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 in the United States.

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

These Terms of Service ("Terms"), together with any policies or additional terms referred to in them, 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 an account or placing an order.

By accessing or using the Services, creating a wholesale account or placing an order, you agree to be bound by these Terms and our Privacy Policy.

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;
  • if you are acting 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 purchase and resale of products will comply with applicable laws and regulations.

We reserve the right to approve or decline wholesale account applications at our discretion.

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

Unless we expressly agree otherwise, wholesale pricing and wholesale accounts are not intended for purchases primarily for personal, family or household use.

2. Accounts

Certain parts of the Services may require an approved wholesale account.

You are responsible for:

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

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

You may 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 your account if we reasonably believe:

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

3. Products

We make reasonable efforts to accurately display and describe our products.

However, product packaging, colour, appearance and presentation may differ from images displayed on the Services due to photography, screen settings, packaging updates, manufacturing changes or other 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 availability to particular customers or geographic areas.

Any product instructions, precautions or warnings appearing on product packaging or accompanying materials should be followed.

4. Wholesale Orders

When you submit an order, you are making an offer to purchase the products included in that order.

An automated order acknowledgement does not necessarily mean that we have accepted your order.

A binding contract is formed when we accept the order, including by sending confirmation of acceptance or dispatching the products, whichever occurs first.

We reserve the right to decline, limit or cancel an order before acceptance where reasonably necessary, including where:

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

If payment has already been taken for an order that we cancel, we will refund the amount paid for products 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 modify 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 reseller, distribution or account terms agreed with ESK.

You must not:

  • resell ESK products in violation of applicable federal, state or local law;
  • alter, remove, obscure or replace product labels, ingredient information, batch numbers, expiration information, warnings or packaging without our written approval;
  • make false, misleading, deceptive or unauthorised claims about ESK or its products;
  • make medical or therapeutic claims that have not been authorised by ESK and are not permitted by applicable law;
  • represent yourself as ESK or as an employee, agent or authorised representative of ESK unless expressly authorised;
  • sell counterfeit, tampered with, damaged, expired or otherwise altered ESK products;
  • knowingly sell products that have been stored or handled contrary to applicable product instructions;
  • use ESK intellectual property in connection with unauthorised or competing products; or
  • export, divert, distribute or resell products into territories or through channels prohibited by applicable law or by written restrictions agreed with ESK.

Any separate reseller, distribution or wholesale agreement entered into between you and ESK applies in addition to these Terms.

If there is a conflict between these Terms and a separate written agreement signed or expressly accepted by ESK, the separate agreement will control to the extent of the conflict.

6. Prices, Taxes and Payment

Prices, discounts and promotions are subject to change.

Unless otherwise stated, the applicable product price will be the price displayed when you submit your order.

Unless expressly stated otherwise, displayed prices may exclude applicable sales tax, use tax, shipping, handling, customs duties or other charges.

You are responsible for applicable taxes, duties and charges imposed in connection with your purchase unless we are required by law to collect and remit them.

If you claim a resale, tax-exempt or similar exemption, you are responsible for providing valid and current documentation where required.

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

By submitting payment information, you represent 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 separately agreed with us in writing.

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

We reserve the right to correct genuine pricing, calculation or typographical errors. If a material pricing error affects your order, we may contact you before fulfilling the order and give you the option to proceed at the correct price or cancel the affected products.

7. Promotions and Discounts

We may offer promotional pricing, discount codes, gifts, samples or other promotional offers from time to time.

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

Unless otherwise stated:

  • promotions cannot be combined;
  • promotional codes have no cash value;
  • promotions apply only during the stated promotional period; and
  • promotions 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 information provided during checkout.

Delivery times are estimates unless expressly agreed otherwise in writing.

We are not responsible for delays caused by carriers, customs, weather, supply-chain disruption or other circumstances outside our reasonable control.

You are responsible for providing complete and accurate delivery information.

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

Unless otherwise stated in writing, orders are shipped under a shipment contract and risk of loss passes to you when we properly deliver the products to the carrier for shipment.

Title to products passes to you upon our receipt of payment in full for those products, unless otherwise expressly agreed.

Any claims for products lost or damaged in transit should be reported to us promptly so that we can assist with the applicable carrier or insurance process.

9. Inspection, Shortages and Damaged Goods

You should inspect your order promptly after delivery.

If your order contains damaged, defective, incorrect or missing products, 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 necessary to assess the claim.

Returns, replacements, refunds and credits are governed by our Refund Policy and applicable law.

Failure to inspect products promptly may affect our ability to investigate carrier damage, shortages or other delivery-related issues.

10. Product Storage and Handling

You are responsible for storing, handling, displaying and reselling products appropriately after risk of loss has passed to you.

Products must be stored and handled in accordance with:

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

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

To the maximum extent permitted by law, ESK is not responsible for deterioration, contamination, damage or loss caused by improper storage, handling, transport, alteration or use after risk has passed to you.

11. Product Information and Professional Responsibility

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

It is not intended as medical advice, diagnosis or treatment.

Wholesale customers, clinics and other professional purchasers remain responsible for determining how products are recommended, supplied or used within their own professional practice and for complying with laws, licensing requirements and professional standards applicable to their business.

You must not alter or misrepresent ESK's product information or make claims about our products that are false, misleading or inconsistent with applicable law.

