Terms of service

Roccoco Cosmetics Pty Ltd T/A Roccoco Cosmetics and Roccoco Botanicals
Terms & Conditions of Trade Valid 13th August 2025
1. Definitions

1.1 “Supplier” shall mean Roccoco Cosmetics Pty Ltd T/A Roccoco Cosmetics and 
Roccoco Botanicals its successors and assigns or any person acting on behalf of and 
with the authority of Roccoco Cosmetics Pty Ltd T/A Roccoco Cosmetics and Roccoco 
Botanicals.

1.2 “Client” shall mean any person who purchases from a Stockist.

1.3 “Individual” refers to any person regardless of whether they are a Client or Stockist 
that places an order for goods.

1.4 “Stockist/Wholesaler” is any individual or business who purchases Roccoco at 
wholesale cost.

1.5 “Guarantor” means that person (or persons), or entity, which agrees to be liable for 
the debts of the individual or business on a principal debtor basis.

1.6 “Goods” shall mean all Goods supplied by the Supplier to the individual or the 
business.

1.7 “Services” shall mean all Services supplied by the Supplier to the individual or 
business and includes any advice or recommendations (and where the context so 
permits shall include any supply of Goods as defined above).
1.8 “Price” shall mean the Price payable for the Goods as agreed between the Supplier 
and the individual or business.

2. Acceptance

2.1 Any instructions received by the Supplier from the Client for the supply of Goods 
and/or the Client’s acceptance of Goods supplied by the Supplier shall constitute 
acceptance of the terms and conditions contained herein.

2.2 Where more than one individual or business has entered into this agreement, the 
Clients shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the individual or business the 
terms and conditions are binding and can only be amended with the written consent of 
the Supplier.

2.4 The individual or business shall give the Supplier not less than fourteen (14) days 
prior written notice of any proposed change of ownership of the individual or business orany change in the individual’s/business name and/or any other change in the 
individual/business details (including but not limited to, changes in address, facsimile 
number, or business practice). The individual or business shall be liable for any loss 
incurred by the Supplier as a result of the individual or business failure to comply with 
this clause.

2.5 Goods are supplied only on the terms and conditions of trade herein, to the 
exclusion of anything to the contrary in the terms of the Client’s order notwithstanding 
that any such order is placed on terms that purport to override these terms and 
conditions of trade.

3.  Stockist Obligations

3.1 Wholesale account holders must list they are a stockist of Roccoco Botanicals on 
their website and all social media.

3.2 Wholesale account holders must ensure that they are carrying a minimum of 10 
different products from the Roccoco retail line on their shelves available for customers 
to purchase.

3.3 Stockists must be following at least one full Roccoco facial protocol as set out by 
Roccoco and publicly list the treatment by its correct and full name set by Roccoco. This also applies to all platforms of social media. This name can be altered and the protocol modified at any time by Roccoco if we deem it is necessary.
3.4 Stockist who are performing less than 2 full Roccoco facial protocols and not 
correctly naming and promoting the facial treatment and the brand, will not be listed by the company on our website or social media platforms.

3.5 Stockist who are performing 2 or more of our Roccoco facial protocols and correctly publicly listing, endorsing and promoting the treatments by their full name and brand will be listed on our website and endorsed by Roccoco.

3.6 Roccoco will not permit mixing of our products with any other line.  Not within a 
facial protocol in clinic or for the purposes of recommending home care.  If you are 
found to be mixing Roccoco products within clinic treatments or home care, Roccoco 
accepts no liability for reactions or returns from the client.  The clinic who performed the treatment will accept full liability and handle all complaints and financial loss associated with the client.

3.7 If sharing social media posts, images, blogs etc the stockist must give full credit to 
the owner of said material and correctly name by brand, treatment used and correctly 
name products used for both in clinic treatments and home care.

3.8 If advertising and sharing before and after photos you must name the facial used 
correctly and fully name the products used by brand and product name.

3.9 If sharing other clinics or Roccoco’s before and after photos stockists must credit 
owner of the photo’s accordingly through all social media and in clinic publications.

