Terms of service

Last updated: September 10, 2026

Overview

Welcome to ESK Wholesale.

This website and online store are operated by ESK Care Pty Limited, trading as ESK Wholesale ("ESK", "we", "us" or "our").

We operate this website and all related information, content, features, tools, products and services (collectively, the "Services") primarily for wholesale and business customers.

Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service ("Terms"), together with our Privacy Policy, Refund Policy, Shipping Policy and any other terms or policies referred to in these Terms, govern your access to and use of the Services and your purchase of products from us.

Please read these Terms carefully before using the Services, creating a wholesale account or placing an order.

By accessing or using the Services, creating an account or placing an order, you agree to be bound by these Terms.

If you do not agree to these Terms, you should not access or use the Services.

1. Business Customers and Eligibility

The Services are intended primarily for customers purchasing ESK products for legitimate business, professional or commercial purposes.

By creating an account, placing an order or otherwise using the Services, you represent and warrant that:

  • you are at least 18 years old and have legal capacity to enter into a binding agreement;
  • you are purchasing in connection with a business, trade or profession;
  • where you act on behalf of a company, clinic, practice, retailer, partnership or other organisation, you have authority to bind that organisation to these Terms;
  • all information you provide to us is accurate, current and complete; and
  • your use of the Services and any resale or professional use of our products will comply with applicable laws and regulations.

We reserve the right to approve or decline applications for wholesale accounts.

We may request reasonable information or documentation to verify your business or eligibility for wholesale access.

Unless otherwise agreed with us in writing, our wholesale Services and wholesale pricing are not intended for purchases made primarily for personal, family or household purposes.

2. Accounts

Certain parts of the Services may only be available to approved wholesale customers.

You are responsible for:

  • keeping your account information accurate and up to date;
  • maintaining the confidentiality and security of your account credentials;
  • restricting unauthorised access to your account; and
  • activity conducted through your account unless caused by our breach of duty.

You must notify us promptly if you believe your account has been accessed or used without authorisation.

You must not sell, transfer, assign, licence or otherwise provide your account to another person or business without our prior written consent.

We may suspend, restrict or terminate a wholesale account where we reasonably believe:

  • information provided to us is false, incomplete or misleading;
  • the account has been used fraudulently or without authorisation;
  • you have materially breached these Terms or another applicable agreement with ESK;
  • continued access creates a legal, security or commercial risk; or
  • you no longer meet our wholesale eligibility requirements.

3. Products

We take reasonable care to ensure product descriptions, images and other information displayed through the Services are accurate.

However, product packaging, appearance, colour and presentation may vary from images displayed online due to photography, screen settings, packaging updates, manufacturing changes or other reasonable factors.

Product images are provided for illustrative purposes.

We may update product descriptions, packaging, formulations, specifications or other product information from time to time, subject to applicable law.

We reserve the right to discontinue products, limit quantities or restrict product availability.

Any product directions, warnings, precautions or storage instructions provided on the product, packaging or accompanying material should be followed.

Nothing in these Terms excludes any right or remedy that cannot lawfully be excluded, including any applicable rights under the Australian Consumer Law.

4. Wholesale Orders

When you submit an order through the Services, you make an offer to purchase the products included in that order.

An automated acknowledgement of your order does not necessarily constitute acceptance.

A binding contract for the relevant products is formed when we accept your order, including when we confirm acceptance or dispatch the products, whichever occurs first.

We may decline, limit or cancel an order before acceptance where reasonably necessary, including where:

  • a product is unavailable;
  • there is an error in pricing or product information;
  • payment cannot be authorised or processed;
  • we reasonably suspect fraud or unauthorised activity;
  • the order exceeds applicable quantity limits;
  • the order does not meet our wholesale requirements;
  • we cannot deliver to the requested destination; or
  • fulfilling the order would breach applicable law.

If we cancel an order after payment has been received, we will refund the amount paid for any products that we do not supply.

Please review your order carefully before submitting it. Once an order has been accepted or entered fulfilment, we may be unable to change or cancel it.

Returns, refunds and exchanges are governed by our Refund Policy and any rights that cannot lawfully be excluded.

5. Resale and Distribution

Products purchased through ESK Wholesale may be purchased for legitimate resale or professional business use, subject to these Terms and any separate distribution, reseller or wholesale terms agreed with us.

You must not:

  • resell ESK products in breach of applicable law;
  • alter, remove, cover or replace product labels, ingredient information, batch numbers, expiry information, safety information or packaging without our written approval;
  • make false, misleading, deceptive or unauthorised claims about ESK or its products;
  • make therapeutic, medical or other regulated claims that are not authorised by ESK or permitted by applicable law;
  • represent yourself as ESK, an employee of ESK or an authorised agent of ESK unless we have expressly authorised you to do so;
  • sell counterfeit, tampered with, damaged, expired or otherwise altered ESK products;
  • knowingly resell products that have been stored or handled contrary to product requirements;
  • use ESK intellectual property in connection with counterfeit or unauthorised goods; or
  • export, distribute or resell products into territories or through sales channels prohibited by applicable law or any written distribution restrictions agreed with us.

