1. OVERVIEW AND AGREEMENT TO TERMS
Welcome to WholesaleXP! WholesaleXP.com (“WholesaleXP”) is an online wholesale platform connecting independent brands and businesses.
The terms "WholesaleXP," "our," "us," and/or "we" refer to WholesaleXP UK Ltd, company number 13885632, located at 53 Derby Street, Manchester, M8 8HW, United Kingdom, support@wholesalexp.com. The terms "you" and/or "your" relate to any user of the Services, including any vendors, customers and affiliates who access the Site.
Please review the Terms and Conditions, Privacy Policy, and Return Policy carefully before using our services. WholesaleXP and you are legally bound by these Terms and Conditions, which govern your access to and use of WholesaleXP Services.
YOU ACKNOWLEDGE AND AGREE THAT BY CONFIRMING THE TERMS AND CONDITIONS WHEN REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
2. KEY CLARIFICATIONS
- "Affiliates" refers to anyone who refers our website to vendors and customers.
- "Vendors" refers to any product suppliers registered with WholesaleXP.
- "Content" refers to text, graphics, pictures, music, software (except the Application), audio, video, and other data.
3. CONDITIONS OF USE
When you utilise WholesaleXP Services, you may sign up immediately via the Website or App. You will be needed to supply specific information (depending on the account type) and create a username and password during the registration process. You agree that our Privacy Policy governs all information you provide to register for an Account (and/or for any subsequent activity or interaction with WholesaleXP and the Services), including through the use of any interactive features on the Services, and you consent to all actions we take with respect to your information or information you provide consistent with our Privacy Policy.
3.1 Account Registration
To access certain features of the Services and to post any Content, you must register to create an account (“Account”). We offer three types of Accounts (as defined in 3.2). The first is a “Vendor Account” for brands who sell goods through the Services. The second is a "Customer Account" for buyers who purchase goods via WholesaleXP Services. The third is an “Affiliate Account” for recommenders who promote our WholesaleXP Services. Each type of Account gives access to different aspects of the Services.
3.2 Account Types
a. Vendor Account. To sell items through the Services as a Vendor, you must submit an application to WholesaleXP and get approval. Both the application procedure and the Vendor Account are gratis. The application requests fundamental details about you, your business, and your items. If authorised as a Vendor, you will be needed to provide further information, including information about your company, the bank account where you desire money from the sale of your items to be placed, and any appropriate tax and other documents. Our Privacy Policy contains more information about the acquired data. The above-mentioned Vendor Conditions of Usage govern your use of the Services as a Vendor.
b. Customer Account. As a buyer, you must create a free Customer Account before making any purchases by using the Services. Your first and last name, the main category (such as women's, men's, baby & kids), email address, and other details about your business must all be provided when you join up as a buyer. Before making your first purchase, further information would be needed, including payment method details, VAT, GST, or other tax identification numbers and supporting documents, as well as any other data that WholesaleXP or any payment processor may need. You can read more about the information we gather in our Privacy Policy.
c. Affiliate Account. You need to apply for an Affiliate Account to liaise with WholesaleXP. For further information, please follow the instructions we created for affiliates.
3.3 Account Restrictions
You are prohibited from using any WholesaleXP Service in the following ways:（i)in a manner that interrupts, damages, or impairs in any way any wholesale service, or any access to it; (ii) for fraudulent ends; (iii) in connection with a crime or other unlawful activity; or (iii) to annoy inconvenience or anxiety.
If you violate any applicable laws, these Conditions of Use, or any other relevant terms and conditions, guidelines, or policies, we have the right to reject service, cancel accounts, or delete or modify the material.
Only users who are 18 or older are eligible for and given the Services.
4. CONDITIONS OF SALE
These conditions of sale govern WholesaleXP's sale of items to you. Consult the Participation Agreement for terms governing the sale of third-party products to you on WholesaleXP.com. We provide a wide array of WholesaleXP Services, and extra conditions may sometimes apply. When you use a WholesaleXP Service (such as Your Profile, reward points, or mobile WholesaleXP Application), you are also subject to the rules, terms, and conditions that govern that WholesaleXP Service. If the Service Terms and these Conditions of Sale are in conflict, Terms and Conditions shall prevail.
Before making a purchase with WholesaleXP, please review these terms carefully. You indicate your acceptance of these terms and conditions by making an order with WholesaleXP.