3.10 Must display all digital images in the correct format.  We do not permit photos of 
photos to be uploaded of any Roccoco before and after images or of our product 
images.

3.11 If you wish to advertise in store then please use the marketing materials provided 
through the company as they are designed to be print ready, have been checked for 
legally correct terminology and have been approved by the company.

3.12 Stockist must agree to receive communication from Roccoco through a number of 
social media and business communication tools such as – Be subscribed and remain 
subscribed to our automatic newsletter subscription, closed Facebook stockist groups 
etc. and any other business tool that Roccoco uses to communicate with stockists.

4. Price and Payment

4.1 The price shall be as indicated on invoices provided by the Supplier to the individual
or business in respect of Goods supplied.

4.2 Payment shall be due prior to delivery of the Goods.

4.3 Payment will be made by PayPal, bank deposit or by any other method as agreed to
between the Stockist and the Supplier.

4.4 Date of payment will be deemed the date monies are showing as deposited in our 
account.  Please note if paying via direct debit or e-cheque, this can take up to 3 
business days to transfer.

4.5 International fees are the responsibility of each client. We advise using PayPal and 
linking your account to avoid fees if you are not located in Australia.

4.6 The products are not to be sold at a price less than the RRP. The exception being a 
sale period. Wholesalers that are found selling the items at a reduced cost may have 
their account terminated.

5. Ordering

5.1 Stockist must purchase a minimum opening order of at least $1500.00 and must 
include at least one full Roccoco facial protocol pack.

5.2 Must start to stock retail stock of a minimum of ten different products within two 
months of placing opening order if the opening order did not contain any retail stock.

5.3 Stockist must place an order minimum of $500.00 per quarter to maintain stockist 
terms and conditions.  Quarters are January to March, April to June, July to September, October to December.

5.4 Stockist will not be permitted to cherry pick products and will maintain restocking 
back bar professional products to perform chosen protocols on a continuing basis.  
Stockist will be required to stock a minimum of ten different products in their retail 
range.  Stockists are only allowed to retail items that are listed on the retail price list.

5.5 Roccoco will only list salons online if they order more than $2,500.00 in their first 
year which includes the $1000.00 minimum opening order amount and $500.00 
minimum per quarter and then $2000.00 per annum for each year as a continuing 
stockist.  This clause is also in conjunction with the stockist also meeting all of the other terms and conditions stated in this document.

5.6 Roccoco only sells wholesale to authorised salons and qualified and licenced 
Aestheticians or Skin Specialists.  You must provide evidence of qualifications and 
Licence for your location to Roccoco before your account will be approved.

5.7 If a clinic owner or manager is not qualified to perform advanced facial treatments 
and employs staff to carry out these services, proven qualifications for all staff will be 
required to be kept on file by Roccoco.

5.8 If a stockist qualification expires or become invalid for any reason, Roccoco 
reserves the right to cancel a stockists account until a valid licence or qualification is 
provided to Roccoco.  It is the responsibility of the clinic owner and manager to ensure 
this policy is adhered to.  If in any instance where an unqualified or unlicensed 
aesthetician performs facial protocols that involve the use of Roccoco products and an 
adverse reaction or injury occurs, Roccoco will be fully indemnified by the clinic owner/ 
manager and its staff.

5.9 To be a wholesale stockist you must be actively participating in the Beauty and 
Wellness industry and be working in or operating a fully functioning clinic.  You must be able to perform our facial protocols on clients and offer them retail product sales to 
complete the transaction as per normal business practice.

5.10 You must be fully qualified and licensed in the country that you are applying for a 
wholesale account and practising as an aesthetician.  Even if you were qualified in a 
different country you must adhere to the licencing requirements of the country where 
you are practicing.  If you change states or countries entirely your account may be 
closed or suspended based on the circumstances.  Your account will not be reinstated 
until the appropriate licenses and or qualifications are provided to Roccoco.

