Autumn Update & Promotional Offers - www.eurosalesinternational.ie - Eurosales International
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Dear Customer Welcome to the 1st Eurosales International Pharmacy Trade Newsletter. To old friends and new, I would like to introduce myself, my name is Padraig Stokes and I joined Eurosales as Managing Director in April this year. I have amassed a wealth of knowledge and experience in the health and beauty business over the years having worked with international success stories such as Clairol, L’Oréal, Boots Healthcare, Reckitt Benckiser and Johnson Brothers before joining the team at Eurosales. There were a number of reasons that I made the decision to join Eurosales and three distinctive factors were: • The Eurosales International team have been bringing Innovate Independent brands to Ireland successfully for the last 24 years and continue to do so with pace and swift execution. • Being a privately run Irish business, Eurosales is in a position to be quick to market with new products/ Initiatives. • Eurosales are hugely connected locally with our social network. We have been busy bees the 1st half of 2017, with a core focus on strengthening our Customer Services; this has been done by: • Introducing additional Beauty Experts in Sales, Marketing and Social Media. I am particularly delighted to announce the appointment of Karoline Kelly, as our Head of Sales. Karoline has had a substantial career to date in the pharmacy sector, including L’Oréal and Reckitt Benckiser. • Increasing the number of options available to customers to place orders with us. • Introducing new and improved technologies to our Head Office and Sales teams, to allow you see our products and services more clearly via iPads, handhelds and our soon to launch B2B website. Thankfully as the Irish Pharmacy Trade has experienced continued sales growth in the beauty products front of shop sector for the last decade, we felt it important to ensure our news is communicated to our Customers every quarter through the introduction of this newsletter to maximise this growth and enhance your experience with Eurosales. Our autumn issue inside, includes; • Self-Select Cosmetics Updates • International Trends & NPD Beauty Launches • New Innovative Brands we are introducing to Irish Shoppers • Our Brand Promotions • Display material by Brand that we have available for you • New Services for your Business – Telesales and our soon to launch new B2B E-Commerce Website and Product Catalogue • Our Terms and Conditions I hope you find the Eurosales International Newsletter informative and avail of opportunities presented for you to boost your sales in beauty in the lead up to Christmas. On behalf of the ES Team, I would like to thank you for your business and continued support over the last 24 years. We very much look forward to servicing your business over the coming months and years with many more profitable growth opportunities and I look forward to working with you all. Yours Sincerely, Padraig Stokes Managing Director * Remember to visit us at The Pregnancy & Baby Show – 7th & 8th October, RDS Dublin, MAM Stand F86B Global Brands | Local Knowledge
Self Selection Cosmetics Eurosales International Cosmetics Offering Eurosales International is renowned for being the number one independent cosmetics distributor in Ireland. Our four cosmetics offerings cater for all customer profiles from budget to prestige. We pride ourselves on delivering innovative, high quality “indie” brands to the Irish market. Through your support we have achieved huge success in the cosmetics market by being quick to market, agile and flexible, while also engaging in bespoke marketing and PR activities on a local rather than global level. We have established organic relationships with key social media influencers who are big fans of our brands. More exciting things to come down the road! NICHE PRICE PRICE NICHE KISS New York Professional: NOTE: • Inspired by Korean beauty • High quality affordable products • Professional quality at affordable prices • Products produced using ingredients that benefit the • On trend, fun, chic skin • High performing products with high quality formula • Strong pigmentation • Bold colours • Long lasting products • Target market: 21- 35 yrs • Mineral range offering • Target market: 15 - 65 yrs Wet n Wild: Sleek MakeUP: • US brand that has gone global • Premium quality at affordable prices • On Trend • Highly pigmented and high performing products • Innovative and colourful product offering at budget • Urban and Authentic prices • Cult products • Target market: Millennials and “The Selfie Generation” • Target market: 15 - 30 yrs 13 - 25 yrs www.eurosalesinternational.ie
