Terms & Conditions

Applies only to resellers in Canada, United States and Antilles Island group. 



• Copyright Agreement
• MAP Policy
• Return Policy

Terms & Conditions



Opening An Account

Eminence is a wholesale company that distributes to professional spas and salons, licensed estheticians, skin care educational institutions and health care professionals. Prospective Resellers must be prepared to offer professional skin care services and provide retail sales at locations approved only by Eminence. To open an account, all New Reseller Documentation must be completed. Once Eminence has received and approved the New Reseller Documentation and shipped the Opening Order, Reseller status will be achieved. Eminence does not distribute to home-based or mobile businesses, and reserves the right to refuse the application of any prospective Reseller for any reason. 

Purchasing Eminence Products

The Reseller agrees to purchase Eminence products from Eminence only and therefore is not permitted to purchase Eminence products from any other Resellers or source.

Placing Orders

Orders may be placed on Eminence’s professional website, in person, via phone, fax or email through the Reseller’s Local or Inside Eminence Sales Representative. Eminence will generally ship orders within 1-2 business days. Order processing timelines may be extended and agreed upon for certain Resellers that normally place large orders. Opening an account does not guarantee that orders will be accepted, particularly if any of the Terms & Conditions are not upheld. All order requests are reviewed on an individual basis. Eminence reserves the right to reject orders, in its absolute discretion, for any reason whatsoever, and no Reseller has any right to the fulfillment of any further or future order from Eminence. All sales from Eminence to Resellers are on an order-by-order basis. 

The Reseller provides explicit consent to allow authorized Eminence Team Members to use the ‘Order on Behalf Of’ feature within Eminence’s order management system in order to modify and, if necessary, submit orders on the Reseller’s behalf. The Reseller accepts responsibility for providing accurate order-related information to Eminence.



Product Availability

Eminence makes every effort to ensure all product offerings are always available. However, due to the natural, organic and biodynamic nature of our products we do not stock large quantities of inventory so product back orders, removal from orders or reduction in quantity may occur as a result. 

Payment Options

Accepted methods of payment include Visa, MasterCard, American Express, Discover Card, and bank/wire transfer. Payments returned for insufficient funds will incur a $35 NSF fee and overdue accounts will be charged 2% interest per month. The Reseller agrees to pay any fees incurred on behalf of their financial institution. Resellers with unpaid invoices exceeding 90 days will automatically be sent to Collections and the Reseller agrees to pay all associated collection costs and legal fees. 

All Opening Orders must be prepaid (Net Terms are not an option for Opening Orders). 



NET30 Day Terms

After 6 months of good standing with Eminence, Resellers can apply to pay all invoices with Net30 day Terms by submitting a Net30 Application Form to Eminence for review and approval. The application process requires three vendor references in which Net30 Terms have already been established. The references will be contacted and a credit check will be completed. Once the application has been approved by Eminence and the Net30 Terms & Conditions are signed by the Reseller and received by Eminence, future invoices may be paid by credit card (Visa, MasterCard, American Express), company check or wire transfer. Resellers with overdue accounts will be unable to place new orders until any outstanding balances are paid in full. If a Reseller has been granted Net30 Terms, Eminence reserves the right at any time to change or eliminate all Net30 Terms, and to require payment in full in advance of any shipment of an order. 

Minimum Reorder

The minimum re-order is $200 before applicable shipping and taxes are applied. 

Trademarks & Copyright

Content displayed in Eminence brochures, advertisements, product packaging, product information sheets, marketing materials and content on the Eminence website are copyrighted and trademarked in order to maintain the integrity of the Eminence brand and trademarks. 

The use in paper or digital form of copyrights, trademarks, logos, manufacturing images, product images, copy or other Eminence information without the express written consent by Eminence is prohibited. 

Any production or reproduction of Eminence products (including and not limited to: product, packaging, promotional materials, image, concept, logo or name) is prohibited unless authorized in writing by Eminence. 

The Reseller agrees to remove any Eminence Trademarks in the Reseller’s business names, location names or website domain names when requested by Eminence. 

The Reseller agrees to abide by the Eminence Copyright Agreement. 



Eminence Product Distribution

Only Resellers approved and regularly trained by Eminence, at a location approved by Eminence, are permitted to conduct professional services including Eminence products and/or sell retail Eminence products. Resellers with multiple locations must seek approval, from Eminence, to sell and use Eminence products at all locations. The Terms & Conditions apply to all locations owned (wholly or jointly) by the Reseller. New Reseller Documentation must be submitted and approved for each location. 

Eminence products, in any capacity, are for use solely by the business or individual named on the New Reseller Documentation. Unless the Reseller receives prior written consent from Eminence, the Reseller may sell only from the location approved by Eminence as identified in the New Reseller Documentation. 

The Reseller is prohibited from acting as a wholesaler, and is authorized to sell product only to End- Consumers in the country in which they have received Reseller or International Distribution approval from Eminence. The Reseller is strictly prohibited from selling or transferring any Eminence products to any wholesaler, retailer (including any online retailer), or other reseller, including to another Eminence Reseller. The Reseller further consents to make its records available to Eminence upon request to allow Eminence to verify the Reseller's compliance with this provision. Eminence will terminate the Reseller's rights to sell Eminence's products should the Reseller (i) sell or transfer Eminence products to a wholesaler, retailer, or other reseller (Eminence reseller or other reseller), or (ii) fail, in a timely manner, to make requested records available to Eminence for review and inspection. 