5.11 Online only clinics for skin consultations will not be accepted as wholesale 
stockists.  As they are unable to perform in salon treatments and provide retail solutions for homecare whilst in clinic.  Roccoco feels that it is not in the best interest of the client.

5.12 Stockist must follow direction from Head Office to register as a wholesale account 
through the website and place all orders online as directed.  With exception to website 
technical difficulties, opening orders and sample pack orders which are placed through head office.

5.13 Stockists may not use and shall not sell the products to or for the benefit of any 
person who is not an end-user consumer or to any other person or entity including 
affiliates, subsidiaries, or other organization of which wholesale account is an owner or 
member.

5.14 Incomplete orders either on the website or manually created through head office 
will not be held from stock levels.  All orders must be completed and the invoice paid 
within the time frame given on all invoices.  If the invoice remains unpaid and stock 
levels are unable to fulfil the order, Roccoco will not be able to fill the order until stock is replenished.  Roccoco will not be liable for any inconvenience this causes to your client or business.

5.15 Every attempt is made to despatch by the following business day. However, 
Roccoco can’t guarantee this depending on the volume of orders, time of year and 
public holidays.

5.16 If a product is out of stock and on back order the order will not ship until all 
products are in stock. If you do not wish to wait for the products a separate order must 
be placed.

5.17 Our preferred method of ordering is via the website. Manual orders will incur a 
$30 processing fee (Bulk buy orders exempt). Opening orders and sample packs 
are the exception before an account is approved.

5.18 Opening order packs and associated discounts are only available on the first order.
There are no rainchecks.

5.19 Once an order is placed it cannot be adjusted or cancelled. All orders are final after checkout. If you have forgotten to purchase an item you must place a separate order and pay separate and additional shipping costs.

5.20 Sales are subject to availability of stock. We cannot honour sales to clients once 
sold out. The sale only applies to new orders placed and there are no rainchecks. If you placed an order before the sale the discount will not be applied.

5.21 The stockist can only drop ship within the United States of America. Stockist are 
not permitted or able to drop ship products internationally.

6. Delivery of Goods

6.1 All orders are shipped via our designated freight carrier unless an alternative 
method is requested, and paid for, by the individual.

6.2 All orders are shipped FOB shipping point, which means ownership and risk of loss 
transfers to the Stockists account once the shipment is delivered to the shipping carrier.

6.3 Standard shipping for stockists within the United States of America is a flat rate of 
$17 for orders up to $599.00.  Alaska and Hawaii is $25 flat rate for orders up to $800.
6.4 Free shipping for stockists is applicable on orders of $600 or more. Express 
shipping is Price on application and this charge will be invoiced to the stockist.   Alaska 
and Hawaii free shipping is available on orders over $801.

6.5 Once an order is despatched the client is considered to receive the goods.  
Signature on delivery is recommended in the unlikely event that your order goes 
missing or items are missing from your order.  Signature on delivery is available at 
checkout within the website at no extra charge.  If you choose at checkout to not 
agree for signature on delivery, then Roccoco will not be liable for any missing 
items within the shipment or parcels that get lost or stolen.

6.6 The process of fulfilling an order begins as soon as you place your order on the 
website.  Once an order has been released for fulfillment, it cannot be changed.

6.7 The Client shall make all arrangements necessary to take delivery of the Goods 
whenever they are tendered for delivery. In the event that the Client is unable to take 
delivery of the Goods as arranged then the Supplier shall be entitled to charge a 
reasonable fee for redelivery.

6.8 Delivery of the Goods to a third party nominated by the Client is deemed to be 
delivery to the Client for the purposes of this agreement.

6.9 When you place an order online, it is your sole responsibility to keep your stockist 
account updated for Billing, Shipping and Business address and all associated contact 
details.  If you place an order and you have not updated addresses and your order is 
delivered to the incorrect address, Roccoco is not liable and will not replace your order if you are unable to track down your delivery.  This also applies to manual orders placed by head office.  As we ask you to check every detail especially shipping details before 
proceeding to payment.  If you do not check your invoice and inform head office of 
amendments needed, again we will not be liable for orders that are delivered incorrectly.