4.1 Trade Contract
Your order is an agreement to buy products from WholesaleXP. When you buy from WholesaleXP, you'll receive the "Order Confirmation E-mail". The Order Confirmation E-mail confirms that we received your order but not that we accept it. We only accept your offer and finish the deal when we ship the items to you and give the "Dispatch Confirmation E-mail". You may cancel a product purchase at no cost before we issue the Dispatch Confirmation E-mail for that product. This right to cancel does not apply to certain products and services, once installation or use (whichever is earlier) has begun.
You agree to electronic invoices. In Your Account on the website, printable invoices will be accessible. In each shipment confirmation email, we'll let you know whether an electronic invoice is available. Visit our support sections for more information regarding electronic invoicing and print copies.
4.2 Product Information
WholesaleXP is not the manufacturer of the items provided on this website unless otherwise specified. While we make every effort to assure the accuracy of the product details on our website, real product packaging and materials may have additional or different information. Ingredients may also be subject to change. All product information supplied on our website is for informational purposes solely. We advise against relying primarily on the information offered on this website. Please always read labels, warnings, and instructions before using a product.
In the case of any safety concerns or for further information on a healthcare product, please read the information included with the product or contact the manufacturer. This site's content is not meant to replace the advice of a physician, pharmacist, or other registered healthcare professional. Immediately contact your healthcare practitioner if you feel you have a medical condition. The intent of product information and claims is not to diagnose, treat, cure, or prevent any disease or health condition. WholesaleXP has no responsibility for mistakes or misstatements made by manufacturers or other third parties about their goods. This has no effect on your legal rights.
4.3 Pricing
All prices include the legally required VAT. We provide product availability information on our website, including on each product detail page. Beyond what is stated on this page and elsewhere on the website, we are unable to provide more availability information. As we complete your purchase, we will notify you through e-mail if any of the goods you have ordered are unavailable; you will not be charged for these items. Please note that unless otherwise specified on the website, delivery estimates are only approximations. These delivery estimates are not guaranteed and should not be relied upon as such.
A tiny fraction of the goods in our inventory may be undervalued despite our best efforts. We will check prices during order processing and before accepting payment. If a product's true price is greater than the price shown on the website due to an error on our part, we will either contact you for instructions before shipping or cancel your purchase and refund the difference. If the true price of a product is less than our quoted price, we will charge you the reduced amount and ship you the item.
4.4 Cancellation Terms
Unless one of the following exceptions applies, you may cancel your order within 30 days from the day which receipts have been issued. You must inform WholesaleXP of your decision to terminate service. You may submit your request by utilising the instructions and forms on our Returns Support Centre, by sending us an email, or by filling out this form. If you use the return centre, we will send you a digital receipt. Send a message and return the product to our return facility to cancel before the 30-day limit. Contact Customer Service for further information about the exercise's scope, nature, and instructions.
5. COPYRIGHT
The services are protected by copyright, trademark and other laws of the United Kingdom and foreign countries and agree that the Services, excluding your specific Member Content, including all associated intellectual property rights, are the exclusive property of WholesaleXP, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Additionally, WholesaleXP is the owner of pending, registered and/or unregistered trademarks, trade dress and trade names appearing on the Services, including the WholesaleXP name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without WholesaleXP’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
6. MODIFICATION
The Services or any feature, content, or other materials we provide thereon may be changed, suspended, discontinued, or terminated at any time, in our sole discretion. On Wholesalexp written notice provided in advance, we retain the right to sometimes amend these Terms. If all or a portion of the Services are unavailable at any time or for any length of time for any reason, we shall not be held responsible. Users, including Members, may occasionally only have access to a portion or the entirety of the Services. You acknowledge that it is your duty to keep an eye out for modifications to our Services.
7. DISCLAIMS
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE. (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of: (1) your Contributions: (2) use of the Site; (3) breach of these Terms of Use: (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
9. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
10. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE -TE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
11. PROMOTION
We reserve the right to withdraw or amend any Promotion, Specific Rules and/or these terms and conditions if we consider it necessary or appropriate to do so for reasons beyond our reasonable control or if there has been a broadcasting or printing error, etc. Any changes will be posted here and/or on our website.
12. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
13. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
WHOLESALEXP UK LTD
53 Derby Street, Manchester, Greater Manchester, England, the United Kingdom, M8 8HW
Phone: (+44)(0) 161 835 1929
Email: support@wholesalexp.com