Any separate distribution, reseller or wholesale agreement between you and ESK will apply in addition to these Terms.

If a separate written agreement conflicts with these Terms, that agreement will prevail to the extent of the inconsistency.

6. Prices, GST and Payment

Prices, discounts and promotions may change from time to time.

Unless otherwise stated, the price applicable to an order will be the price displayed when the order is submitted.

Where applicable, GST will be included or added as indicated on the Services, at checkout or on the relevant invoice.

Shipping, handling and any other applicable charges will be displayed or otherwise communicated where applicable.

You agree to provide accurate and complete billing, payment and account information.

By providing payment information, you confirm that you are authorised to use the selected payment method.

Payment must be made in accordance with the terms displayed at checkout, stated on your invoice or otherwise agreed with us in writing.

Where ESK has separately approved credit or other payment terms for your account, those terms will apply.

We may correct genuine pricing, calculation or typographical errors.

If an obvious pricing error materially affects your order, we may contact you before fulfilling the affected products and give you the option to proceed at the correct price or cancel those products.

7. Promotions and Discounts

From time to time, we may offer promotional pricing, discount codes, gifts, samples or other promotional offers.

Promotions may be subject to separate terms, eligibility requirements, dates, quantity limits or restrictions.

Unless otherwise stated:

  • promotions cannot be combined;
  • promotional codes have no cash value;
  • promotions apply only during the stated promotional period; and
  • promotional offers may not be transferred, resold or used fraudulently.

If specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

8. Shipping and Delivery

Shipping and delivery are subject to our Shipping Policy and any delivery information provided during checkout.

Any stated delivery timeframe is an estimate unless we expressly agree otherwise in writing.

We will take reasonable steps to meet estimated delivery timeframes but will not be responsible for delays resulting from circumstances outside our reasonable control.

You are responsible for providing complete and accurate shipping and delivery information.

If delivery cannot be completed because the information you provided is incorrect or incomplete, you may be responsible for reasonable additional delivery, storage or redelivery costs.

Unless otherwise agreed in writing, risk in the products passes to you upon delivery to the address specified in your order.

Title to the products passes to you once we have received payment in full for those products.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded.

9. Inspection, Shortages and Damaged Products

You should inspect your order promptly after delivery.

If products arrive damaged, defective, incorrect or incomplete, please contact us as soon as reasonably practicable and provide:

  • your order number;
  • details of the affected products;
  • a description of the issue; and
  • photographs or other information reasonably required to assess the claim.

Prompt notification helps us investigate delivery damage, shortages or other order issues.

Returns, replacements, refunds and credits are subject to our Refund Policy and applicable law.

Nothing in these Terms limits any rights or remedies available under the Australian Consumer Law where those rights apply.

10. Product Storage and Handling

You are responsible for appropriately storing, handling, displaying and reselling products after delivery.

Products must be stored and handled in accordance with:

  • instructions appearing on the product or packaging;
  • applicable temperature, storage and safety requirements;
  • applicable laws and regulations; and
  • reasonable product guidance provided by ESK.

You must not knowingly sell or distribute products that are expired, damaged, contaminated, recalled, improperly stored or otherwise unsuitable for sale.

To the extent permitted by law, ESK will not be responsible for deterioration, contamination, damage or loss caused by improper storage, handling, alteration or use after delivery.

11. Product Information and Professional Responsibility

Information provided through the Services is intended for general product and educational purposes.

Unless expressly stated otherwise, it is not intended to replace professional medical advice, diagnosis or treatment.

Clinics, practitioners and other professional purchasers remain responsible for determining how ESK products are recommended, supplied or used within their own professional practice and for complying with any laws, professional standards, registrations or licensing requirements applicable to their activities.

You must not alter or misrepresent ESK product information or make false, misleading, deceptive or otherwise unlawful claims regarding ESK or its products.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified.

Depending on the circumstances of a transaction, certain protections under the Australian Consumer Law may apply even where the purchaser is a business.

Certain Australian Consumer Law protections may not apply where goods are acquired for resupply or in other circumstances excluded by law.

Where the Australian Consumer Law permits liability to be limited for a failure to comply with a statutory guarantee, any limitation under these Terms applies only to the extent permitted by law.

13. Intellectual Property

All intellectual property rights relating to the Services and ESK brand, including trademarks, trade names, logos, product names, text, photographs, graphics, videos, website content, designs and other materials, belong to ESK, its affiliates or its licensors.