7. Licenses and Professional Liability

7.1 Stockist accounts must provide a copy of their licence relevant to state and country 
that you are applying for a wholesale account.

7.2 Aestheticians who do not have Professional Liability release Roccoco from any 
claims/compensation associated with inappropriate use.  We will not be liable for any 
reactions, medical concerns or replacement of products.

7.3 In the event that the Stockist is not an aesthetician but is the business owner, a 
copy of their business license must be provided.  A copy of the practicing aesthetician/s must provide the relevant Licence as required per the state and country you are practicing in and this must be provided for each staff member performing Roccoco facial protocols.

8. Risk

8.1 Where the Client expressly requests the Supplier to leave Goods outside the 
Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.

8.2 Roccoco is not permitted to be sold internationally by any wholesaler outside of the United States of America. In the event a product is sold internationally Roccoco is not 
liable for any reactions or compensation to the client and the stockist assumes full 
responsibility.

8.3 Roccoco accepts no liability if the products are not used in the manner intended.

8.4 Roccoco accepts no liability if you mix our products with other non-Roccoco 
products.  We do not know what adverse reactions may occur as a result.

8.5 In the event that your client has a reaction to a product and under the proviso that 
you and your client have not used any other skin care line and the product has been 
used the product in the manner intended by Roccoco, the following must occur.  You 
will need to provide evidence in the form of photos whilst your client is experiencing the reaction.  You will also be required to submit the reaction form that has been completed by your client.  This needs to be sent to head office with the photos.  You will be asked to return the products from your client.  When all of the above conditions are met, we will determine if the reaction is genuine and if a replacement or credit is deemed fair and equitable.
8.6 Professional products must only be used in the treatment room. These are not to be sold as retail to a customer. This includes professional sizes. No refunds or liability will be taken if professional products and sizes are sold to either a retail customer or 
another aesthetician.

9. Title

9.1 The Supplier and the Client agree that ownership of the Goods shall not pass until:
(a) The Client has paid the Supplier all amounts owing for the particular Goods; and
(b) The Client has met all other obligations due by the Client to the Supplier in respect 
of all contracts between the Supplier and the Client.

9.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Goods shall continue.

9.3 It is further agreed that:
(a) Until such time as ownership of the Goods shall pass from the Supplier to the Client the Supplier may give notice in writing to the Client to return the Goods or any of them 
to the Supplier. Upon such notice the rights of the Client to obtain ownership or any 
other interest in the Goods shall cease; and
(b) The Supplier shall have the right of stopping the Goods in transit whether or not 
delivery has been made; and
(c) If the Client fails to return the Goods to the Supplier then the Supplier or the 
Supplier’s agent may enter upon and into land and premises owned, occupied or used 
by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
(d) The Supplier can issue proceedings to recover the Price of the Goods sold 
notwithstanding that ownership of the Goods may not have passed to the Client; and
(e) Until such time that ownership in the Goods passes to the Client, if the Goods are 
converted into other products, the parties agree that the Supplier will be the owner of 
the end products.

10. Defects

10.1 The Stockist shall inspect the Goods on delivery and shall within three (3) 
business days of delivery (time being of the essence)      notify the Supplier of any 
alleged defect, shortage in quantity, damage or failure to comply with the description or quote. This does not include faulty packaging e.g. Products not pumping. Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time 
following delivery if the Client believes the Goods are defective in any way. If the Client 
shall fail to comply with these provisions the Goods shall be presumed to be free from 
any defect or damage and Roccoco will be excluded from any liability. For defective 
Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the 
Supplier’s liability is limited to (at the Supplier’s discretion) replacing the Goods.  After 3 months of receipting goods no goods will be replaced.  Stockist should be ensuring 
all stock ordered is sold within a 3 month period.

10.2 Photos or videos are required for any claim involving defects or damage to the 
goods.  All goods are to be returned to head office.

