1. Chocolates by Tomes wishes to create a network of sales people who successfully sell our products and from those sales are able to either supplement  their income or completely sustain their lifestyle.

2. To qualify for wholesale prices for this scheme, the minimum order amount is R1500 including Vat.

3. Please note this price does not include any transport costs.

4. You may retail at any price, however, bear in mind that we will retail at the retail price advertised.

5. Our retail price will be subject to inflationary and raw ingredient price rises from time to time. We shall notify you of any price increases.

6. All orders must be paid for prior to collection or delivery.

7. Once the products have left the factory, storage is the responsibility of the person ordering and it is recommended that said storage must be hygienic, free of pests and have air conditioning and/or be cool enough to store chocolate.

8. You may sell to whomever you wish, however, if you approach retail stores, whether national or local, you must advise us timeously and take note of the provided separate terms that will apply in these circumstances.

9. Returns will only be accepted if there is a fault solely due to a defect in manufacturing.

10. Once a product has left the factory premises, unless Point 9 above applies, no product may be returned and no refunds will be provided unless it can be justified under the Consumer Protection Act 68 of 2008.

11. If you order and fail to collect at all, a refund will be made less an administration fee of R500. No refund will be paid until the administration fee has been paid.

12. If an order has not been collected and remains unpaid for 5 days, unless alternative collection arrangements have been made, your order will be cancelled.

13. Where alternative collection arrangements have been made the products will be retained until close of business of that day, after which the order will be cancelled.

14. We warrant that the items we produce are fit for human consumption, match the product description and are manufactured in a hygienic and food safe environment.

15. Chocolates by Tomes’ manufacturing premises are certified to make food products.

16. If a customer demands a refund for products you have sold and the product is not defective either through our manufacturing process or through your conduct with the product, whether you decide to refund is up to you.

17. Bear in mind that where there is no defect, such products may not be re-sold.

18. On placing your order, you accept these terms and conditions.

 

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Terms and Conditions Relating to National and Local Retailers

 

1. If you wholesale to a national or a local chain of retailers, whether it is one or more than one outlet of this retailer; or, if you wholesale to a local retailer consisting of only one retail outlet, these rules will apply to those sales.

2. The number of outlets you supply is immaterial.

3. When you wholesale to such outlets, you are required to let us have the name of the outlet or outlets and the relevant contact details of the person you are dealing with.

4. Please note, such retailers may demand food safe storage facilities.

5. They will also at some stage contact us directly looking for better wholesale prices and depending on volume, we may be able to offer better wholesale pricing than you can.

6. Indeed, it may be the case that to retain the order and depending on volume, the retailer will only continue to do business if we offer better pricing .

7. For small volume orders, it is likely that the additional cost of transport will mean your wholesale price will be unbeatable, we have tried to configure the pricing structure to provide this advantage to you.

8. However where volumes are significant, it is likely we will be able to offer a better price.

9. If merchandised correctly, orders from these retailers are likely to be continuous, generating repeat sales.

10. Clearly, as you have worked hard to generate the sale, it would be unfair of us not to reward you for the sale.

11. Therefore for such orders we have developed a commission system. It is for this reason that we ask that you advise us of the contact details for the retail outlet. If we don’t know you have generated the sale we can’t reward you.

12. The commission structure will be based on volume and will be discussed with you separately.

13. We will invoice the sale and send the products directly to the store(s).

14. We will forward a copy of this invoice to you.

15. Upon receipt of payment, we will pay you the commission for the sale.

16. Initially, the commission may be less than you originally earned for the sale but if offered better wholesale prices, the outlet is likely to continuously order, the price point of the product will not be so high as to discourage sales and you will receive continuous commission on all orders paid.

17. If payment is not received, we will bear the loss but we may ask that you check on the outlet to see why payment has not been made. In this case commission will also not be paid until we receive payment.

18. You will also be obligated to ensure the product or products are being merchandised correctly. Such checks will ensure sales volumes remain constant.

19. On placing your order you accept these terms and conditions.