TERMS OF TRADE
The following terms and conditions are applicable to the provision of the products supplied by Foxglow Cosmetics (Foxglow Limited). No other terms, conditions or deviations from these terms and conditions shall be binding unless accepted in writing by both parties. In the event of a conflict between these terms and conditions and any accompanying documentation, the terms and conditions of the accompanying documentation shall prevail. 1. Payment Upon ordering products from Foxglow ($150 Minimum Order), all invoices will be processed with payment due the following 20th, or either made via our website www.foxglowcosmetics.com, with payment upfront or via Laybuy, Part- pay, Oxipay, Afterpay or any other third party payment. You acknowledge and understand if your payment is made via a third party you are required to abide by their terms and conditions. All invoices for progress payments will be prepared to meet the provisions of Foxglow. All invoices issued pursuant to the contract shall be in the form of a payment claim. The customer is hereby put on notice of the requirements of the payment terms and the issuing of payment schedules. Foxglow reserves the right to charge interest on all overdue accounts at the daily rate of 1.75 times Foxglow’s bank total overdraft interest rate from the due date for payment until the date when payment is actually made and all expenses and costs (including legal costs as between solicitor and client and debt collection fees) incurred by Foxglow in obtaining or attempting to obtain a remedy for the failure to pay. The customer may not deduct or withhold any amount (whether by way of a set-off, counterclaim or other-wise) from any money owing to Foxglow. Receipt of a cheque, online payment, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full. Failure by Foxglow to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Foxglow has under this contract. 2. Personal Guarantee In consideration for Foxglow agreeing to provide products at the request of the customer, where the customer is a company or trust, the directors or trustees signing this contract also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Foxglow the payment of any and all monies owed by the customer to Foxglow and indemnify Foxglow against non-payment by the customer. 3. Governing Law The within terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and/or Australia and the parties shall submit to the exclusive jurisdiction of the New Zealand Courts and/or Australian Courts. BY TICKING THE BOX AND SUBMITTING THIS FORM YOU ACCEPT THE TERMS AND CONDITIONS HEREIN FOR ALL CURRENT AND FUTURE ORDERED PRODUCTS PROVIDED BY FOXGLOW COSMETICS (FOXGLOW LIMITED).