Sales & Transaction Tax

Eminence’s advertised wholesale price of each Eminence product available for purchase by Resellers is the price without any applicable sales tax, use tax, excise tax or any other similar tax, duty or charges of any kind imposed by any governmental authority (collectively, “Tax”). 

Resellers in the United States: 

The Reseller is responsible, and shall indemnify Eminence, for all Tax imposed on purchases by the Reseller from Eminence, plus any interest or penalties imposed thereon, excluding Eminence’s income and franchise taxes.  

Each Reseller shall be responsible for (i) presenting to Eminence, at the time of submitting an initial purchase order and thereafter as appropriate, a valid resale certificate or other exemption certificate substantiating that the Reseller does not owe Tax on its purchase from Eminence in accordance with applicable law; (ii) providing Eminence, upon request by Eminence, with proof that the Reseller self-assessed and remitted Tax on any purchases from Eminence for which Tax is due. 

Resellers in Canada: 

Each Reseller is responsible for paying applicable Tax in accordance with the applicable law. No Reseller shall be entitled to an exception, exemption, exclusion, or similar relief from any particular Tax unless, to the satisfaction of Eminence, the Reseller has provided to Eminence all information and/or documents required under applicable law in respect to the particular exception, exemption, exclusion, or similar relief. Each Reseller shall be responsible for providing such information and/or documents to Eminence at the time of submitting an initial purchase order and thereafter as appropriate. 

The Reseller is responsible for any self-assessment of Tax imposed by a Canadian governmental authority in accordance with applicable law, which includes, but is not limited to, a situation where an Eminence product was purchased for resale purposes but is instead used by the Reseller for business or personal use. The Reseller is responsible for providing Eminence, upon request by Eminence, with proof that the Reseller self-assessed and remitted Tax on any purchases from Eminence for which the Reseller is required under applicable legislation to self-assess. 

Eminence Training

Eminence prides itself on years of award-winning education in the industry and believes that regular training is vital in optimizing each Reseller’s financial performance, End-Consumer retention and staff engagement. Our requirement is that each Reseller and their staff receive training 4 times per year, when exceeding specific thresholds of business as defined by Eminence. As a courtesy to our Educators, please provide a minimum of 2 weeks’ notice to our Educators to request rescheduling of training. 

Eminence provides one After Training Gratis product to each attendee who attends the full duration of each onsite training, up to 4 times a year. 



Online Distribution

The Reseller is prohibited from selling Eminence products through or by means of any website unless the Reseller has first obtained Eminence's prior written consent. 

Before any Reseller is authorized to distribute Eminence product online, the Eminence Online Sales Application Form must be completed by the Reseller and approved in writing by Eminence. To request an Online Sales Application Form, email requests can be sent to distributorcontrol@eminenceorganics.com. 

All Resellers intending to resell Eminence products online agree to disclose all website domains where products are being sold. 

The Reseller must notify Eminence of any changes to the Reseller’s website domains prior to implementation of those changes. 



International Distribution

Eminence values its international partners. International Distribution including online sales and any shipments of Eminence products outside of the country in which your approved Reseller location physically resides are not approved unless authorized through a written agreement with Eminence.

Eminence Product Resales

Retail products are the only permissible Eminence items to be sold. The following Eminence products are not for resale by the Reseller: Professional products, Sample products, Promotional materials, Displays, Tester products, After Training Gratis products, individual components within Starter Sets & Gift Sets and Gift With Purchase (GWP) products. 

Product Testers

Testers play an important role in increasing sales by allowing the End-Consumer to see, touch and smell products prior to purchasing. 

Testers are to be used solely on the retail shelf and are not permitted for professional use or resale. If Testers are used for unpermitted purposes, Eminence reserves the right to discontinue the sale of Testers to the Reseller. 

Full price Testers may be purchased by the Reseller at any time. 

Testers may also be purchased at half price, permitting that three or more of the same retail products are purchased on the same order. Half price Testers are available only once every 90 calendar days and there is a limit of one half price Tester per product SKU within this period. 

Complimentary Testers are provided with an Opening Order if three or more of the same retail products are purchased on the same order. This is a one-time offer when first becoming a Reseller. Also, Purchase Packs for new product launches often include complimentary Testers, available only once during the new product launch period.



Minimum Advertised Price (MAP) 

In accordance with its Minimum Advertised Price (MAP) Policy, Eminence may unilaterally impose sanctions should the Reseller choose not to follow the Eminence MAP Policy.



Price Adjustments

Eminence makes every effort to inform Resellers prior to making any price adjustments; however prices are subject to change without notice.

Tradeshow Purchases

Eminence products purchased at Tradeshows are not to be resold. Purchases from any Tradeshows are not recommended for Resellers. Tradeshow purchases do not contribute to the total product quantity needed to meet a minimum Opening Order amount, nor do they accumulate credits towards Samples, Testers or Promotional materials, nor do they contribute towards any Eminence rewards programs. There are no refunds or exchanges for products purchased at Tradeshows. 

