Frequently Asked Questions

For businesses commissioning custom formulations and wholesale services Effective Date: Thursday, 7 August 2025 Overview Atelier Cosmetics Design Pty Ltd (ABN 65 026 770 8) provides custom cosmetic formulation and wholesale manufacturing services to businesses. This policy outlines the terms and conditions for commission work and wholesale arrangements. Scope of Services What We Provide Custom cosmetic formulation design Product manufacturing on commission INCI (International Nomenclature of Cosmetic Ingredients) documentation Agreed quantities of commissioned products Storage and usage recommendations Quality assurance and compliance guidance Exclusivity Arrangements Client Obligations: Clients may not engage third parties for the same formula in Australia that directly competes with our commissioned products Exclusive use rights within agreed territory Our Obligations: We will not provide the same formula to directly competitive businesses Formula exclusivity maintained during active partnership Intellectual Property Ownership: Atelier Cosmetics Design Pty Ltd retains exclusive ownership of all formula intellectual property Clients receive usage rights, not ownership rights Client Rights: Licensed use of products for agreed purposes within specified territory Right to use commissioned products for business operations as agreed Restrictions: Clients cannot challenge our intellectual property ownership Cannot use formulas for purposes beyond agreed scope without written consent Cannot reverse engineer or attempt to replicate formulas Transfer Clause: If we become unable to continue providing commissioned products, clients may acquire the intellectual property rights. Valuation will be determined at time of acquisition. Order Process Quotations Prices and details valid for 30 days unless otherwise specified Written quotations provided for all commission work Orders Custom orders may require special manufacturing Order variations or cancellations subject to compensation for incurred losses Written order confirmation required Pricing Prices confirmed at order placement Price increases possible if costs rise between order and delivery dates Clients may cancel if prices increase, but we're not liable for resulting losses Returns and Quality Assurance No Returns Policy Commission work does NOT accept returns once samples are approved Quality Inspection Clients must inspect goods within 14 days of receipt Check quality and specification compliance immediately Report any issues within inspection period Client Responsibilities Proper storage according to our recommendations Compliance with usage guidelines Immediate notification of quality concerns Defective Products Products may be returned if they: Are not of acceptable quality (Australian Consumer Law) Do not conform to agreed specifications Are damaged during transit Return Process: Notify within 14 days of receipt Provide detailed quality assessment Return authorization required We cover return costs for genuinely defective products Payment Terms Standard Terms Payment terms specified in individual agreements GST exclusive pricing unless stated otherwise Tax invoices provided showing applicable GST Credit Assessment Credit worthiness evaluation at our discretion May require full payment on receipt if credit concerns exist Late Payment Interest charges apply to overdue payments Daily calculation on outstanding amounts Annual interest rate as specified in agreement Delivery and Risk Delivery Reasonable efforts made to meet requested delivery dates Not liable for losses due to delivery delays Risk transfers to client upon taking possession Title Retention We retain ownership until full payment received Goods held as fiduciary bailee until payment Right to reclaim unpaid goods Proceeds from sale held in trust until payment Personal Property Securities Act (PPSA) Security Interests Agreement constitutes security agreement under PPSA Purchase money security interest granted in goods and proceeds May register financing statement on PPSR Client Obligations Provide information for PPSA registration and maintenance Cooperation with security interest enforcement Waived Requirements Clients waive rights to: Verification statements (section 157) Various notification requirements (section 144) Information about security interests (section 275) Warranties and Liability Our Warranties We warrant commissioned products will: Match description and agreed specifications Be free of third-party claims Meet acceptable quality standards under Australian Consumer Law Liability Limitations Our liability limited to: Replacing or repairing defective goods Refunding cost of replacement or repair Not liable for indirect, incidental, or consequential losses No liability for loss of business opportunity, production, or profits Exception: Limitations don't apply where they would breach Australian Consumer Law Confidentiality Confidential Information Use only as directed and for our mutual benefit No disclosure without written permission Notify immediately if legal disclosure required Opportunity provided to oppose disclosure where possible Protection Requirements Maintain confidentiality of all proprietary information Secure handling of formulas and business information No unauthorized use or disclosure Legal Framework Governing Law Agreement governed by Australian law Victorian state jurisdiction for disputes Federal court jurisdiction where applicable Modifications Policy variations require written notice Changes affect future orders only Continued engagement constitutes acceptance Dispute Resolution Victorian courts have jurisdiction Alternative dispute resolution available Legal costs recoverable for enforcement Wholesale Arrangements Wholesale Purchasing Confirmation of wholesale basis required On-selling or re-supply to end customers Limited consumer guarantee entitlements Bulk pricing and terms available Territory Rights Wholesale territories defined in individual agreements Exclusive or non-exclusive arrangements available Geographic and market segment specifications Contact Information For wholesale and commission inquiries: Atelier Cosmetics Design Pty Ltd ABN: 65 026 770 8 Email: ask@ateliercd.com Phone: +61 0490 349 360 Address: PO BOX 3067, Mornington 3931 VIC Australia For Commission Services: Please include "Commission Inquiry" in email subject line For Wholesale Services: Please include "Wholesale Inquiry" in email subject line Last Updated: 7/08/25