not however providing you with professional advice upon which you can rely. You must seek your own independent professional advice if you have any questions or concerns about your labelling.

General

  • We may vary these terms from time to time and will email you the new terms each time they are updated. The new terms will then apply from your next order.
  • If we make a mistake in the typing or otherwise on any quotation, invoice, email, delivery amounts or instructions, our price guide, our website or similar, you agree that we may correct the error.
  • No joint venture, partnership, employment or agency relationship is created between us as a result of this agreement or your use of our white label services.
  • Any time or indulgence granted by us to you will not in any way amount to a waiver by us of any of your obligations or a waiver of any of our rights or remedies under this agreement.
  • This agreement is governed by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the Courts and/or Tribunals in this region.
  • If any part(s) of these terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision(s) will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms will continue in effect