Term and Conditions

CONDITIONS OF SALE

JSHEALTH VITAMINS PTY LTD (“the Company”) sells the Goods to the Customer for the Purchase Price on the following terms and conditions (save the extent expressly otherwise agreed to in writing).

  1. PAYMENT

ALL orders must be paid for upfront by: Visa or Direct Deposit unless notified otherwise.

  1. ALTERATION IN RULING PRICES
    The prices stated on the B2B site are those ruling at the date hereof and the Company reserves the right to invoice at the price ruling at the date of delivery.

  2. RESERVATION OF OWNERSHIP
    Ownership of the Goods shall not pass to the Customer before all amounts payable by the Customer hereunder have been paid.

  3. RISK
    The risk in the Goods shall pass to the Purchaser as soon as the Goods have left the Company premises.

  4. DELIVERY

(a)  Unless the parties otherwise agree, the Customer shall take delivery of the Goods at the Company premises and shall return it to such premises in the event of termination of the contract.

(i)  The Customer shall pay the Transport Charges.

(ii)  The Customer shall be responsible for receiving and unloading the Goods and checking it in the presence of the deliverer and in the event of shortage or damage the delivery note must be endorsed accordingly. In addition separate written notification to be delivered by hand or by prepaid registered post must be given to the Company within three days of delivery. Claims cannot be recognised unless this action has been taken and the Company’ liability in this respect is limited accordingly; and

(iii)  If the Customer is not present at the agreed place of delivery, delivery may nonetheless be affected by offloading the Goods there and the above provisions regarding separate written notification of shortages or damage, and recognition of claims, shall apply.

(b)  The Company may deliver the Goods in more than one consignment.

  1. INDULGENCES DO NOT CONSTITUTE WAIVER OF RIGHTS
    Any indulgence that may be shown by the Company to the Customer shall not constitute a waiver of any of the Company’ rights.
  2. CLAIMS
    (a) In the event of the Goods being defective or unsuitable in breach of 5(a) above, or, if applicable 5(b) above the

Company shall, at its option:

  • Repair or replace; or
  • Refund a proportionate share of the Purchase Price, in respect of defective or unsuitable portion of the Goods against return of such portion, provided that written notice specifying the defects of unsuitability is given to it within one month of delivery of the Goods (or within three days if 5(b) above is applicable, i.e. Goods found on delivery to be damaged) on the Customer shall not be entitled to any other relief from the Company.
  • The proportionate share in 7(a)(ii) shall be in the discretion of the Company.

 

  1. DANGER TO THIRD PARTIES
    If at any time a defect that could give rise to a claim against the Company by a third party should become visible in the Goods, the Customer shall take immediate steps to eliminate this danger on an interim basis and shall forthwith notify the Company by registered post or by letter delivered by hand of the danger.
  2. VERBAL AGREEMENTS
    This Contract shall constitute each and all of the conditions of sale. The Company reserves the right to decline to recognise any verbal arrangements not recorded in writing and signed by the parties, whether such arrangements are made before, at or after the time this contract is entered into and whether they would have the effect of adding to or amending or cancelling this contract.
  1. WARRANTIES AND REPRESENTATIONS
  • The Company warrants and represents that the Goods is:
    • Free of defects, excluding latent defects, and
    • Suitable for the purposes for which it is normally used.

(b) In the absence of written agreement to the contrary including an express negation of this clause, the Company does not warrant or represent:

  • The suitability of the Goods for any special purpose for which the Customer may require it; or
  • The accuracy, correctness, feasibility, safety and/or practicability of any advice, information, drawings, designs or specifications furnished by it in respect of the Goods including in particular information regarding its characteristics and capabilities, such latter information being intended to be approximate only.

(C) It is recorded that no warranties or representations other than these recorded herein have been given or made in connection with this sale.