These rights are protected by applicable Australian and international intellectual property laws.

Your wholesale relationship with ESK does not transfer ownership of ESK intellectual property to you.

Approved wholesale customers may use ESK product names, approved images and other authorised brand materials solely for the legitimate promotion and resale of genuine ESK products, subject to any brand guidelines or other requirements provided by ESK.

You must not, without our prior written permission:

  • materially alter approved ESK brand materials;
  • register or attempt to register an ESK trademark, business name, domain name or social media account;
  • use ESK intellectual property in a misleading or deceptive manner;
  • imply sponsorship, endorsement or affiliation beyond the relationship actually authorised by us;
  • reproduce or commercially exploit substantial portions of the Services; or
  • use ESK intellectual property in connection with counterfeit, unauthorised or competing products.

We may withdraw permission to use ESK brand materials where reasonably necessary to protect our intellectual property, reputation or legal rights.

14. Website Use

You may use the Services only for lawful purposes.

You must not:

  • use the Services in breach of any applicable law;
  • attempt to gain unauthorised access to the Services or another person's account;
  • introduce viruses, malware or harmful code;
  • interfere with the security, availability or operation of the Services;
  • collect personal information about other users without lawful authority;
  • impersonate another person or organisation;
  • use the Services to distribute spam or unlawful communications;
  • scrape, extract, copy or reproduce substantial portions of the Services without permission; or
  • use automated systems in a manner that materially interferes with the operation, security or availability of the Services.

We may suspend or restrict access where reasonably necessary to protect our Services, customers or business.

15. Automated Systems and Agents

If you use an automated agent, bot, artificial intelligence system or other automated technology to access or interact with the Services, that technology must:

comply with these Terms;

  • identify itself where reasonably requested;
  • not circumvent CAPTCHA, access controls, rate limits or other security measures;
  • not conceal automated activity for the purpose of defeating security controls; and
  • not access the Services where we have expressly instructed the system or operator not to do so.

We may use technical measures to restrict automated access that violates these Terms or materially interferes with the Services.

16. Third-Party Services and Links

The Services may contain links to, integrations with or functionality provided by third parties.

We do not control third-party services and are not responsible for their availability, content, security or practices.

Your use of a third-party service may be subject to that provider's own terms and privacy policy.

You should review the relevant third-party terms before using their services.

17. Relationship With Shopify

ESK Wholesale is powered by Shopify, which provides ecommerce technology that enables us to operate the Services.

Any purchase of ESK products through our store is made directly between you and ESK Care Pty Limited.

Shopify is not the seller of ESK products and is not responsible for fulfilling your orders or providing the products purchased from us.

Certain Shopify functionality may also be subject to Shopify's own terms and policies.

18. Privacy

Our collection, holding, use and disclosure of personal information are governed by our Privacy Policy:

https://evidenceskincare-esk.com.au/policies/privacy-policy

Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy terms.

Please review our Privacy Policy for more information about how we handle personal information.

19. Feedback and Reviews

If you submit a product review, testimonial, photograph, suggestion, idea or other content to us ("Feedback"), you represent that you have the necessary rights to provide that Feedback.

You grant ESK a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, publish, adapt and display the Feedback in connection with operating, improving and promoting ESK and its products, subject to applicable law and our Privacy Policy.

You must not submit Feedback that:

  • infringes another person's intellectual property or privacy rights;
  • is knowingly false or misleading;
  • is defamatory, unlawful, abusive or obscene;
  • contains malware or harmful code; or
  • falsely represents your identity or relationship with ESK.

Where you received payment, free products, discounts or another benefit in connection with Feedback, you must disclose that relationship where required by law.

20. Errors and Availability

We take reasonable steps to maintain accurate information on the Services, but errors or omissions may occasionally occur.

We may correct errors relating to product descriptions, availability, pricing, promotions, delivery charges or other information.

If an error materially affects an order you have already submitted, we will take reasonable steps to notify you and, where appropriate, offer a correction, cancellation or refund.

21. Product Recalls and Safety

If ESK notifies you of a product recall, safety issue, withdrawal or other corrective action, you agree to reasonably cooperate with ESK and follow applicable instructions.

This may include:

  • immediately stopping the sale or distribution of affected products;
  • isolating affected inventory;
  • providing reasonable information about affected stock or distribution;
  • communicating required information to customers where applicable; and
  • returning, destroying or otherwise dealing with affected products as directed.

Nothing in this section requires you to act contrary to applicable law.

22. Suspension and Termination

We may suspend or terminate your wholesale account or access to the Services where reasonably necessary, including if:

  • you materially breach these Terms;
  • you fail to pay amounts properly due;
  • we reasonably suspect fraud or unlawful activity;
  • your activity creates a legal or security risk;
  • you misuse ESK intellectual property;
  • you make misleading or unauthorised claims about ESK products;
  • you cease to satisfy our wholesale eligibility requirements; or
  • we are required to do so by law.

