T & C

1. GENERAL

1.1. These provisions apply to all sales and delivery of products, materials and services, unless otherwise explicitly agreed in the order confirmation.

1.2. General terms and conditions have been approved and accepted by the client when an order has been placed. All orders and order confirmations must be written in a formal document, ie. an email. These terms and conditions regulate any relationship between Erthe® & Co and the client unless separately agreed in writing.

2. ORDER CONFIRMATION

2.1. Erthe® & Co delivers what is described in the order confirmation. Delivery time is estimated and may differ from the order confirmation. If there is a difference between the order confirmations, the content of the latest dated is applicable. Erthe® & Co only delivers the products specified in the order confirmation. Any changes made by the client after accepting the first order confirmation will be paid by the client. In the event of significant delay, or if a delivery is made impossible due to force majeure or other circumstances beyond Erthe® & Co’s responsibility, such as strikes, lockouts, fire, lack of transportation or any circumstances concerning your order, Erthe® & Co is not responsible for any consequential loss. Any delays, that are not due to Erthe® & Co’s conditions, does not entitle the client to cancel the agreement, unless this is agreed separately between Erthe & Co and the client. In the case of significant delays Erthe® & Co will inform the client.

2.2. Order confirmation must be in writing. Erthe® & Co is solely responsible for the information that is provided. The customer is obliged to check the order confirmation upon receipt and promptly give written notice to Erthe® & Co if there are any discrepancies. Failing this, it is the order confirmation, which forms the contractual basis for the agreement.

2.3. Erthe® & Co reserves the right to adjust the prices agreed in the event of significant changes in exchange rates and in case of significant price increases from our suppliers in the time between ordering and up to the printing/producing the order. If there is such a change Erthe® & Co is obliged to inform the client. If the adjustments are not acceptable to the client, the client has the right to cancel the agreement within 5 days after receiving the notice.

2.4. Upon receiving the order confirmation, payment must be paid within 7 days of invoice. Order will be processed once payment has been made, in which case the client has no right to cancel the purchase. However Erthe® & Co can, in writing, declare themselves willing to cancel the purchase. If so, Erthe® & Co defines the conditions for the cancelation. Any customised products cannot be refunded, the client will be obliged to pay and receive the goods as per the order confirmation.

3. RETAILER/STOCKIST OBLIGATIONS

3.1 The retailer/stockist must strive to sell as many units of Erthe® & Co products as possible.

3.2 The retailer/stockist will market the products in a professional manner according the Erthe® & Co brand guidelines, and must follow Erthe® & Co’s reasonable instructions accordingly, so as to ensure products are presented in the best possible way without compromising on quality or price.

3.3 The retailer/stockist is free to use Erthe® & Co’s marketing materials or own marketing materials approved by Erthe® & Co.

3.4 The retailer/stockists has no right to resell Erthe & Co products to other retailers/stockists/webstores, unless this is agreed in writing by Erthe® & Co.

3.5 The retailer/stockist may increase up to 10% of the Recommended Retail Price (RRP), according to your store’s location and clienteles demographics, but are not allowed to reduce the RRP guidelines, unless the retailer/stockists is conducting store promotions.

4. PRICE & PAYMENT TERMS

4.1. The prices in the order confirmation are ex GST and excluding shipping costs, unless otherwise expressly described in the order confirmation.

4.2. Invoices shall be paid within 7 days after receiving the invoice unless otherwise expressly agreed in the order confirmation. Payment due dates are indicated on the invoice. In case of late payment Erthe® & Co is entitled to charge 1% of the total cost defined in the invoice per month from the due date and add a processing fee of AU$15.00 for each collection made.

4.3. Orders will only be processed after payments are cleared.

5. RETENTION OF TITLE

5.1. Erthe® & Co owns the products until the purchase price is fully paid plus any interest and costs added due to late payment or any other costs that has been incurred by Erthe® & Co on behalf of the client.

6. INTELLECTURAL PROPERTY & COPYRIGHT

6.1 The full ownership of all intellectual property rights relating to artwork, designs and copyrights are the sole property of Erthe® & Co.

6.2 The copyright of every artwork remains with
the artist and/or Erthe® & Co. The retailer/stockists is granted permission to resell the artwork supplied by Erthe® & Co, but does not have permission in anyway to make additional copy or prints for commercial or non-commercial reproductions of the artwork.

6.3. Erthe® & Co owns all rights to the artwork provided to the client unless explicitly agreed otherwise. In the case that the artwork is developed in corporation with the client. Erthe® & Co always has the right to use the artwork as desired unless explicitly agreed otherwise.

7. CLAIMS

7.1. Any errors and damages in the delivered products caused by material, shipping or production defects, would be replaced by Erthe® & Co within a period of

30 days after receiving the products. Any such claims including delayed or deficient delivery shall be made in writing within 7 days upon receiving of products.

7.2. If the claim is made within the above mention period of time, Erthe® & Co will replace the product within a reasonable time. The client must send the defect product back to Erthe® & Co for examination and replacement.

8. LIMITATION OF LIABILITY

8.1. Erthe® & Co is in no way responsible for any loss of profit, loss of revenue, or any other direct or indirect losses that the client might suffer from. Erthe® & Co is not responsible for any damages in a product where the damage occurs as a result of using the product in conjunction with other products or accessories, which directly or indirectly affect the original state of the product. Erthe® & Co shall not be liable for errors that occur as a result of the client’s, its employees or any third party’s use, change or intervention in the product that is not made in accordance to its normal/defined usage .

8.2. Erthe® & Co in under no circumstances can be held responsible for any compensation that exceeds the customer’s total payment pursuant to the order confirmation/invoice.