10.3 No replacements/credit will be sent until the Stockist has posted the item. If the 
goods have been found to be defective then a refund or credit of the shipping cost will 
be provided. Once we receive your items a replacement will be sent out.

10.4 In the event of missing parcels or missing items our freight carrier requires 
photographs of the package’s condition when you received it to evaluate whether 
tampering with the parcel has occurred.

10.5 Orders sent by the Stockist to the Client is not the responsibility of Roccoco. If 
there are any defects it is the Stockists responsibility to remedy the issue.
11. Returns
11.1 Every Stockist must set their own return policy.
11.2 Returns to Roccoco are only permitted with authorisation from head office. Buyer’s remorse or the product not selling as you anticipate is not a reason for return.
11.3 Returns will be accepted if the client has an allergic reaction and they are not 
mixing Roccoco with other products.  The reaction form must be filled out.  In order 
to claim for a reaction, the client must be using/have purchased the product within a one(1)-month time frame.  Photos must also be provided of the reaction. Stockists are 
credited in the event of a valid reaction and the full reaction returns process has been 
followed. The goods must be returned to head office.

11.4 Returns are accepted if the goods are damaged or defective, after approval from 
head office.

11.5 Any product returned must be at least 70% full.  Returns that are lower than this 
will not be granted a credit/refund.

11.6 The Supplier will not be liable for Goods which have not been stored or used in a 
proper manner.

11.7 The Goods are returned in the condition in which they were delivered and with all 
packaging material, brochures and instruction material in as new condition as is 
reasonably possible in the circumstances.

11.8 The Supplier may (at their sole discretion) accept the return of Goods for credit.  
Goods that are found to have no defect and are returned will incur a handling fee of up 
to thirty percent (30%) of the value of the returned Goods plus any freight costs. There will also be a return fee of $2.95 and $0.50 for each item returned.  These charges will 
be deducted from your credit. As these charges are unavoidable and charged by our 
Distributor Warehouse, if a stockist returns goods that are not faulty and have no defect, this cost will be on charged to the stockist.

11.9 Non-stock list items or Goods made to the Client’s specifications are under no 
circumstances acceptable for credit or return.

11.10 If the Client has had the product for more than three (3) months or the product is 
expired no replacements or credits will be accepted.

11.11 The stockist will be credited or refunded the price they paid for the item.

11.12 Roccoco does not accept refunds or returns for incorrect prescription of products. It is the Stockists responsibility to ensure they are familiar with the training manual and in the event of uncertainty they are to contact Roccoco directly before selling the product.

12. Intellectual Property

12.1 Roccoco is the sole legal and beneficial owner of the intellectual property.  
"intellectual property" means the following:
(a) An  invention or   discovery;recipe;  method or   process of 
manufacture; method or principle of skin treatment; chemical 
composition or formulation; drawing or  design; or  scientific, 
technical or information or document;
(b)     Improvement, modification, development or new application of any 
of the foregoing;
(c)    Patent, application for a patent, right to apply for  a patent or similar 
right for or  in  respect of any  intellectual property referred to in sub-
paragraphs (a) or (b);
(d)    Trade secret, know-how, or right of secrecy or confidentiality in 
respect o f  any information or document or other intellectual 
property referred to in sub paragraphs (a) or (b);
(e)      Copyright or other rights in the  nature of  copyright subsisting in 
any  works or other subject matter referred to  in sub-paragraphs (a) 
or (b);

12.2 The Stockist must not directly or indirectly impair Roccoco Cosmetics ownership 
rights in relation to the intellectual property and product.  The Stockist must not attempt to, or engage any other person to attempt to, reverse engineer the product.
12.3 The Stockist must not remove any labels or alter the appearance of the product in 
any way.  At no stage are the Stockists to implicate that the product is their own and not Roccoco’s.

12.4 We do not allow decanting of the products. Products must be sold as they are 
received and are not to be altered in any way. We take no liability if products are 
decanted. Any Stockist that is found to be altering or decanting products will have their account terminated. No refunds or returns will be accepted for product still in stock.