It’s been a wild year so far! From the coolest Limited Edition collections, to the hottest summer party of the year, wet n wild has been making mega waves in the beauty world this year! With 38 new additions to our wet n wild collection since July, the range contains the most on trend products you need to create that perfect look! Events: wet n wild hosted a huge summer party in the gorgeous surroundings of Dublin’s newest Blow-dry bar Dry & Fly, with makeup artist Warren Dowdall on hand to apply makeup touch ups using the new collection. Guests were provided with lots of Instagram opportunities, fun and beauty chats. Attendees included a selection of Irish Top Influencers including Bonnie and Babs Ryan, Louise O’ Reilly- Style Me Curvy, Karen Constantine- Lovely Girlie Bits, Niamh Cullen- Behind The Braids, Aisling Murray- Dramatic MAC and Jen Morris – Too Dolly Makeup. In June wet n wild hosted a Screening for ‘Baywatch’ in Dundrum Cinema offering the perfect #girlsnightout with attendees going home with a goodie bag filled with waterproof essentials for their summer makeup bag. wet n wild® were delighted to celebrate their recent vegan approved products with some of Ireland’s top bloggers and influencers in Dublin’s famous Counter Culture. Press/Influencers: wet n wild featured regularly on our TV screens on TV3’s Xposé, and across the social media of Ireland’s top beauty bloggers and Influencers Pippa O’ Connor of Pippa.ie, Rosie Connolly, Instagram Influencer Emily Rochford and YouTuber’s Sinead Cady of The MakeUP Chair, Dramatic MAC and Eimear Mc Elheron YouTube. Awards: wet n wild was nominated in two categories in the 2017 Beaut.ie Awards, in ‘Best Brow Kit’ and ‘Best Eye Primer’ categories- winners will be announced very soon so keep your eyes peeled! Sponsorship: In May 2017 wet n wild was the official beauty sponsor for Ireland’s biggest blogger event, BloggerConf. A fun day was had by all with lots of attendees visiting the wet n wild zone for touch ups. wet n wild teamed up Suzanne Jackson to feature in the goodie bags of So Sue Me Masterclass and sponsored MUA masterclass nationwide including Aimee Connolly, Tara O’Farrell and Kate Mc Cormack. Coming Soon: We are eagerly awaiting the arrival of Limited Edition collection from wet n wild including the ‘Make Em Gelous’ and Midnight Mermaid Collection! wet n wild created hype with the Lash Renegade Influencer press drop; keep your eyes peeled for some more exciting press drops across Ireland’s top Influencers social media! Coming Soon Global Brands | Local Knowledge
Sleek MakeUP went back to basics earlier this year with the launch of the Cult Classic campaign featuring Sleek MakeUP’s best loved products. In June, Sleek stands received a makeover to include the latest product launches alongside updated visuals that reflect its new brand visual identity - a more urban and bold look. Events: Sleek MakeUP hosted a blogger brunch in April, the brunch event took place on a Sunday allowing bloggers, makeup artists and Influencers nationwide to attend, with lots of attendees from near and far it was a fun afternoon of all things makeup. In June 2017, Sleek MakeUP Ireland visited London with a selection of Ireland’s top Influencers and press to celebrate the arrival of their latest ‘Distorted Dreams’ Collection. Guests on the trip included Aisling Keenan, Former Xposé Magazine Editor and freelance journalist, Award winning’ Beauty Blogger Karen Constantine of Lovely Girlie Bits Blog, Makeup artists and social media stars Gemma Leigh and Jen of Too Dolly Makeup and Popstar and Beauty Blogger Bonnie Ryan. Awards: Sleek MakeUP Eau La La Liner picked up the Award for ‘Best Liner’ in the RSVP Magazine Beauty Awards. Press / Influencers: Sleek MakeUP has been spotted in the makeup bags of top Influencers and beauty Bloggers including Pippa O’Connor, Rosanna Davison and YouTube videos from Chloe Boucher and Sinead Cady of The Makeup Chair to name but a few! Sleek MakeUP has also featured in top Irish Glossy magazines including U Magazine and STELLAR Magazine. Sleek MakeUP also featured on TV3 Xposé and The Today Show. Sponsorship: Sleek MakeUP was the official makeup sponsor for the Irish Premiere of Miss Sloane- the ultimate ‘Girlboss’ movie starring Jessica Chastain, and sponsored the SheMazing Awards and a four page shoot in the August issue of STELLAR Magazine. Upcoming: Exciting news for Sleek MakeUP, September marks the 10 year anniversary of i-Divine Palette and the launch of the new Life Proof Foundations and Primers! We are strongly investing in adshel and radio campaigns to support both launches so keep your eyes and ears peeled! Plus we will be announcing our Sleek Secret Session programme in early October. Exciting things ahead for Sleek MakeUP! Coming Soon www.eurosalesinternational.ie