12. Intellectual Property

The Services and all associated intellectual property, including trademarks, trade names, logos, product names, text, photographs, graphics, videos, website design and other content, are owned by ESK, its affiliates or licensors and are protected by applicable United States and international intellectual property laws.

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

Subject to these Terms, approved wholesale customers may use ESK product names, approved product images and other authorised brand materials solely for the legitimate marketing and resale of genuine ESK products.

You must not, without our prior written consent:

  • materially modify ESK brand assets;
  • register or attempt to register an ESK trademark, trade name, domain name or social media account;
  • use ESK intellectual property in a misleading, deceptive or unlawful manner;
  • imply an affiliation, endorsement or relationship beyond that authorised by us;
  • reproduce or commercially exploit substantial portions of the Services; or
  • use ESK intellectual property to promote counterfeit, unauthorised or competing products.

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

13. Website Use

You may use the Services only for lawful purposes.

You must not:

  • violate applicable federal, state, local or international law;
  • attempt to gain unauthorised access to the Services or another person's account;
  • introduce viruses, malware or other harmful code;
  • interfere with the security, operation or availability of the Services;
  • collect personal information about others without lawful authority;
  • impersonate another person or business;
  • use the Services to send spam or unlawful communications;
  • scrape, extract, copy or reproduce substantial portions of the Services without permission; or
  • use automated tools in a manner that materially interferes with the operation, security or availability of the Services.

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

14. 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;
  • accurately 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 our security controls; and
  • not access or use the Services where we have expressly instructed the system or its operator not to do so.

We may use technical measures to limit or block automated access that violates these Terms or materially interferes with our Services.

15. 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, practices or terms.

Your use of third-party services may be subject to separate terms and privacy policies issued by those providers.

You should review those terms before using third-party services.

16. Relationship With Shopify

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

Purchases of ESK products through the store are made directly between you and ESK.

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

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

17. Privacy

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

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

Certain personal information may also be processed by Shopify under Shopify's applicable privacy terms.

Please review our Privacy Policy for more information about how personal information is collected, used and shared and about privacy rights that may apply to you.

18. 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 submit 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 our products, subject to applicable law and our Privacy Policy.

You must not submit Feedback that:

  • infringes another person's intellectual property, privacy or publicity 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.

If you received payment, free products, discounts or another benefit in connection with your Feedback, you must disclose the relationship where required by applicable law.

19. Errors and Availability

We make reasonable efforts to maintain accurate information on the Services, but errors and omissions may occasionally occur.

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

If an error materially affects an order you have already submitted, we may notify you and offer a correction, cancellation or refund as appropriate.

20. Recalls and Product 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 sale or distribution of affected products;
  • isolating affected inventory;
  • providing reasonable inventory or distribution information;
  • communicating required information to your customers where applicable; and
  • returning, destroying or otherwise handling affected products as instructed.

Nothing in this section requires you to take any action contrary to applicable law.

21. 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 due;
  • we reasonably suspect fraud or unlawful activity;
  • your activity creates a security or legal risk;
  • you misuse ESK intellectual property;
  • you make misleading or unauthorised product claims;
  • you cease to meet wholesale eligibility requirements; or
  • we are required to do so by law.

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

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

22. Events Outside Our Reasonable Control

We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances outside our reasonable control.

These circumstances may include natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, carrier disruption, interruption of utilities or telecommunications, cyber incidents affecting third-party infrastructure, supply shortages or disruption affecting suppliers.

This section does not excuse obligations to pay for products already supplied.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED BY ESK IN WRITING, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

ESK DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE OR AVAILABLE AT ALL TIMES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. WHERE SUCH LAW APPLIES, THE ABOVE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESK AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANOTHER LEGAL THEORY, EVEN IF ESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO ESK FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

THE ABOVE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN THOSE JURISDICTIONS, THESE LIMITATIONS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

25. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless ESK, its affiliates, directors, officers, employees, agents, contractors, licensors and service providers from third-party claims, liabilities, damages, judgments, penalties, costs and reasonable attorneys' fees arising out of or relating to:

  • 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 concerning 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 own negligence, wilful misconduct or breach of these Terms.

We may assume control of the defence of an indemnified claim using counsel of our choice, provided that we will not settle a claim in a manner that imposes material non-monetary obligations on you without your reasonable consent.

You agree to reasonably cooperate in the defence of any such claim.

26. Confidentiality

Through your wholesale relationship with ESK, you may receive confidential or commercially sensitive information, including wholesale pricing, unreleased product information, promotional plans and 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 applicable 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 a confidentiality obligation.

27. Severability

If any provision of these Terms is found 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 portion will be severed.

The remaining provisions will continue in full force and effect.

28. Waiver

Failure to immediately exercise or enforce any right under these Terms does not constitute a waiver of that right.

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

29. Entire Agreement

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

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

30. 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 or 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.

31. No Third-Party Beneficiaries

Except as expressly provided in these Terms, these Terms are intended solely for the benefit of you and ESK and do not create rights or remedies for any other person.

32. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them will be governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles, except to the extent that mandatory applicable United States law provides otherwise.

You and ESK agree to submit to the jurisdiction of the courts of New South Wales, Australia for disputes arising out of or relating to these Terms, except where applicable law requires otherwise.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

33. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, products, 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 applicable law, we will provide additional notice of material changes.

34. 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