Terms & Conditions of Service - Last Revised: 1 July 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1.1 In these Terms & Conditions any reference to “we”, “our”, “ourselves” and “us” is a reference to Collagen Support (Pty) Ltd, and or CIVW (Pty) Limited, and any reference to “you”, “your” and “yourself” is a reference to the Distribution Agent, whether it is a company or individual.
“Distribution Agent” means a company or individual interested in selling on behalf of us.
“Website” refers to www.collagensupport.co.za and civw.co.za
”Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed to in writing between you and us.
”Resellers Agreement” means the contract between you and us for the sale and purchase of our Products & Services, incorporated in these Conditions.
”Order” means any order placed by you for goods or services supplied by us.
2. Applicability of Conditions
2.1 No variation to these Conditions or any other representation about the Products & Services shall have effect unless expressly agreed upon writing and signed by us.
2.2 Each Order by you for Products & Services shall be deemed to be an offer by you to purchase Products & Services subject to these Conditions.
2.3 No Order placed by you shall be deemed to be accepted by us until we agree to provide or actually provide you with the Products & Services.
3.1 The Resellers Agreement shall come into effect upon acceptance by checking the box below to “I agree to the terms & conditions”.
3.2 The term of the contract for Distribution Agents shall be indefinite or until either party terminates this agreement in accordance with these terms and conditions.
4. You Warrant That
4.1 You agree to provide true and accurate personal and/or company details including, but not limited to, contact details and product order details.
4.2 You warrant that information you provide about our company and any Distribution Agent package offered is true and accurate. If any information provided in your profile is found to be false, fraudulent, or deliberately misleading we reserve the right to remove your profile without notice or refund.
4.3 You warrant that your business is trading legally and that you have the appropriate rights and authority to register a profile.
4.4 Distribution Agents warrant that you will uphold any Resellers Agreements made and will not bring Collagen Support (Pty)Ltd , CIVW (Pty) Ltd, or any Distribution Agent into disrepute.
4.5 If it is reported that you have failed to uphold a Resellers Agreement, we may contact you to investigate such a claim and reserve the right to deactivate your profile.
4.6 You agree to pay all invoices on time in accordance with these terms and conditions and acknowledge that failure to do so may result in your profile being deactivated without notice until payment is received in full.
4.7 You agree that no request for stock on credit or consignment stock will be granted and that no product will be supplied to you without receipt of a valid “proof of payment” for any order.
4.8 You agree that a ‘grace period' of 60 (sixty) days will be afforded you to establish a base clientele of 10 customers, thereafter your sales performance in actual units sold will be subject to your projected sales quota as set out in your 'Success Path Plan'.
4.9 You agree that you will disclose and furbish all relevant contact information (including but not limited to: First and Last Name, telephone or cellular number, and Email address) of every customer you sell our products to. This information is protected and allows us to supply the customer in any situation where the agent (you) are not able to, for whatever reason.
4.10 You further agree that as long as you are an active Distribution Agent that it is mandatory for all agents to support and participate in being active contributors on all of our Social Media platforms.
4.11 Hereby you will regularly engage and interact with our Social Media groups and share content.
4.12 You will ensure that all customers that you sell to will be required to join our 'Collagen Customer Facebook Group', as your part in assisting us in our ongoing digital marketing drive.
4.13 As an Agent you agree to register and join our private 'Collagen Agents Facebook Group'.
4.14 You warrant that whilst selling our products you will not sell any other collagen related products such as food or supplements.
5. We Warrant That
5.1 We will take reasonable provisions to ensure that the website remains up and operable.
5.3 We will market and promote the Collagen Support & Collagen for Women brands and products as much as possible to drive as much traffic and as many potential customers as possible to the website and yourself.
5.4 We will take reasonable measures to check and monitor profiles for validity and warrant that any profile found to be false or fraudulent will be removed as quickly as possible.
5.5 We will investigate and vet all suppliers of products or services sold by us on our website as best as we reasonably can.
5.6 Any product or service sold by us on our website shall be checked for quality, suitability, and reliability before being offered on the website.
5.7 We will provide adequate product and sales training where we deem required.
5.8 We will provide all necessary support to the you and to the end-user/customer where appropriate in protecting the integrity and reputation of you and us.
6. Intellectual Property Rights
6.1 You acknowledge that we are the owner of this website and own or license all its content.
6.2 You acknowledge that the website and its content is protected by international copyright and intellectual property laws.
6.3 You agree not to replicate, reproduce, distribute, sell or use the content of this site for any other commercial purpose outside the parameters of these terms and conditions unless expressly agreed by us in writing.
7.1 Whilst we endeavour to ensure that the content of this site is genuine and accurate, we shall not be liable for any inaccuracies or misrepresentations, whether made by us or a third party.
7.2 We shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning.
7.3 We will endeavour to assist you in maximizing the performance of any advertising. However we will not be liable in any way if advertising fails to perform as expected.
7.4 We shall not be liable for the performance or lack thereof for any advertising through us.
7.5 We shall not be liable in the highly unlikely event that data we hold becomes corrupt, lost or stolen.
7.6 We shall not be liable for any failure to deliver on time any goods or services supplied by a third party.
7.7 9.1 In the event of our being delayed in, or prevented from, performing our obligations under the Resellers Agreement due to circumstances beyond our reasonable control, we shall not be liable for any loss, damage or expenses incurred by you.
8.1 You may at any time during the term of this contract cancel your profile at no extra cost provided that you have given us one calendar month written notice by sending us a written request by email.
8.2 Should you choose to cancel your profile for any reason no refund shall be payable.
8.3 We reserve the right to deactivate your profile or advertising without notice in the event that you breach any of the particulars that form these terms and conditions.
8.4 If you wish to continue using your Distribution Agent profile without disruption it is your responsibility to ensure that you renew your service at or before the end of the term. (We will however send reminders)
8.5 All advertising relating to 'Special Offers' including but not limited to banners, newsletters and emails will be for the quantity or term specified on the order and shall cease once complete.
9.1 The Resellers Agreement represents the entire agreement between you and us and supersedes all earlier warranties, representations, statements or agreements (whether oral or in writing) and may only be varied or amended in writing between you and us.
9.2 You may not assign the Resellers Agreement or any part of it without our prior written consent. We shall be entitled to assign the Resellers Agreement or any part of it and/or sub-contract the performance of any of our obligations under the Resellers Agreement to any person, firm or company.
9.3 Nothing in these Conditions confers on any third party, any benefit or any right to enforce any of these Conditions.
9.4 Failure or delay by us in enforcing or partially enforcing any provision of the Resellers Agreement will not be construed as a waiver of any of our rights under the Resellers Agreement and will not be deemed a waiver of any subsequent breach or default by you.
9.5 In executing these Terms & Conditions I understand that I am agreeing to be invoiced the cost of the service and am also agreeing to be bound by the above Terms and Conditions.