2017 has been an amazing year for NOTE Cosmetics so far - since launching in Ireland last October the brand has taken the beauty world by storm and become a firm favourite with the country’s top beauty press and influencers. Events: This year alone NOTE Cosmetics has hosted over ten hugely successful masterclasses in pharmacies around the country with top Makeup Artists Charlene Flanagan, Lisa Jordan and Tara O’Farrell. NOTE has also sponsored a variety of exciting events throughout the year such as Rosanna Davison’s series of Beauty, Food and Fitness Workshops, Just Jordan’s Makeup Masterclasses and the Shemazing! Awards, at which attendees all received NOTE products in their goodie bags! Most recently NOTE was delighted to sponsor the Beauty and The Beat Masterclass tour and feature in Aimee Connolly’s makeup demonstrations at each event. Awards: NOTE Cosmetics’ wide selection of products have proven a hit with both beauty experts and customers with one of its hero products, the NOTE Precision Eyeliner, winning Best Liquid Liner in RSVP’s Beauty Awards and NOTE being nominated as Best Makeup Newcomer in the Beaut.ie awards. Press/Influencers: NOTE has featured everywhere from IMAGE Magazine to U Magazine, Shemazing! to Her.ie, XPOSE, The Today Show and all over social media with fans including beauty bloggers such as the amazing Lisa Jordan (Just Jordan Blog), Sinead Kavanagh (The Beautiful truth), Karen Constantine (Lovely Girly Bits), Tara O’Farrell (Tara Makeup) and Grace Mongey (Faces by Grace). To celebrate its ongoing success, NOTE recently hosted a luxury press trip to the Cliff House Hotel in Waterford to thank some of NOTE’s top supporters – Lisa Jordan (Just Jordan), Sinead Kavanagh (The Beautiful Truth), Karen Constantine (Lovely Girly Bits), Charlene Flanagan (MUA), Ali Ryan (Goss.ie), Ciara Jorgensen (Shemazing!) and Klara Heron (Irish Country Magazine). Coming Soon: In addition to the NOTE Cosmetics stand, we recently launched a NOTE Cosmetics Counter Display Unit containing two top selling products, NOTE Bronzing Powder and NOTE Sunglow Foundation, which combined create the perfect glow. We are currently working with local makeup artists to agree on NPD for 2018, exciting things to come! Global Brands | Local Knowledge
KISS NY Professional eye and lip products have fast become makeup bag essentials across Ireland. Top Irish beauty sites such as Beaut.ie, Shemazing and Mummypages have reviewed the KISS NY Professional products throughout 2017 and have labeled the products as gorgeous and fool proof with multi-range effects. Press/Influencers: KISS NY Professional products are much loved among the Irish, influencer and YouTuber scene with top Irish YouTubers The Makeup Eimear McElheron (196,503 subscribers) and The Beautiful Truth (75,000 followers) featuring KISS NY Professional products regularly in their tutorials and weekly videos. KISS NY Professional products have also been put to the test by some of the most well-known Irish bloggers Lovely Girly Bits (26,200 followers), Ellen Kavanagh (33,100 followers) and Too Dolly Makeup (22,100 followers). Editor-in-chief and beauty editor of IMAGE Magazine, Melanie Morris is also a huge fan of KISS NY Professional Egoism Matte Velvet Lipstick. Events: Louise O’ Reilly of Style Me Curvy Blog attended New York Fashion week earlier this month and during her visit, she snuck in behind the scenes of Christian Siriano’s and Naeem Khan’s shows, where KISS New York Professional and KISS products were used on the models. Louise is a big fan of the brand and wore a selection lippies, face masques and lashes during her trip! She also trialed some new products we are aiming to launch in the New Year! Coming Soon: We are so excited to welcome the arrival of brand new brow products to the KISS NY Professional range, we’re sure everyone will be raving about them! Euromonitor reported in April that well-defined brows will continue to be witnessed as a major cosmetics trend into 2018 so this is definitely one to keep an eye on! In addition, we have just launched a new range of KISS New York Professional face masques, inspired by Korean Beauty, which includes 8 sheet masques and 4 hydrogel masques. These are set to be a big hit among consumers! Coming Soon www.eurosalesinternational.ie
Above The Line Support for Our Brands NOTE Cliffhouse Press Trip - May 17 P20 Punch & Pedi Party - May 17 Sleek MakeUP Distorted Dreams UK Trip - June 17 Wet n Wild Summer Launch Party - June 17 Wet n Wild Vegan Dinner - September 17 Global Brands | Local Knowledge
New to our Portfloio: Catwalk HQ tan PRODUCT OF IRELAND CRUELTY FREE NON TOXIC Now Available to Order New Lotion Launching in November! Just Jordan Lisa has huge followings on all of her social media sites & we are happy that she tried CatwalkHQ & loves it. Just a few of her pictures wearing CatwalkHQ Facebook – over 77k followers CatwalkHQ are happy to Instagram – over 95k followers Twitter – over 7k followers introduce our new Snapchat – over 45k followers Brand Ambassador Lisa www.lisajordan.ie Jordan www.eurosalesinternational.ie
