Wholesale

Last updated: 1 January 2025

Thank you for your interest in becoming a Simply Nootropics wholesale partner. By placing a wholesale order or registering as a wholesale customer, you agree to the following Terms and Conditions. These terms apply to all offers, quotations, and agreements between Simply Nootropics Limited ("we", "us", or "our") and any business customer ("you", "your", or "Wholesale Partner").

These Terms shall apply to all offers, quotations, and agreements entered into between Simply Nootropics and the Wholesale Partner for the supply of goods. By submitting a wholesale application or placing an order, you are deemed to have accepted these Terms in full.

Goods are subject to availability, and Simply Nootropics is not obligated to supply any product that is out of stock. Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993, except where it is fair and reasonable to do so under the circumstances.

Any reference to legislation includes its subsequent amendments or replacements. The singular includes the plural and vice versa

• For wholesale orders, we offer free shipping to all New Zealand postal address on orders over $500. Orders under $500 will incur a flat shipping rate of $100.
• Our wholesale refund policy differs from our retail policy. Please review this refund policy carefully.
• We have a 30-day return policy on products which arrive defective or damaged from us. Other returns will be accepted in our sole discretion.
• You can contact us at hello@simplynootropics.com.
• If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. Please note that you will be responsible for the return postage fees. All refunds for orders that have already shipped are subject to a $10 restocking fee.

• When placing an order on our online wholesale store, the Business Customer must:
• Pay at the time of placing the order via credit, debit card and paypal
• All prices are in New Zealand Dollars and GST will be collected at the time of purchase.
• Any grant of credit by the Supplier to the Business Customer is at the Supplier’s sole discretion, and can be cancelled at any time without notice to the Business Customer.

Simply Nootropics reserves the right to refuse wholesale account applications or limit sales to any Wholesale Partner at our sole discretion. We may also limit product quantities, restrict delivery regions, or discontinue accounts where we see fit — including in cases of pricing violations, brand misuse, or changes in business alignment.

• The Supplier undertakes to use all reasonable endeavours to deliver the Goods within the time requested, but the time of delivery shall not be treated as a condition of sale. To the fullest extent permitted by law, and subject to these Terms, the Supplier;
• Will not be liable in any way to the Business Customer of any other party for loss resulting from delay; and
• Reserves the right to deliver the Goods in installments and each instalment shall be deemed to be a separate contract governed by these terms.
• Risk passes to the Wholesale Partner upon handover to the courier.
• Delivery shall occur when the Supplier (or a third party on instructions by the Supplier) hands possession or control of the Goods to the Business Customer (or a third party on instruction by the Business Customer) at which point the Goods shall be at the sole risk of the Business Customer.  The Supplier shall not be liable for any damage to the Goods once risk has passed.
• Subject to any returns policy expressly stated by the supplier to the Business Customer, the Business Customer shall be deemed to have accepted the Goods unless the Business Customer notifies the Supplier of damage to the Goodswithin 5 working days of delivery of the Goods to the Business Customer.
• Photographic evidence of the damage to the packaging will need to be supplied for any claims of damage during transit.

• The Business Customer represents and warrants that;
• All information provided in the Wholesale Account Application form is true, correct and complete;
• The Customer is acquiring the Goods for business purposes, and accordingly subject to the Consumer Guarantees act of these Terms, to the fullest extent permitted by law and solely to the extent is is fair and reasonable to do so: the Consumer Guarantees Act 1993 does not apply to the supply of the Goods; and
• It will notify the Supplier of any change in ownership, control, status, or management of the Business Customer.
• The above representations and warranties apply at the time of every supply of Goods under these Terms.
• Subject to the Terms and Conditions of sale, the only warranty given by the Supplier is the express warranty supplied to the Business Customer by the Supplier or the manufacturer of the Goods in respect of specified Goods.  Any such warranty may include situations that void the warranty. All other terms, conditions, warranties and representations expressed or implied, whether by operation of law, statutory or otherwise are expressly excluded (except any which may not lawfully be excluded).
• The Suppliers liability to the Business Customer under the Fair Trading Act 1986 is limited to the fullest extent permitted by law, the Business Customer agrees that it is fair and reasonable that the parties are bound by the provisions of these Terms.
• Subject to any liability that cannot be excluded by law, and the Terms and Conditions, the Suppliers total aggregate liability (whether in tort (including negligence), contract or otherwise) for any loss or damage or injury arising directly or indirectly from any defect in or non-compliance of any Goods, or any other breach of the Supplier’s obligations shall be limited to the price paid by the Business Customer for the relevant Goods. 

• Simply Nootropics (Supplier) retains all intellectual property rights relating to products, branding, and marketing materials.
• Wholesale Partners may not use Simply Nootropics brand name or trademarks in Google Ads or misleading advertising campaigns.
• Misuse of our brand may result in account termination.
• You may not use Simply Nootropics’ imagery, copy, or website content without written permission.

• All Wholesale Partners are expected to adhere to our Minimum Advertised Price (MAP) Policy, which will be provided as a separate document.
• This policy helps maintain brand integrity and consistent market pricing.
• Please review the MAP Policy and acknowledge your understanding prior to placing your first order.
• By placing your order, you acknowledge, understand and agree with our MAP.

By submitting feedback, testimonials, or content (including product photos or customer stories), you grant Simply Nootropics a royalty-free, worldwide licence to use, reproduce, and publish that content across our marketing channels.

• Wholesalers shall not sell or distribute Simply Nootropics products (a) to other wholesalers, distributors, or other resellers; (b) through third-party websites (e.g. Amazon, eBay, Walmart); or (c) by using drop-shipping or other similar selling practices. Further, Wholesalers are prohibited from, either directly or indirectly through third parties, selling or distributing Simply Nootropics products through auction services (e.g. eBay), multi-level marketing, pyramid selling, network marketing, referral marketing, or similar selling practices. Anyone that breaches these terms will be immediately removed from our wholesale program.

• The Business Customer may not assign its rights under these Terms and Conditions without the written consent of the Supplier. The Supplier may assign or transfer its rights and title under these Terms without consent of the Business Customer.
• Where any provision of these Terms becomes illegal, invalid or unenforceable the remaining provisions of the Terms will be unaffected.
• Neither party has the right to bind the other party or any other party to any agreement.
• The Business Customer consents to receive notices given pursuant to these Terms and other communications from the Supplier electronically.
• These terms shall be governed by and construed in accordance with the laws of New Zealand and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.
• Wholesalers shall not sell or distribute Simply Nootropics products: 
• to other wholesalers, distributors, or other resellers; 
• by using drop-shipping or other similar selling practices. Further, Wholesalers are prohibited from, either directly or indirectly through third parties, selling or distributing Simply Nootropics products through auction services (e.g. eBay), multi-level marketing, pyramid selling, network marketing, referral marketing, or similar selling practices.

Questions about the Terms and Conditions of Trade should be sent to us by emailing: hello@simplynootropics.com