Wholesale Terms & Conditions
These Wholesale Terms & Conditions apply to all wholesale purchases of Neck’s Best Thing products (“NBT”, “we”, “us” or “our”).
By placing a wholesale order with Neck’s Best Thing, the wholesale customer (“Stockist”, “you” or “your”) agrees to the following Terms & Conditions.
1. Wholesale Accounts
Wholesale purchasing is available to approved businesses, clinics, health professionals and retailers at the discretion of Neck’s Best Thing.
Approval of a wholesale account does not create an exclusive territory or guarantee ongoing supply.
Neck’s Best Thing reserves the right to approve, decline, suspend or close a wholesale account where reasonably necessary, including where these Wholesale Terms & Conditions are not being followed.
2. Wholesale Pricing
Wholesale pricing is supplied directly to approved Stockists and is confidential.
All prices are in New Zealand dollars and include GST unless otherwise stated.
Neck’s Best Thing may provide a Recommended Retail Price (RRP) for its products. This is a recommendation only, and Stockists remain responsible for determining their own retail selling prices.
Wholesale pricing and RRP may be updated from time to time. Where practicable, we will provide reasonable notice of significant wholesale price changes.
3. Minimum Orders
Our standard minimum wholesale order is three (3) units unless otherwise agreed with Neck’s Best Thing.
Minimum quantities may vary for particular products, new releases, promotional products or special wholesale offers.
4. Orders & Product Availability
All wholesale orders are subject to stock availability.
An order is not guaranteed until it has been accepted by Neck’s Best Thing.
If an item is unavailable or on backorder, we will contact you regarding expected availability or alternative arrangements.
We reserve the right to limit quantities where stock availability requires us to do so.
5. Payment Terms
Wholesale stock will be supplied and an invoice issued by Neck’s Best Thing.
Payment is due within seven (7) days of the invoice date.
Invoices must be paid in full by the due date using the payment details provided on the invoice.
If an invoice becomes overdue, Neck’s Best Thing reserves the right to place any further wholesale orders or deliveries on hold until the outstanding account has been paid.
Where an account is repeatedly overdue, we reserve the right to withdraw seven-day payment terms and require payment prior to dispatch for future orders.
Any reasonable costs incurred in recovering a significantly overdue account may be payable by the Stockist where permitted by law.
6. Shipping & Delivery
Wholesale freight is charged on a per-item basis as follows:
* North Island: $4.00 per item
* South Island: $2.00 per item
These freight rates apply unless an alternative shipping arrangement or rate has been agreed directly with Neck’s Best Thing.
Wholesale orders are dispatched via NZ Post using a tracked courier service.
Freight charges will be added to the wholesale invoice.
Neck’s Best Thing reserves the right to amend its wholesale freight rates if NZ Post courier charges, fuel surcharges, delivery costs or other circumstances affecting freight costs change.
If the applicable freight rate for your order differs from the standard rates above, we will contact you in advance and advise you of the revised freight charge before dispatching the order.
We will take reasonable care when packing and dispatching wholesale orders but cannot guarantee courier delivery timeframes once an order has been collected by NZ Post.
Please notify us promptly if an order arrives damaged, incomplete or appears to have been lost in transit so that we can investigate.
7. Wholesale Returns & Customer Returns
All wholesale sales are final.
Neck’s Best Thing does not offer change-of-mind, comfort, trial-period or money-back returns on products purchased at wholesale.
A Stockist may not return a product to Neck’s Best Thing for a wholesale refund or credit because:
* the Stockist’s customer has changed their mind;
* the customer does not find the product comfortable or suitable for their personal preference;
* the customer wishes to return the product after trying or using it;
* the Stockist has chosen to refund or exchange the product for their customer;
* stock has not sold or is no longer required; or
* the Stockist has over-ordered.
Any return, trial period, comfort guarantee or change-of-mind policy that a Stockist chooses to offer its own customers is entirely at the Stockist’s discretion and cost. Neck’s Best Thing will not reimburse, refund or credit the Stockist for these returns.
Where a Stockist chooses to refund a customer because the customer does not like, cannot get comfortable with or simply does not wish to keep a product, the original wholesale purchase remains payable and will not be refunded or credited by Neck’s Best Thing.
This is separate from a genuine product fault or defect. If a Stockist or their customer believes a product is faulty, defective or damaged, the Stockist should contact Neck’s Best Thing so the issue can be assessed and an appropriate remedy provided where required.
Nothing in this section is intended to exclude any rights or remedies that cannot lawfully be excluded under New Zealand law.
8. Faulty or Damaged Products
We stand behind the quality of our products.