International Trends & NPD Beauty Launches Korean Beauty • First K-beauty entrants were skincare focused and appealed to consumers looking for skin benefits. • Newer product lines have a playful, youthful approach appealing to younger consumers. • 80% of K-beauty is skincare and 17% is makeup. • Sales of K-Beauty products have increased by +27% between 2015 and 2016. • Sales from K-beauty manufacturers projected to increase by +16% through 2021, and additionally there will be increased innovations from US manufacturers inspired by K-beauty. The Rise of Charcoal • There is a surging interest in health & wellness, crossing all generations. • 80% of consumers say they are committed to a healthy lifestyle. • 62% of millennial women read and re-read ingredient labels before making a purchase. • Health and Wellness is retails fastest growing sector. • Health & Wellness now exceeds a $3.4B industry. • Of consumers interested in new wellness trends, 34% have used a skincare product with charcoal for detoxification. The Rise of Gen Z - The Selfie Generation • Born between 1995-2009 • Digital since birth • A visual generation • Most diverse generation in history • Diversity and inclusiveness are key values • 44% say social media is a source of inspiration for purchases • 66% shop online; however 77%in the US still prefer to make their purchases in-store Social Media • Millennial consumers get 76% of their beauty inspiration and education from social media • 37% are looking for beauty tips • 33% are looking for new products • 22% are looking for trends • Social media means beauty marketing is always available and round-the-clock. • 50% are checking social media in the middle of the night! • YouTube (38%) and Instagram (36%) drive the most purchases Global Brands | Local Knowledge
Stands and Displays www.eurosalesinternational.ie
Updated Terms and Conditions 1. INTERPRETATION (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all 1.1 Definitions. related costs and expenses (including insurance). Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in Dublin are open 4.7 If ten Business Days after the day on which the Supplier notified the Customer that the Goods for business. were ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or Conditions: the terms and conditions set out in this document as amended from time to time in otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling accordance with clause 11.3. costs, account to the Customer for any excess over the price of the Goods or charge the Customer Contract: the contract between the Supplier and the Customer for all sales and purchase of the Goods for any shortfall below the price of the Goods. in accordance with these Conditions. 4.8 If the Supplier delivers up to and including 10% more or less than the quantity of Goods ordered, Customer: the person or firm who purchases the Goods from the Supplier. the Customer may not reject them, but on receipt of notice from the Customer that the wrong Force Majeure Event: an event or circumstance beyond a party’s reasonable control. quantity of Goods was delivered, a pro rata adjustment shall be made to the Order invoice. Goods: the goods (or any part of them) set out in an Order. 4.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Order: the Customer’s order for the Goods, whether ordered online, through a sales agent or by Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other telephone or by any other means. instalment. Supplier: Eurosales International Limited, a company registered in Ireland under registration number 205996, and having its registered office at Unit 3, Ballymount Business Park, Ballymount Dublin 12. 5. REMEDIES AND DEFECTS 1.2 Interpretation: 5.1 Except as expressly stated otherwise, all warranties, conditions and representations, express or im- (a) A reference to a statute or statutory provision is a reference to such statute or provision as plied, statutory or otherwise in relation to the Goods (which are capable of being excluded lawfully) amended or re-enacted. A reference to a statute or statutory provision includes any subordi- are hereby excluded to the fullest extent permitted by law. nate legislation made under that statute or statutory provision, as amended or re-enacted. 5.2 Subject to clause 5.3, if: (b) Any phrase introduced by the terms including, include, in particular or any similar expression (a) the Customer gives notice in writing to the Supplier within seven days of delivery that some shall be construed as illustrative and shall not limit the sense of the words preceding those or all of the Goods breach any implied condition or warranty applicable thereto; and terms. (b) the Supplier is given a reasonable opportunity of examining such Goods and the examination (c) A reference to writing or written includes faxes and emails. of such Goods by the Supplier shall disclose to its satisfaction that a breach of an implied condition or warranty shall have occurred as aforesaid; and 2. BASIS OF CONTRACT (c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place 2.1 These Conditions apply to any and all Contracts to the exclusion of any other terms or conditions of business, together with a goods return docket, the Supplier shall, at its option, repair or that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice replace the defective Goods, or refund the price of the defective Goods in full. or course of dealing. 