12.5 Roccoco Cosmetics and Roccoco Botanicals Logo is only to be used in the Client's
advertising and marketing if approval in writing has been given by the Supplier.  All 
marketing materials are to be consistent with the Suppliers marketing materials and no 
claims are to be made that are inconsistent with the Suppliers claims.

12.6 Stockist are to use marketing material such as posters, in clinic marketing 
materials, brochures, and also including but not limited to social media posts, website 
content and videos, that have been created and approved by Roccoco.  If a stockist 
wishes to create their own marketing materials, the stockist must provide the materials 
both written and digital to Roccoco to be approved.  Stockists are not permitted to 
replicate the Roccoco logo and claims about treatments and products are not to be 
associated or represented as they have been written or produced by Roccoco.

12.7 Roccoco’s Product Manual, Training and Marketing material (excluding retail 
brochures) are not to be shared with any person who is not an authorised Stockist.
12.8 Stockists are not to share their username and password for the website with any 
other party.  Sharing information is in breach of these terms and conditions of trade.  If abreach is to occur the Stockist will be suspended from ordering.  Their account will be reviewed and possibly terminated.

13. Internet Sales

13.1 Roccoco is not responsible if a client purchases the incorrect products for their 
skin. We do not accept returns or refunds because a client chose the wrong product.

13.2 Roccoco is not responsible for returns if the product is sold internationally.

13.3 Roccoco is not permitted to be sold on sites like eBay, Amazon, Gumtree, Etsy 
Facebook community groups including market place or sell by private sale through any 
social media or print format.

13.4 The stockist will be responsible for all online consultations with their clients.

13.5 Our return policies listed under number 14 still apply to online sales.

13.6 Roccoco does not have to honour the same sales to the public as they do to 
stockists.

13.7 Stockists may have their own business Online Store and Roccoco is to be 
advertised according with Terms and Conditions.  It must be a Business Facebook, 
Business Website or Instagram page not personal.

14. Online Behaviour

14.1 At no time are any Stockists to denigrate Roccoco its founder or its staff on any 
social media platform.  Stockists who are found breaching this clause will be terminated. Slandering will not be tolerated. This includes whether or not the company or staff are named directly.

14.2 If Stockists have a complaint, they are to notify us via email so that we can remedy
the problem. Our closed Facebook group is for education purposes only, not 
complaints.

15. Default and Consequences of Default

15.1 In the event that the Client’s payment is dishonoured for any reason the Client 
shall be liable for any dishonour fees incurred by the Supplier.

15.2 If the Client defaults in payment of any invoice when due, the Client shall indemnifythe Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.

15.3 Without prejudice to any other remedies the Supplier may have, if at any time the 
Client is in breach of any obligation (including those relating to payment) the Supplier 
may suspend or terminate the supply of Goods to the Client and any of its other 
obligations under the terms and conditions. The Supplier will not be liable to the Client 
for any loss or damage the Client suffers because the Supplier has exercised its rights 
under this clause.

15.4 If any account remains overdue after seven (7) days then an amount of the greater
of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a 
maximum of two hundred dollars ($200.00)) shall be levied for administration fees whichsum shall become immediately due and payable.

15.5 Without prejudice to the Supplier’s other remedies at law the Supplier shall be 
entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become 
immediately payable in the event that:
(a) Any money payable to the Supplier becomes overdue, or in the Supplier’s opinion 
the Client will be unable to meet its payments as they fall due; or
(b) The Client becomes insolvent, convenes a meeting with its creditors or proposes or 
enters into an arrangement with creditors, or makes an assignment for the benefit of its 
creditors; or
(c) A receiver, manager, liquidator (provisional or otherwise) or similar person is 
appointed in respect of the Client or any asset of the Client.

16. Security and Charge

16.1 Despite anything to the contrary contained herein or any other rights which the 
Supplier may have howsoever:
(a) Should the Supplier elect to proceed in any manner in accordance with this clause 
and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Supplier from 
and against all the Supplier’s costs and disbursements including legal costs on a 
solicitor and own client basis.

