Private Label Policies

CUSTOMER CONFIDENTIALITY

We value and respect our customers privacy. Client confidentiality is important and so is your “trade secrets”. We vow to keep each client’s confidential information and brand a secret. With First Element, rest assured that all parties are protected by a mutual NDA (Non-disclosure agreement).

PRICING

All product prices are listed in Canadian dollars (CAD). For clients purchasing outside Canada, we recommend using a reliable currency converter to understand approximate costs in your local currency.

Pricing Adjustments Due to Rising Costs
While we aim to maintain stable pricing, the nature of our industry and global markets means that occasional price adjustments may be necessary. Factors such as inflation, increased costs of raw materials, shipping, and other operational expenses can affect our pricing. To ensure we continue to offer high-quality products and services, we may update prices accordingly.

Notice of Price Changes
We strive to provide advance notice of any significant price changes when possible. Updated pricing will be reflected on our website and in quotes provided directly to clients. Once new prices are in effect, they will apply to all orders moving forward.

Quotes and Pricing Validity
All quotes provided are valid for 30 days unless otherwise specified. After this period, the quoted prices may be subject to change in line with our current pricing policy.

Bulk Orders and Custom Pricing
For clients interested in bulk orders or custom solutions, we offer tiered pricing options. Contact us to discuss options for larger quantities and custom formulations.

Acceptance of Policy
By placing an order clients acknowledge and accept our pricing policy, including the possibility of future adjustments to account for inflation and cost increases.

PAYMENTS, TERMS AND LATE FEE POLICIES

To maintain smooth operations and ensure prompt delivery, all orders from clients without established payment terms must be paid in full before processing and shipping. This policy ensures clarity and consistency in our transactions and minimizes delays.

Policy Details:

1. Payment Requirement: Full payment is required before orders are processed or shipped. Orders will not be released for production or dispatch until payment has been successfully received.

2. Payment Methods Accepted: We accept payments via credit/debit cards, bank transfer, and e-transfers making it easy and secure for clients to complete transactions.

3. Order Confirmation: Upon receiving payment in full, an order confirmation will be sent to you via email, along with an estimated delivery timeline.

4. Cancellation Due to Non-Payment: Orders will be held for a maximum of 7 business days from the date of order placement. If payment is not received within this period, the order may be canceled without notice. Clients will need to place a new order and complete payment to initiate processing.

5. Return of Funds for Delays: If there is any issue with fulfilling your order after payment, we will immediately notify you, and you will have the option to either wait for the order to be fulfilled or receive a full refund.

6. Future Terms Eligibility: Clients interested in establishing net payment terms for future orders may contact us to discuss qualification criteria after an initial order history has been established. Failure to follow terms the client will lose the terms. 

Acceptance of Policy: By placing an order, clients acknowledge and agree to the terms of this payment policy.

Standard Terms: Invoices are due within 30 days of the issue date (“Net 30” terms). Payments not received within this period will be considered overdue, and late fees will apply according to the schedule outlined below.

Late Fee Schedule:

1. Days 1-30 (Grace Period): No late fees apply. We will send a reminder notification before the due date to ensure a smooth payment process.

2. Days 31-60: A late fee of 1.5% of the outstanding balance will be applied monthly for any unpaid amount.

3. Days 61-90: A late fee of 2% of the outstanding balance will be applied monthly.

4. 90+ Days Overdue: A late fee of 2.5% of the outstanding balance will be applied monthly. At this stage, the account may be placed on hold until the balance is paid in full, and the overdue invoice may be sent to collections if necessary.

Late Fee Calculations: Late fees are calculated on the outstanding balance as of the last day of each overdue period. For example, if an invoice remains unpaid 45 days past the due date, a 1.5% fee will apply for the first 30 days, and a 2% fee will apply thereafter.

Waiver of Fees: Late fees may be waived at our discretion for clients with a history of timely payments or in cases of unforeseen hardship if communicated proactively.