5.3 The Supplier shall not be liable for the Goods’ failure to comply with the any implied condition or 2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these warranty in any of the following events: Conditions. The Customer is responsible for ensuring that the terms of the Order submitted by the (a) the Customer makes any further use of such Goods after giving notice in accordance with Customer are complete and accurate. clause 5.2; 2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of (b) the defect arises because the Customer failed to follow the Supplier’s oral or written instruc- the Order, at which point the Contract shall come into existence. tions as to the storage, commissioning, installation, use and maintenance of the Goods or (if 2.4 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descrip- there are none) good trade practice regarding the same; tions or illustrations contained in the Supplier’s catalogues or brochures are produced for the sole (c) the defect arises as a result of the Supplier following any drawing, design or specification purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of supplied by the Customer; the Contract nor have any contractual force. (d) the Customer alters or repairs such Goods without the written consent of the Supplier; 2.5 The Customer waives any right it might otherwise have to rely on any term endorsed upon, (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal delivered with or contained in any documents of the Customer that is inconsistent with these Terms storage or working conditions; or and Conditions. (f) the Goods differ from their description as a result of changes made to ensure they comply 2.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only with applicable statutory or regulatory requirements. be valid for a period of 5 Business Days from its date of issue. 5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’. 3. GOODS 5.5 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier. The Goods are described in the Supplier’s catalogue (which may be amended from time to time by the 5.6 Notwithstanding the terms of this clause 5, the Supplier shall have no liability to the Customer in Supplier). respect of the Goods on the expiration of 12 months after the date of delivery. The Customer shall indemnify the Supplier against all damages, penalties costs and expenses to which 5.7 The Supplier shall not be obliged to accept returns of Goods which do not breach any implied the Supplier may become liable as a result of work done or the supply of Goods in accordance with the condition or warranty applicable thereto. In the event that the Supplier does accept Goods which Customer’s specifications which involves the infringement of any patents, designs, copyright, trademark or are not deemed to be damaged, there shall be a 10% handling fee payable by the Customer. trade name or other rights of confidentiality of information or industrial, commercial or intellectual property. 6. TITLE AND RISK 4. DELIVERY 6.1 The risk in the Goods shall pass to the Customer on completion of delivery in accordance with 4.1 The Supplier shall ensure that: Clause 4. (a) each delivery of the Goods is accompanied by a delivery note that shows the date of the 6.2 Title to the Goods shall not pass to the Customer until the earlier of: Order, the contract number, the type and quantity of the Goods (including the code number (a) the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other of the Goods, where applicable), special storage instructions (if any) and, if the Goods are goods that the Supplier has supplied to the Customer in respect of which payment has being delivered by instalments, the outstanding balance of Goods remaining to be delivered; become due, in which case title to the Goods shall pass at the time of payment of all such and sums; and (b) if the Supplier requires the Customer to return any packaging materials to the Supplier, that (b) the Customer resells the Goods, in which case title to the Goods shall pass to the Customer fact is clearly stated on the delivery note. The Customer shall make any such packaging ma- at the time specified in clause 6.4. terials available for collection at such times as the Supplier shall reasonably request. Returns 6.3 Until title to the Goods has passed to the Customer, the Customer shall: of packaging materials shall be at the Supplier’s expense. (a) hold the Goods as bailee for the Supplier and store the Goods separately from all other 4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location goods held by the Customer so that they remain readily identifiable as the Supplier’s proper- as the parties may agree (the “Delivery Location”) at any time after the Supplier notifies the ty; Customer that the Goods are ready. (b) not remove, deface or obscure any identifying mark or packaging on or relating to the 4.3 Delivery is completed on the completion of unloading of the Goods at