 

  1. CANCELLATION
    If the Customer breaches any of these conditions in any way whatsoever and howsoever arising or circumstances obtained by virtue of which the Customer could be placed in liquidation or sequestration or the Customer is placed under Judicial Management, or ceases to carry on business, the Company shall be entitled to cancel this sale without notice and to take repossession of the Goods sold.
  2. LEGAL COSTS IF THE CUSTOMER DEFAULTS
    The Customer shall pay any legal costs, including attorney and client costs, tracing costs and collection commission, incurred by the Company as a result of a breach hereof by the Customer.
  3. MAGISTRATE’S COURTS TO HAVE JURISDICTION
    The plaintiff or applicant in any proceedings arising out of or in connection with this contract shall be entitled, but not obliged, to institute such proceedings in the Magistrate’s Court.
  1. DOMICILIUM
    The Customer chooses Domicilium Citandi et Executandi at its address stated on their account.
  2. THESE CONDITIONS APPLY TO FUTURE CONTRACTS
    In the absence of express agreement to the contrary, these conditions shall apply to any future sales by the Company to the Customer. 
  1. RESELLER ACKNOWLEDGEMENT- ONLINE RESALE POLICY
    Reseller will not offer to sell or sell any JSHealth Vitamins PTY LTD products on or through any company owned website, online marketplace or auction service such as: Ebay, Amazon Marketplace, or like websites, except as may be expressly consented to by JSHealth Vitamins Pty Ltd in writing and in advance. It is understood that JSHealth Vitamins Ltd Pty may withdraw its consent at any time. By purchasing product from JSHealth Vitamins Pty Ltd you acknowledge our online reseller policy.
  2. ONLINE BIDDING

Stockist agrees not to bid on or engage in any activities that involve bidding on online advertising terms, including but not limited to keywords, search terms, or phrases, specifically related to JSHealth Vitamins or any variations thereof without prior written consent from the Manufacturer/Supplier.

   18. PHARMACOVIGILANCE 

In order to comply with Australian Pharmacovigilance requirements, Reseller agrees to report the following pharmacovigilance data to the JSHealth Vitamins sponsor within the specified timeframe:

A) Serious adverse reactions

Serious Adverse reactions must be reported to the TGA within 15 calendar days (calendar days includes weekends and public holidays). In order for the sponsor to meet this reporting timeframe, the reseller agrees to report the minimum 4 data requirements to the sponsor within 24 hours.
The Minimum 4 data requirements to be reported are:
  1. Name and contact details of the the person reporting the adverse reaction
  2. Name (or identification such as initials, date of birth, age, ID number) of person who experienced the adverse reaction
  3. Name of suspected medicine
  4. Type of reaction (this must include a description of the symptoms and treatment required)

Definition of Serious Adverse Reactions

Serious adverse reactions are those that:

  • Result in death
  • Are lids threatening
  • Result in inpatient hospitalisation or prolonged hospitalisation
  • Result in persistent or significant disability or incapacity
  • Are associated with a congenital anomaly or birth defect are a medically important event or reaction.
B) Non- serious adverse reactions

All other reactions are considered non-serious reactions and must be recorded in as much detail as possible. The reaction must be reported to the JSHealth Vitamins sponsor within 15 calendar days,

C) Significant safety issues

Significant safety issues must be reported to the TGA within 72 hours of detection. In order for the sponsor to meet this reporting timeframe, the reseller agrees to report details of the suspected serious safety issues to the sponsor within 24 hours.

Definition of Serious Safety Issues

  • Raw material or product quality issues that impact the safety of the medicine for consumer use
  • A cluster of serious or non-serious adverse reactions that may indicate that there is an issue with the quality of the medicine
  • Overuse, misuse, abuse
  • Reports of birth defects or foetal abnormalities suspected as a consequence of use in pregnancy

How to Report

Reports must be sent to the sponsor’s Pharmacovigilance Contact Person below. Reports must be sent in full, un-redacted and it should be verified that information transferred to the sponsor is in full, with no omissions or mistakes

The sponsor will send verification within 24 hours that the information has been received. If verification has not been received within this timeframe, EPIK Brands will resend the information and make every attempt to verify that the data has been received by the sponsor.

Pharmacovigilance Contact Personnel

The person responsible for Pharmacovigilance at JSHealth Vitamins is Jenna Arscott and Sarah Lawman and is to be contacted is:

Email: jenna.a@jshealthvitamins.com, sarah@jessicalsepel.com 

In the event that the details of the Pharmacovigilance Contact Person change at either Contract Party, the other party shall be notified within 24 hours of the new Pharmacovigilance.

19. EXPIRED PRODUCTS

The Reseller is responsible for and bears the risk of any Expired JSHealth Vitamins Stock.