Payment Arrangements: If you expect any delays in payment, please contact us before the due date to discuss potential payment arrangements. We are committed to working with clients to maintain a positive working relationship.

Loss of Terms Due to Repeated Late Payments: If a client account is late on payment more than twice within a 12-month period, they may lose the privilege of Net 30 terms. In such cases, future orders will require full payment upfront until a consistent payment history is re-established. This policy encourages timely payments and supports a smoother transaction process for both parties.

CUSTOM FORMULATION

Looking for a unique formulation or perhaps you have an existing formulation you would like us to manufacture for you? We’d be happy to assist you. Please see this link for further information on Custom Formulations. Please note there are no returns on custom products.   

MINIMUM REQUIREMENTS 

Unlike other private label manufacturing companies, we do not have high minimums.  We know the cost of starting your brand and would be happy to assist you. We work with a minimum order of 20-50 units per product. Custom formulation minimums are higher at a minimum of 100 units per product and subject to change based on the formulation. This amount will be determined by doing a costing analysis.

PRE-PRODUCTION SAMPLES FOR CUSTOM FORMULATIONS

Private Label and Contract Manufacturing services are custom tailored to your product needs.  Because each order is customized to meet those requirements, all orders are NON-REFUNDABLE. Due to this policy, we strongly recommend that you purchase pre-production samples before finalizing your private label order. This will ensure that you are receiving the product you expect. Approval of pre-production samples will be required by the customer before placing the final order. Once we have received approval of the pre-production sample, production of the private label order will begin.

DELIVERY/SHIPPING 

First Element ships to Canada, United States, and some international destinations. Private Label clients pay shipping charges to have the items sent to them or fulfillment warehouses. All orders will be shipped either via Canada Post or UPS and will be paid by the client. All items are sent Standard shipping and may take 2-5 business days from the day the items are shipped. International shipping for sample orders will be shipped via Small Tracked Packet via Canada Post if the order is under 2kgs. International shipping in small packet may take 10+ business days. Higher weights will be sent via Canada Post Xpresspost or UPS at Express rates. These shipping methods may take 2-5 business days. Client will pay full shipping costs. 

DUTIES AND TAXES

Import duties, taxes, and brokerage fees are not included in the product price or shipping and handling cost and will be collected upon delivery from the carriers for certain packages. These charges are the recipient’s responsibility as we are only charging the transportation fee for the packages. You may check with your country’s customs office to determine what these additional costs will be.

SHIPPING TO AMAZON

1. All boxes are shipped with Amazon shipping labels.
2. No more than 150 items in 1 box.
3. Weight will be under 40lbs.
4. No peanuts are to be used in shipping.
5. Individual items will be packed in bubble bags with barcodes attached to the outside of them for amazon to scan upon arrival.
6. USA FBA Amazon fulfillment – We use our couriers to send the packages out and the client pays shipping costs.
7. Canadian FBA Amazon Fulfillment – Client uses the UPS Pre-Paid service on their Amazon account and send the shipping labels to us. We do not charge for shipping.

PRODUCTION TURNAROUND TIMES

Our production turnaround times vary depending on order size, service requirements, and any custom elements needed to complete your order. We strive to meet or exceed these timelines to ensure prompt delivery.

Standard Production Turnaround Times

1. Simple Fill Orders (No graphic design or label printing):

   • Expected turnaround: 1-15 business days from order confirmation.
   • This timeframe applies to standard fill orders without additional services.

2. Stocked Formulation Orders (Minimum requirements met (Labels on hand and ready):

   • Expected turnaround: 1-15 business days for in-stock formulations.

Custom Orders

For orders requiring custom formulations, artwork design, and label printing, additional processing time will be required as follows:

1. Artwork Design and Custom Label Printing:

   • Please add a minimum of 5-10 business days to allow time for creating, reviewing, and approving label designs.
   • Once approved, label printing generally takes an additional 5-7 business days.