the Delivery Location or to Goods; the carrier (as applicable). (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their 4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. full price from the date of delivery; The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force (d) indemnify and keep indemnified the Supplier against all loss of an damage to the Goods and Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions against any reduction in the re-sale value thereof below the price to be paid therefor by the or any other instructions that are relevant to the supply of the Goods. Customer; 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses (e) insure and keep insured the Goods in an amount at least equal to the price to be paid by incurred by the Customer in obtaining replacement goods of similar description and quality in the therefor by the Customer and hold upon trust for the Supplier absolutely all proceeds of such cheapest market available, less the price of the Goods. The Supplier shall not be liable for any insurance; failure to deliver the Goods that is caused by a Force Majeure Event or the Customer’s failure to (f) notify the Supplier immediately if it becomes subject to any of the events listed in clause 8; provide the Supplier with adequate delivery instructions or any other instructions that are relevant to and the supply of the Goods. (g) give the Supplier such information relating to the Goods as the Supplier may require from 4.6 If the Customer fails to accept delivery of the Goods within three Business Days of the Supplier time to time. notifying the Customer that the Goods are ready, then, except where such failure or delay is caused 6.4 Subject to clause 6.5, the Customer may resell or use the Goods in the ordinary course of its by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract: business (but not otherwise) before the Supplier receives payment for the Goods. However, if the (a) delivery of the Goods shall be deemed to have been completed at 9.00am on the third Customer resells the Goods before that time: Business Day after the day on which the Supplier notified the Customer that the Goods were (a) it does so as principal and not as the Supplier’s agent and shall hold all monies received by it ready; and from such sale or disposal in trust for the Supplier; and Global Brands | Local Knowledge
Updated Terms and Conditions - continued (b) title to the Goods shall pass from the Supplier to the Customer immediately before the time 9. LIMITATION OF LIABILITY at which resale by the Customer occurs. 9.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for: 6.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the (a) death or personal injury caused by its negligence, or the negligence of its employees, agents events listed in clause 8, then, without limiting any other right or remedy the Supplier may have: or subcontractors (as applicable); (a) the Customer’s right to resell the Goods or use them in the ordinary course of its business (b) fraud or fraudulent misrepresentation; or ceases immediately; and (c) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict (b) the Supplier may at any time: liability. (i) require the Customer to deliver up all Goods in its possession that have not been resold, or 9.2 Subject to clause 9.1: irrevocably incorporated into another product; and (a) the Supplier shall under no circumstances whatsoever be liable to the Customer, whether in (ii) if the Customer fails to do so promptly, enter any premises of the Customer or of any third contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of party where the Goods are stored in order to recover them. profit, or any indirect or consequential loss arising under or in connection with the Contract; and 7 PRICE AND PAYMENT (b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in 7.1 The price of the Goods shall be the price set out in the Order (once agreed with the Supplier), or, if connection with the Contract, whether in contract, tort (including negligence), breach of statu- no price is quoted, the price set out in the Supplier’s published price list in force as at the date of tory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods. delivery. 7.2 The Supplier may, by giving notice to the Customer at any time before delivery, increase the price 10. FORCE MAJEURE of the Goods to reflect any increase in the cost of the Goods that is due to: Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or (a) any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in failure to perform, any of its obligations under this Contract if such delay or failure result from a Force taxes and duties, and increases in labour, materials and other manufacturing costs); Majeure Event. If the period of delay or non-performance continues for four weeks, the party not affected (b) any request by the Customer to change the delivery date(s), quantities or types of Goods may terminate this Contract by giving 10 Business Days’ written notice to the affected party. ordered; or (c) any request by the Customer to change the delivery date(s), quantities or types of Goods 11. GENERAL ordered; or 11.1 Assignment and other dealings. any delay caused by any instructions of the Customer or failure of the Customer to give the (a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any Supplier adequate or accurate information or instructions. other manner with all or any of its rights or obligations under the Contract. 