The purchase of any Eminence product at Tradeshows is not equivalent to being authorized as a Reseller and does not permit the purchaser to act as a Reseller. Purchasers of Eminence product at Tradeshows, who are not authorized Resellers of Eminence, are not permitted to advertise, retail or resell Eminence products by any means or provide services including any Eminence products. Purchasers of Eminence product at Tradeshows, who are not authorized Resellers of Eminence, purchase product at Tradeshows under the agreement that the product is for trial purposes or for personal use only. 



Required Condition Of Storage

It is the Reseller’s responsibility to manage inventory and ensure that optimal freshness of products is maintained in order to prevent End-Consumers from receiving products that have reached their maximum shelf life. 

All Eminence products must be stored in a climate controlled environment (5-20ºC or 40-65ºF) away from direct sun exposure, dampness and severe temperatures. It is recommended never to heat or freeze any Eminence products. 

Given the organic nature of Eminence products, they must be handled with hygienic care. The hygienic use of spatulas is necessary to ensure the products’ longevity and efficacy is maintained. All jars, bottles and containers must be tightly closed and stored properly when not in use.



Shipping Services

Shipping charges are determined at the time of invoicing and will be added to the final invoice. A minimum shipping & handling fee of $20 (CAD or USD respectively) will be applied to each order. Shipping rates are established through the courier provider and are subject to change without notice. Neither Eminence nor the courier providers are responsible for the condition of products shipped by ground transportation due to the possibility of exposure to severe climate conditions during transportation. Neither Eminence nor the courier provider guarantee the arrival of packages unless the Reseller specifically requests Proof Of Delivery (signature may be required) on each order. 

Product Return Policy

It is the Reseller’s responsibility to inspect all packages upon receipt and immediately report any physical signs of damage to product and/or any discrepancies between the product list in the shipment and the physical product received. 

The Reseller agrees to have read, understood and accepted the terms of the Eminence Return Policy.



Refusal Of Shipment

When a shipment is returned due to delivery refusal, or if the shipment is undeliverable, either a 25% restocking fee or applicable shipping costs will be charged to the Reseller. New shipping charges will be incurred to re-send the shipment. Subsequent shipments will be held until the Reseller’s account balance is cleared.

Exclusivity

Becoming a Reseller does not automatically grant that Reseller exclusivity within their geographic region. Eminence reserves all rights to consider approving new additional Resellers in any region on a case-by-case basis.

Change Of Address

The Reseller is required to submit a new Customer Information Form to their Sales Representative prior to any change to their shipping, billing or spa location addresses. A change in spa location address must be approved by Eminence. A change of address may lead to a change in the Eminence Sales Representative. Eminence reserves the right, in its absolute discretion, to decline new locations.

Change Of Ownership

If at any time a business associated with a Reseller is sold or undergoes a change of ownership, the Eminence Sales Representative must be notified immediately. The former account owner can continue to place orders, under the existing account, until the new owner takes possession. Once the change of ownership has occurred, the new owner is required to submit New Reseller Documentation. Upon review of the completed New Reseller Documentation, the former Customer Number will be closed and a new Customer Number will be established. All orders following the change of ownership will be held until the new account has been approved and opened.

Sanctions 

The Reseller is required to abide by the Terms & Conditions to maintain active account status with Eminence. If a Reseller fails to comply with any section of the Terms & Conditions, Eminence may notify the Reseller via phone, email or standard mail of the violation and reserves the right to immediately place the Reseller’s account on hold until the Reseller has come into compliance. Eminence also reserves the right to revoke the Reseller’s wholesale purchasing privileges and/or terminate the account of any Resellers in violation of any of the Terms & Conditions outlined in this policy without prior notice.

Closing Account

In its absolute discretion, Eminence may close any Reseller’s account for any reason with 10 days’ written notice, sent to the Reseller’s billing address. Any monies owing become immediately due upon account closure. Eminence retains the right to close a Reseller's account immediately, and without any prior notice, if it has cause to do so. 

Governing Law

The interpretation and enforcement of this agreement shall be governed by the laws of the province of British Columbia, Canada. This Agreement shall be construed in accordance with the laws of the province of British Columbia, Canada. The parties hereto hereby irrevocably consent that the venue of any action related to this Agreement, Reseller's relationship with Eminence, or any sales of Eminence products shall be exclusively in the province and federal courts located in British Columbia, Canada. All disputes between the parties shall be resolved exclusively under the substantive law of the province of British Columbia, Canada. 

BY SUBMITTING ANY ORDER TO EMINENCE, THE RESELLER AGREES TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OUTLINED IN THIS DOCUMENT AND IN THE EMINENCE COPYRIGHT AGREEMENT, MAP POLICY AND RETURN POLICY. These Terms and Conditions will govern all sales of Eminence products to the Reseller. 



While Eminence strives to minimize the changes to policies, terms and conditions, they are subject to change at any time upon the discretion of Eminence without notice.