Holiday and Peak Season Adjustments:
During peak sales seasons, including August to December and periods of summer vendor closures, production times may increase. Please plan accordingly and add at least 3 business days to account for these seasonal adjustments and ensure timely delivery.

Expedite Options

If you need your order sooner, please contact us about expedite options. We will do our best to accommodate, though additional fees may apply based on the order specifics and availability.

Acceptance of Turnaround Times
By placing an order, you acknowledge and accept the estimated production turnaround times outlined above. If you have any questions about production schedules, please don’t hesitate to reach out.

RETURNS/CANCELLATIONS 

Our products are crafted using natural ingredients, which means there may be slight variations in colour, consistency, and scent from batch to batch. These natural variations do not affect the quality or performance of the product and are not grounds for returns or refunds. We encourage clients to carefully review samples and conduct any necessary testing before finalizing production.

Non-Returnable and Non-Refundable Products

All products are non-returnable and non-refundable due to the customized nature of our formulations and manufacturing process. Returns are not accepted for reasons including, but not limited to:

• Disliking the colour, texture, consistency, scent, or any other physical aspect of the product.
• Accidental ordering errors.
• Changes in product appearance, consistency, or scent post-delivery or due to shelf life issues, especially if products have been altered. (Store your products as recommended to maintain shelf life)

Replacement Policy for Shipping Errors and Damage

If an error occurs in shipping due to our oversight, or if products are damaged during transit, we will arrange for a replacement or refund. Replacement will occur once a formal claim has been issued by the freight carrier. When remaking a product due to a shipping error, we will ship it via the originally requested method of transport (e.g., ground services) and will not expedite the shipment unless originally requested and paid for. We'll also require prompt images for the shipping claims to the couriers. 

Cancellations and Refunds

• Custom Product Cancellations: Cancellations for custom orders are only allowed if production has not begun, and no ingredients have been pre-ordered. Once production starts or materials have been secured, custom orders cannot be canceled, credited, or refunded for any reason.

• Stock Product Cancellations: Stock product orders may be canceled at any time; however, a restocking fee of $50 or 10% of the order value (whichever is greater) will apply.

CLIENT CUSTOM BOTTLE STORAGE POLICY

Clients have the option to send their custom bottles to First Element for use in the private label process. By choosing this service, clients agree to the following storage terms and conditions, designed to ensure the secure and effective management of custom bottles.

Storage Conditions and Inactivity Terms

1. Storage Environment: All client-supplied bottles are stored in a secure, climate-controlled warehouse designed to maintain product integrity and quality. During the active period, we take every precaution to safeguard your custom packaging.

2. Active vs. Inactive Status: A client account is considered active as long as there are ongoing orders or regular communication regarding the stored custom bottles. An account becomes inactive if there is no order activity or client contact for a continuous period of six (6) months.

3. Inactivity and Transfer of Ownership:

   • If an account reaches the six-month inactivity threshold, Storage Fees Policy will start.
   • First Element reserves the right to use, sell, or dispose of these bottles if storage fees are not paid. 

For complete details on our warehouse storage procedures, including fees and terms, please refer to our Warehouse Storage Policy.

LABEL COMPLIANCE POLICY

As part of our commitment to quality and regulatory adherence, we provide clients with the necessary ingredient information for labeling to ensure compliance with personal care product regulations.

Regulatory Compliance Requirement

It is the responsibility of each brand to adhere to the personal care product regulations specific to their country or region. Clients must ensure that all product labels comply with applicable regulations to avoid potential penalties or other consequences related to mislabeled products.

Labeling Recommendations

We will supply detailed ingredient lists for each product to support regulatory compliance. This information is provided to help you create labels that meet your region’s standards and accurately represent the contents of the product.

We strongly advise clients to follow the provided ingredient information and any labeling recommendations closely. Adhering to these guidelines helps avoid regulatory issues and maintains the integrity and legality of your brand.

Acceptance of Terms
By proceeding with an order clients acknowledge their responsibility to meet their country’s personal care product regulations and accept the guidelines provided for accurate labeling.