7.3 The price of the Goods: (b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over (i) excludes amounts in respect of value added tax (“VAT”), which the Customer shall additionally or deal in any other manner with any or all of its rights or obligations under the Contract be liable to pay to the Supplier at the prevailing rate, subject to receipt of a valid VAT invoice; without the prior written consent of the Supplier. (ii) includes the costs and charges of packaging, insurance and transport of the Goods unless 11.2 Entire agreement. otherwise stated (in which case these will be invoiced separately to the Customer). (a) This Contract constitutes the entire agreement between the parties and supersedes and 7.4 Any Order under the value of €100 will incur a separate delivery charge of €7.50. extinguishes all previous agreements, promises, assurances, warranties, representations and 7.5 The Supplier may invoice the Customer for the Goods on or at any time after the completion of understandings between them, whether written or oral, relating to its subject matter. delivery. (b) Each party agrees that it shall have no remedies in respect of any statement, representation, 7.6 The Customer shall pay the invoice in full and in cleared funds within 30 days from the end of assurance or warranty (whether made innocently or negligently) that is not set out in this the month that the invoice is issued in. Payment shall be made to the bank account nominated in Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresen- writing by the Supplier. Time for payment is of the essence. tation or negligent misstatement based on any statement in this Contract. 7.7 If the Customer fails to make any payment due to the Supplier under the Contract by the due 11.3 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% parties (or their authorised representatives). per annum above Bank of Ireland’s base rate from time to time. Such interest shall accrue on a 11.4 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be daily basis from the due date until actual payment of the overdue amount, whether before or after deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single judgment. The Customer shall pay the interest together with the overdue amount. or partial exercise of, any right or remedy shall not: 7.8 In the event that the Supplier needs to instruct its solicitors to recover such overdue amounts, the (a) waive that or any other right or remedy; nor Customer shall pay all legal fees and disbursements as a liquidated debt incurred by the Supplier’s (b) prevent or restrict the further exercise of that or any other right or remedy. solicitors in recovering such overdue amounts. 11.5 Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or 7.9 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, deduction or withholding (except for any deduction or withholding required by law). The Supplier legal and enforceable. If such modification is not possible, the relevant provision or part-provision may at any time, without limiting any other rights or remedies it may have, set off any amount owing shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this to it by the Customer against any amount payable by the Supplier to the Customer. clause shall not affect the validity and enforceability of the rest of this Contract. 11.6 Notices. 8. TERMINATION (a) Any notice or other communication given to a party under or in connection with this Contract 8.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immedi- shall be in writing, addressed to that party at its registered office (if it is a company) or its ate effect by giving written notice to the Customer if: principal place of business (in any other case) or such other address as that party may have (a) the Customer commits a material breach of any term of the Contract and (if such a breach is specified to the other party in writing in accordance with this clause, and shall be delivered remediable) fails to remedy that breach within 5 Business Days of that party being notified in personally, sent by pre-paid registered post or other next working day delivery service, writing to do so; commercial courier, or fax or email. (b) the Customer takes any step or action in connection with its entering into examinership, (b) A notice or other communication shall be deemed to have been received: if delivered per- provisional liquidation, liquidation or any composition or arrangement with its creditors sonally, when left at the address referred to in