If you receive an item that you believe has a manufacturing fault or was damaged before or during delivery, please contact us as soon as reasonably possible and provide the product and quantity affected, a description of the issue, photographs or video where appropriate, and the relevant order or invoice information.
We may request that the product be retained or returned for assessment.
Where a product is confirmed to be faulty, we will provide an appropriate remedy in accordance with applicable New Zealand law.
Normal wear and tear, accidental damage, misuse, failure to follow product instructions or damage occurring after supply is not considered a manufacturing fault.
9. Product Information & Customer Guidance
Stockists must provide customers with accurate information regarding Neck’s Best Thing products and, where relevant, encourage customers to follow the instructions supplied with the product.
Product information supplied by Neck’s Best Thing may be updated from time to time. Stockists should use current information when advertising, recommending or discussing our products.
10. Health & Medical Claims
Stockists must not make medical, therapeutic or health claims about Neck’s Best Thing products that have not been authorised or supplied by Neck’s Best Thing.
Health professionals remain responsible for their own professional advice, clinical recommendations and obligations to their patients or clients.
11. Branding, Images & Marketing Material
Approved Stockists may use Neck’s Best Thing product names, approved product images, descriptions and marketing materials for the purpose of promoting genuine Neck’s Best Thing products purchased from us.
Our trademarks, branding, photographs, videos, written content, packaging and other intellectual property remain the property of Neck’s Best Thing or the relevant rights holder.
Content supplied by Neck’s Best Thing must not be materially altered in a way that misrepresents our products or brand.
Our content must not be used to advertise competing or imitation products.
If your wholesale relationship with Neck’s Best Thing ends, you must stop representing yourself as an authorised Neck’s Best Thing Stockist.
12. Online & Third-Party Sales
Wholesale approval does not automatically authorise resale through third-party marketplaces or other sales channels not disclosed to Neck’s Best Thing.
Products must not be listed on Trade Me, Amazon, eBay or similar third-party marketplaces without prior written approval from Neck’s Best Thing.
If you wish to sell our products through an additional website, marketplace or business entity, please contact us first.
13. Product Alteration & Repackaging
Neck’s Best Thing products must be sold in their original condition and, where applicable, with the instructions, warnings and packaging supplied with them.
Products must not be modified, relabelled, repackaged or represented as another brand without our prior written approval.
14. Promotions & Discounting
Stockists may run their own promotions subject to applicable New Zealand law.
Neck’s Best Thing branding must not be used in a way that suggests a promotion, discount, clearance or campaign is being run or endorsed by Neck’s Best Thing unless we have approved this.
From time to time, Neck’s Best Thing may run promotions through our own retail channels. Wholesale pricing is separate from our direct-to-consumer promotional activity unless expressly stated otherwise.
15. Confidentiality
Wholesale pricing, wholesale-only offers and other commercially sensitive information supplied to Stockists must not be publicly published or shared with third parties unless authorised by Neck’s Best Thing.
16. Resale of Products
Wholesale products supplied by Neck’s Best Thing are for resale through the approved Stockist’s business.
Stockists must not supply Neck’s Best Thing products to another reseller, distributor or wholesaler without prior written approval.
17. Ending a Wholesale Relationship
Either party may choose to end the wholesale relationship.
Neck’s Best Thing may immediately suspend or terminate wholesale supply where there has been a serious breach of these Terms & Conditions, misuse of our brand or intellectual property, unauthorised claims about our products, non-payment, or conduct that may reasonably damage Neck’s Best Thing or its reputation.
Ending the wholesale relationship does not remove any outstanding payment obligations.
18. Changes to These Terms
Neck’s Best Thing may update these Wholesale Terms & Conditions from time to time to reflect changes to our products, business practices, pricing or legal obligations.
The version applicable to an order will generally be the version provided or made available at the time that order is placed.
19. New Zealand Law
These Wholesale Terms & Conditions are governed by New Zealand law.
Where the Stockist is acquiring products in trade, the parties agree that the Consumer Guarantees Act 1993 does not apply to the wholesale transaction to the extent that it is lawful and fair and reasonable for the parties to contract out of the Act.
Nothing in these Terms & Conditions is intended to exclude or limit any right or obligation that cannot lawfully be excluded.
20. Contact
For wholesale orders, product questions, faults or account enquiries, please contact Neck’s Best Thing through our usual wholesale contact channels.
Neck’s Best Thing
Rangiora, New Zealand
By placing a wholesale order with Neck’s Best Thing, the Stockist confirms that they have read and accepted these Wholesale Terms & Conditions.