17. Cancellation

17.1 The Supplier may cancel any contract to which these terms and conditions apply or
cancel delivery of Goods at any time before the Goods are delivered by giving written 
notice to the Client. On giving such notice the Supplier shall repay to the Client any 
sums paid in respect of the Price. The Supplier shall not be liable for any loss or 
damage whatsoever arising from such cancellation.

17.2 In the event that the Client cancels delivery of Goods the Client shall be liable for 
any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.

17.3 Cancellation of orders for Goods made to the Client’s specifications or non-stock 
list items will definitely not be accepted, once production has commenced.

17.4 The Client and/or the Guarantor/s agree for the Supplier to obtain from a credit 
reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Supplier.

17.5 The Client and/or the Guarantor/s agree that the Supplier may exchange 
information about the Client and the Guarantor/s with those credit providers either 
named as trade referees by the Client or named in a consumer credit report issued by a
credit reporting agency for the following purposes:
(a) To assess an application by Client; and/or
(b) To notify other credit providers of a default by the Client; and/or
(c) To exchange information with other credit providers as to the status of this credit 
account, where the Client is in default with other credit providers; and/or
(d) To assess the credit worthiness of Client and/or Guarantor/s.

17.6 The Client consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

17.7 The Client agrees that personal credit information provided may be used and 
retained by the Supplier for the following purposes and for other purposes as shall be 
agreed between the Client and Supplier or required by law from time to time:
(a) Provision of Goods; and/or
(b) marketing of Goods by the Supplier, its agents or distributors in relation to the 
Goods; and/or
(c) Analysing, verifying and/or checking the Client’s credit, payment and/or status in 
relation to provision of Goods;
and/or
(d) Processing of any payment instructions, direct debit facilities and/or credit facilities 
requested by Client; and/or
(e) Enabling the daily operation of Client’s account and/or the collection of amounts 
outstanding in the Client’s account in relation to the Goods.

17.8 The Supplier may give information about the Client to a credit reporting agency for the following purposes:
(a) To obtain a consumer credit report about the Client; and/or
(b) Allow the credit reporting agency to create or maintain a credit information file 
containing information about the Client.

18. General

18.1 Proximity and exclusively – Roccoco has the right to approve a new stockist 
account in any location.  If a stockist wishes to have exclusivity in a geographical 
location, each case will be assessed on their merits.  At the very minimum exclusivity 
would not be considered in major cities with medium to large population numbers unlessa stockist was meeting all of our terms and conditions and ordering a minimum of $10,000.00 per month from Roccoco. Even in this instance we would only grant 
exclusivity for an agreed distance for example 10 km radius of the business address 
and would need to be an agreed time period and at the end of that agreed period will be reassessed to ensure the agreement is still viable for both parties.  In areas that have a very small population that would be considered not viable for more than one clinic to sustain a business income within the same location, it would be a case by case decision.

18.2 If any provision of these terms and conditions shall be invalid, void, illegal or 
unenforceable the validity, existence, legality and enforceability of the remaining 
provisions shall not be affected, prejudiced or impaired.

18.3 The Supplier shall be under no liability whatsoever to the Client for any indirect 
and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Supplier of these terms and conditions.

18.4 In the event of any breach of this contract by the Supplier the remedies of the 
Client shall be limited to damages that under no circumstances shall exceed the Price of the Goods

18.5 The Client shall not be entitled to set off against, or deduct from the Price, any 
sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.

18.6 The Supplier may license or sub-contract all or any part of its rights and obligationswithout the Client’s consent.

18.7 The Client agrees that the Supplier may review these terms and conditions at any 
time. If, following any such review, there is to be any change to these terms and 
conditions, then that change will take effect from the date on which the Supplier notifies the Client of such change.

18.8 Neither party shall be liable for any default due to any act of God, war, terrorism, 
strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

18.9 The failure by the Supplier to enforce any provision of these terms and conditions 
shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.