Where reasonably practicable, we will provide notice before suspension or termination.

Termination does not affect any rights or obligations that arose before termination, including outstanding payment obligations.

Provisions that by their nature should continue after termination will remain in effect.

23. Events Outside Our Reasonable Control

Neither party will be liable for delay or failure to perform an obligation where the delay or failure results from circumstances outside that party's reasonable control.

Such circumstances may include natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, industrial disputes, government action, carrier disruption, interruption of utilities or telecommunications, cyber incidents affecting third-party infrastructure or significant supplier disruption.

This section does not excuse payment obligations for products already supplied.

24. Warranties

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by law, and except for rights that cannot lawfully be excluded, ESK does not provide warranties or representations beyond those expressly stated in these Terms or separately provided by us in writing.

We do not warrant that the website or Services will always be uninterrupted, error-free or available.

Temporary interruptions may occur because of maintenance, technical issues or circumstances outside our reasonable control.

25. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any liability, right or remedy where doing so would be unlawful.

Subject to the preceding paragraph and to the maximum extent permitted by law, ESK will not be liable for any indirect, special or consequential loss, or for:

  • loss of profit;
  • loss of revenue;
  • loss of business;
  • loss of anticipated savings;
  • loss of opportunity;
  • loss of goodwill; or
  • loss arising from business interruption,

arising out of or in connection with the Services, these Terms or products purchased through the Services.

To the extent permitted by law, ESK's aggregate liability arising out of or relating to a particular order will not exceed the amount paid to ESK for the products giving rise to the claim.

Any exclusion or limitation in these Terms applies only to the maximum extent permitted under applicable law, including the Australian Consumer Law.

26. Indemnity

To the maximum extent permitted by law, you agree to indemnify ESK against reasonable third-party claims, liabilities, damages, costs and expenses arising directly from:

  • your material breach of these Terms;
  • your unlawful resale, distribution, marketing, alteration or use of ESK products;
  • false, misleading or unauthorised claims made by you about ESK or its products;
  • your infringement of another person's intellectual property or other legal rights;
  • your negligence or wilful misconduct; or
  • your violation of applicable law.

This indemnity will not apply to the extent that the relevant loss was caused by ESK's negligence, wilful misconduct or breach of these Terms.

We will take reasonable steps to notify you of a claim for which we seek indemnification and will provide reasonable information necessary for you to understand the claim.

27. Confidentiality

Through your wholesale relationship with ESK, you may receive information that is confidential or commercially sensitive, including wholesale pricing, unreleased product information, promotional plans or other non-public business information.

You must not disclose or use confidential information except:

  • as reasonably required for your authorised wholesale relationship with ESK;
  • with our prior written consent; or
  • where disclosure is required by law.

This obligation does not apply to information that becomes publicly available through no breach of these Terms or that you independently and lawfully obtain without an obligation of confidentiality.

28. Unfair Contract Terms

Nothing in these Terms is intended to exclude or restrict protections relating to unfair contract terms that apply under the Australian Consumer Law.

Where these Terms constitute a standard form contract and the applicable unfair contract terms protections apply to you, these Terms are intended to operate subject to those protections.

29. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable where legally possible.

If modification is not possible, the affected provision will be severed.

The remaining provisions will continue in full force and effect.

30. Waiver

If we do not immediately exercise or enforce a right under these Terms, that does not mean we waive that right.

A waiver relating to one breach does not constitute a waiver of a later breach.

31. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any additional terms expressly incorporated into an order or otherwise agreed between us, constitute the agreement governing your use of the Services and purchases through the wholesale store.

If you have entered into a separate written distribution, reseller, credit or other commercial agreement with ESK, that agreement applies in addition to these Terms and will prevail to the extent of any inconsistency.

32. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of the relevant business or assets, provided that doing so does not materially reduce your rights relating to an existing order.

33. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to them are governed by the laws of New South Wales, Australia.

You and ESK submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts having jurisdiction to hear appeals from them.

Nothing in this section limits any right to bring proceedings in another jurisdiction where applicable law gives a party that right.

34. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, products, business practices, technologies, legal requirements or other operational reasons.

The latest version will be published on this website with an updated "Last updated" date.

Changes will generally apply to use of the Services and orders placed after the updated Terms take effect.

Where required by law, we will provide appropriate notice of material changes.

35. Contact Information

If you have questions about these Terms, please contact us:

ESK Care Pty Limited
Trading as ESK Wholesale

Email: info@eskcare.com

Phone: 1300 884 875

Address:
13 Baker Street
Banksmeadow NSW 2019
Australia