Terms and Conditions

Terms and Conditions – Please read before ordering - by placing an order you are agreeing to the terms of this agreement.

This Agreement explains the terms and conditions governing the ordering of the products made available to you by RJ Mineral Cosmetics International, hereinafter called "RJMCI" or "We". It represents the whole agreement and understanding between RJMCI and the individual, business, corporation or organization who purchases the products hereinafter called "Customer" or "Customers" or "You" or "you". This document is referred to as the "Agreement".

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your opening order and by your subsequent ordering, you agree to comply with all of the terms and conditions set out in this Agreement. RJMCI may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that RJMCI believes is harmful to the business of RJMCI or the use of the products by others or is harmful to any other party.

RJMCI reserves the right to modify this Agreement at any time, effective upon printing of the modified Agreement on the reverse side of invoices. You are responsible to read this document from time to time to ensure you’re ordering of the products remains in compliance with this Agreement. Subject to the terms and conditions of this Agreement, the Customer agrees to purchase and RJMCI agrees to sell the Products identified on the order form and accepted by RJ Mineral Cosmetics.

Notwithstanding, RJMCI retains title to the formulation of the Products and all copyrights, trade secret rights, and other intellectual property rights.

1.         The customer hereby agrees with RJMCI that:-

1.1      The customer must place all orders to RJMCI by one of the following options: fax to 0882404137 or by placing an order with one of RJMCI Sales Representatives or via email to orders@rjmineralcosmetics.com.au or Rochelle.sutton@rjmineralcosmetics.com.au

1.1.1   The customer acknowledges that RJMCI is a wholesale manufacturer and as such has minimum order requirements including a minimum total product invoice amount of $250 AUD not including GST or shipping charges or sample product for each order placed by the customer, a unit per shade minimum of 5 units in stock packaging, a 10 units per shade minimum in customer logo Pad Stamped packaging and a 25 unit per shade minimum in customer provided packaging. Samples are excluded from these minimum requirements but may incur a surcharge charged at the discretion of RJMCI.

1.2      Orders placed with RJMCI before 12pm EST will be processed and passed to dispatch upon customer approval and payment and are then subject to the applicable turnaround times outlined below; orders placed after 12pm EST will automatically be held over until the next business day before being processed and passed to dispatch upon customer approval and payment and are then subject to the applicable turnaround times outlined below.

1.3      Invoices will be sent from RJMCI to the customer via email with order totals due; including any applicable addition of GST and an estimation of freight charges (final freight charges may differ from those quoted on invoices and any additions will be payable by the customer).

1.4      The cost of the Products purchased by the customer hereunder shall be paid by the customer to RJMCI upon an order being officially placed with RJ Mineral Cosmetics; unpaid orders will not be forwarded to production or dispatch; any orders paid via direct deposit will not be passed onto dispatch until payment has cleared in the RJMCI business account, any orders paid for by credit card will incur an extra charge of 1% for MasterCard and Visa payments and an extra 3% for Diners, JBC or American Express payments.

1.5      The price is exclusive of the cost of the freighting of the Products to the customer and that at the time of the placement of the order for the Products the customer shall pay in addition to the product price and estimation of freight charges, to the price the cost of the delivery of the Products to the customer at the address specified by the customer in the order; any additional charges of freight over and above the estimation on the invoice shall be paid in full by the customer upon notification of the additional charges. Australian orders will be sent via Australian Air Express, Toll, or Fastway courier services including all deliveries to PO boxes and GPO boxes (extra fees apply for delivery to PO or GPO boxes), customers can request a delivery track by contacting RJMCI via email to orders@rjmineralcosmetics.com.au. International orders must be collected from RJMCI dispatch by the customers’ courier. Any product shipping insurance requirements must be arranged by and covered in full by the customer. Please note that re-delivery fees charged to RJMCI by courier companies will be forwarded to and are payable by the customer in all instances.

1.6      The price is exclusive of GST (with the exception of international customers who are exempt) and that at the time of the placement of the order for the Products the customer shall pay in addition to the price the cost of GST of the Products to RJMCI.

1.7      RJMCI may at any time during the term of the Agreement increase either the freight cost or the price hereunder and the customer hereby further acknowledges and agrees that the price and freight cost shall be varied and increased in accordance with this clause and be payable for any order placed.