clause 11.6(a); if sent by pre-paid first class (other than in relation to a solvent restructuring), being wound up (whether voluntarily or post or other next working day delivery service, at 9.00 am on the second Business Day by order of the court, unless for the purpose of a solvent restructuring), having a receiver after posting; if delivered by commercial courier, on the date and at the time that the courier’s appointed to any of its assets or ceasing to carry on business or, if the step or action is delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission. taken in another jurisdiction, in connection with any analogous procedure in the relevant (c) The provisions of this clause shall not apply to the service of any proceedings or other jurisdiction; documents in any legal action. (c) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or 11.7 Confidentiality. Each party undertakes that it shall not at any time disclose to any person any a substantial part of its business; or confidential information concerning the business, affairs, customers, clients or suppliers of the (d) the Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion other party or of any member of the group to which the other party belongs. For the purposes of the Customer’s capability to adequately fulfil its obligations under the Contract has been this clause, “group” means, in relation to a party, that party, any subsidiary or holding company placed in jeopardy. from time to time of that party, and any subsidiary from time to time of a holding company of that 8.2 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods party. Each party may disclose the other party’s confidential information to its employees, officers, under the Contract or any other contract between the Customer and the Supplier if the Customer representatives or advisors who need to know such information for the purposes of exercising the becomes subject to any of the events listed in clause 8.1(a) to clause 8.1(d), or the Supplier rea- party’s rights or carrying out its obligations under or in connection with this Contract. Each party sonably believes that the Customer is about to become subject to any of them, or if the Customer shall ensure that its employees, officers, representatives or advisors to whom it discloses the other fails to pay any amount due under this Contract on the due date for payment. party’s confidential information comply with this clause 11.7. No party shall use any other party’s 8.3 Without limiting its other rights or remedies, the Supplier may terminate the Contract with imme- confidential information for any purpose other than to exercise its rights and perform its obligations diate effect by giving written notice to the Customer if the Customer fails to pay any amount due under or in connection with this Contract. under the Contract on the due date for payment. 11.8 Governing law. This Contract, and any dispute or claim (including non-contractual disputes or 8.4 On termination of the Contract for any reason, the Customer shall immediately pay to the Supplier claims) arising out of or in connection with it or its subject matter or formation, shall be governed all of the Supplier’s outstanding unpaid invoices and interest accrued thereon. by and construed in accordance with the laws of Ireland. 8.5 Termination of the Contract shall not affect any of the parties’ rights and remedies that have 11.9 Jurisdiction. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdic- accrued as at termination, including the right to claim damages in respect of any breach of this tion to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in Contract that existed at or before the date of termination. connection with this Contract or its subject matter or formation. 8.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. www.eurosalesinternational.ie
B2B E-C ommerc Website e and Product Catalogu Coming e Soon! Contact area sales managers for more information AREA MANAGERS Grainne Maughan 086 253 9556 grainne@eurosalesinternational.ie Clare, Galway, Leitrim, Longford, Mayo, Roscommon, Sligo, Westmeath Keith Mitchell +44 078 95414084 kmitchell@eurosalesinternational.ie Antrim, Armagh, Cavan, Derry, Donegal, Down, Fermanagh, Monaghan, Tyrone Mark Keane 086 234 4408 mark.keane@eurosalesinternational.ie Cavan, Dublin, Louth Helen Fallon 087 961 6125 helenf@eurosalesinternational.ie Carlow, Kildare, Laois, North Tipperary, Meath, Offaly Sandra Cheung 01 405 0900 sandra@eurosalesinternational.ie Telesales Suzanne Cooney 087 210 5126 suzanne@eurosalesinternational.ie Dublin South, Kilkenny, Waterford, Wexford, Wicklow Trevor Lysaght 087 352 2979 trevor@eurosalesinternational.ie Cork, Kerry, Limerick, South Tipperary, Waterford Eurosales International Ltd., Unit 3, Ballymount Business Park , Dublin 12, Ireland T: +353 (0)1 450 7771 | Fax: +353 (0)1 450 7795 Email: info@eurosalesinternational.ie Web: www.eurosalesinternational.ie
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