1.7      The customer acknowledges the products ordered are classified as ‘all-natural’ and use minimum preservatives; and as such all products shall be stored at 25 degrees or less at all times; RJMCI shall not be liable to the customer for any deterioration of any Products not correctly stored whatsoever and howsoever arising; including arising from the shipment of the goods from RJMCI to the customer.

1.8      The customer acknowledges the products ordered are classified as ‘all-natural’ and are produced in small batches; as such there may be variances in the product from order to order, the customer acknowledges that these changes are out of the control of RJ Mineral Cosmetics International.

1.9      The customer acknowledges that any products ordered for Pad Printing are ordered through RJMCI and then sent onto an external independent supplier, the customer acknowledges that once approval has been received by the customer to go ahead with the full order of Pad Printing after sighting an electronic sample that these products are out of the control of RJMCI and the order is considered completed and final.

2.         RJMCI hereby agrees with the customer that:-

2.1      All orders placed for the Products shall be delivered by RJMCI chosen courier unless otherwise arranged by the customer, to the customer at the address notified by the customer to RJMCI at the time of placement of the order within three to four business days from the placement and payment of the order if the order is less than $1000AUD; or within seven to ten business days from the placement and payment of the order if the order is over $1000AUD but under $5000AUD; for all orders over $5000AUD but under $10,000AUD please allow ten to twenty business days, for all orders over $10,000AUD but under $20,000AUD please allow three to four weeks for delivery, for all order over $20,000AUD contact RJMCI for an estimated delivery schedule; all Pad Printing orders are delivered at the discretion of the outsourced company and may take between four to eight weeks; PROVIDED HOWEVER that RJMCI shall not be liable to the customer for any delay in the delivery of the Products on any account whatsoever and howsoever arising;

2.2      Immediately upon the Buyer's receipt of any product(s), the Customer shall inspect the same and shall notify RJMCI in writing within seven (7) days of any claims for shortages, defects or damages and shall hold the goods for RJMCI written instructions concerning disposition; RJMCI shall at the sole discretion of RJMCI either provide a credit to the customer in respect of any Products that are damaged/faulty and returned pursuant to the provisions of this clause or provide replacement Products to the value of the Products that were damaged and returned to RJMCI hereunder; If the Customer shall fail to so notify RJMCI within seven days after the goods have been received by the Customer, such goods shall be deemed to have been irrevocably accepted by the Customer.

2.3      Any orders placed, approved and paid for by the customer shall be considered final. If the customer amends the order in anyway whatsoever after their approval and payment for the order, including the ordering of incorrect items which the customer has approved and wishes to return, a restocking fee of 15% of the total costs of the products involved in the amendment plus GST shall be charged to the customer.

3.         The customer hereby agrees with RJMCI that the customer shall and does hereby free release and discharge to the extent permitted by law RJMCI from and against all claims actions suits or demands arising out of the supply by RJMCI to the customer of the Products hereunder and the customer hereby further agrees with RJMCI that the customer shall to the extent permitted by law indemnify and keep indemnified RJMCI from and against all claims actions suits or demands made against RJMCI in respect of the Products or any breach by the customer of the provisions of the within Agreement or on any other account whatsoever which claim action suit or demand may be made by any person or corporation and in respect of personal injury or damage to property.

4.         The parties hereto hereby mutually agree that if because of any fact circumstance matter or thing under the control of RJMCI that RJMCI is unable to perform in whole or in part or is delayed in performing any obligation under this Agreement that RJMCI will be relieved of that obligation to the extent and for the period that it is so unable to perform and will not be liable to the other party in respect of such inability.

5.         The parties hereto hereby mutually acknowledge and agree that the terms of this Agreement and the information relating to the Products (confidential information) are to be treated as confidential information and neither party, without the prior expressed consent of the other party, may do any of the following:-

5.1      Provide a copy of the whole or any part of the confidential information to any person other than their professional advisers;

5.2      Allow any person other than their professional advisers to access read or view the confidential information;

5.3      Make any statement to any person other than their professional advisers regarding the contents or effects of the confidential information;

5.4      Do any act or thing which could reasonably be expected to enable any person other than a party or that party's adviser to obtain or become aware of the effect of any part of the confidential information; unless and only to the extent that the parties are required to disclose the confidential information by law or the confidential information is already in the public domain or available to the public other than by contravention of this clause.

6.         All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of South Australia.