Wholesale Clearance UK's Terms & Conditions of Sale

TERMS AND CONDITIONS OF SALE

OF

www.wholesaleclearance.co.uk

1 DEFINITION

(1) "Buyer" means the business that buys or agrees to buy the Goods from the Supplier for resale purposes;

(2) "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

(3) "Contract" means the Contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

(4) "Goods" or "Products" means the items that the Buyer agrees to buy from the Supplier;

(5) "Supplier" means Wholesale Clearance UK Ltd, a company registered in England and Wales, Registration number 05506494, whose registered office is at Unit N Waterside Estate, 25-27 Willis Way, Poole, Dorset, BH15 3TD, and whose trading address is at Unit N Waterside Estate, 25-27 Willis Way, Poole, Dorset, BH15 3TD that owns and operates www.wholesaleclearance.co.uk and whose VAT registration number is 900 490 850;

(6) "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier;

(7) "Website" means www.wholesaleclearance.co.uk;

(8) "Working days" means any Monday to Friday from 9 am to 5 pm, excluding all Public and bank holidays in England and Wales;

(9) "Public" refers to those buying who have not yet registered as a business or are in the action of and are buying the products for the sole purpose of resale.

 

2 CONDITIONS

(1) These Terms and Conditions include the Website User Terms and Privacy Policy to all contracts for the sale of Goods by the Supplier to the Buyer. They will prevail over any other communication, agreement or documentation from the Buyer. Nothing in these Terms and Conditions is intended to affect a Buyer's statutory rights as a Consumer.

(2) If the Buyer accepts delivery of the Goods, this shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

(3) These Terms and Conditions can only be varied if the Supplier specifically agrees in writing. Any special conditions that apply will be set out in an email that will serve as a Schedule to this agreement.

(4) The Supplier is entitled to vary these Terms and Conditions anytime. However, this right does not affect the existing Terms and Conditions (including any unique or varied terms and conditions accepted by the Buyer upon purchase).

(5) The Buyer must write to the Supplier's Trading address stated in clause 1(5) with any complaints.

 

3 ORDERING

(1) Goods are available for viewing by appointment only; please email [email protected] or call 0330 113 1636 to arrange a mutually convenient time.

(2) To place an order, the Buyer must follow the order process on www.wholesaleclearance.co.uk.

(3) Goods are available for sale to registered business buyers only. Goods are sold as seen. The Website and the Goods are not available to consumers. By placing an order, the Buyer undertakes and confirms that they are purchasing as a registered business, not as a consumer. The Supplier will not accept any order placed by a consumer under any circumstances.

(4) All orders for Goods are deemed an offer by the Buyer to purchase Goods according to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever. We can not send it to BPFO addresses. If you order and use a BFPO address, we will contact you and request a full UK address as an alternative. If you can not provide one, we will cancel the order.

(5) If the Goods are out of stock, the Supplier will notify the Buyer. The Buyer can choose an alternative, wait until those goods are available, or receive a credit note within 28 days.

(6) Where Goods are purchased and payment completed, the Buyer can request in writing by email within 24 hours to cancel the order. Cancellation of any order, whether made online, by email, over the phone or in person, is liable to a 10% cancellation/restocking fee.

 

4 ABOUT THE GOODS

(1) Goods are wholesale goods as explained and detailed on the Website. The Buyer agrees explicitly:

(a) to tolerate up to a 5% variance in the stock amounts;

(b) that, before selling to the public, they will de-brand all high street stock (high street store names, chain stores, etc.). This includes all labels, tags and other points of sale that reference or use the name of the store of origin and also includes using any names, logos or symbols associated with the store of origin in any advertising. All Abercrombie and Hollister products currently advertised on the Website must not be resold in the EU or the United States. The Buyer understands that failure to de-brand all Goods is an immediate breach of these terms, allowing the Supplier to claim an amount equivalent to 20 times the value of the order placed but may also result in civil and criminal proceedings against the Buyer;

(c) 5% margin for broken or faulty goods.

(2) Goods do not come with any warranty or guarantee other than implied by law for business-to-business sales. Battery-operated items, in particular, may need an immediate battery change.

(3) The Buyer has ensured that the goods to be purchased are sellable on the Buyer's chosen platforms. Any restrictions imposed by third-party selling platforms, brand owners, or any entity after The Buyer has accepted the goods will not be liable for any reason to return.

 

5 PRICE AND PAYMENT

(1) (a) The prices of the Goods are exclusive of VAT and are those displayed on the Website.

(b) Prices include delivery charges to mainland England as detailed on the Website unless specified as "Free Delivery". Free Delivery" will only apply to mainland England. Please allow 2-3 working days for clearance and account notification.

(c) On the Website, we may provide estimates of delivery charges outside mainland England. These are only estimates and will only be confirmed after the order. For delivery charges outside of mainland England, including Scotland, Wales, Ireland, Northern Ireland and any area outside of the United Kingdom, including BFPO, and any queries about delivery, including whether you will be entitled to free delivery, please email us at [email protected] or call us on 0330 113 1636 or 07837 060911 before placing your order.

(d) The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed. Please allow 3-5 working days for clearance and account notification.

(e) The Buyer can organise the collection of Goods, but this must be arranged with the Supplier before collection. The Supplier will generally need at least three working days before collection, but more oversized or palletised orders may require more time.

(2) Payment of the price plus any applicable VAT and delivery charges must be made in full before any Goods are dispatched.

(3) Payment is due in GBP and can be made by:

(a) PayPal, but the order will only be delivered to the registered user's confirmed address;

(b) Wire Transfer/Bank Transfer;

(c) Cash on Collection, where collection has been organised per these terms;

(d) Cheque;

(e) Bankers Draft;

(f) Postal Order(s);

(g) Credit/Debit Card Payments over the phone by telephoning 0330 113 1636 or 07837 060911.

(4) Once the Supplier receives the order, they will email confirmation of the order (including the Goods ordered and the price) together with any applicable consumer cancellation rights.

(5) For customers exporting internationally, stock purchased within the UK or sent to a UK shipper/courier will be subject to UK VAT at the correct rate at the time. For any Buyers looking to reclaim any VAT due to export, Wholesale Clearance UK (in line with VAT notice 703 https://www.gov.uk/guidance/vat-on-goods-exported-from-the-uk-notice-703) requires proof of export in the form of a waybill or bill of lading within three months of the time of purchase to be able to process a VAT refund. Notices received outside of this period will not be eligible for refund as per the guidelines set out by HMRC. Only valid export documents will be accepted by recognised shippers or couriers. It should be noted that it is wholly the Buyer's responsibility to ensure the correct paperwork is received within the set time frame. Wholesale Clearance UK Ltd accepts no liability for unclaimable VAT due to the customer not meeting the requirements set out by HMRC and VAT notice 703.

 

6 SUPPLIER'S RIGHTS

(1) The Supplier reserves the right to withdraw any Goods from the Website without notice and any liability whatsoever.

(2) The Supplier reserves the right to refuse any order without liability.

(3) Prices are not guaranteed at any time unless specifically displayed on the Website. The Supplier reserves the right to update the prices shown and will use its best endeavours to ensure that prices are correct when the Buyer places an order.

(4) Where payment is overdue (not clear for any reason or made on time), the Supplier will immediately cease or suspend the delivery of any Goods until the Supplier receives fully cleared payment.

 

7 DELIVERY

(1) At the time of placing the order, and before goods can be dispatched, the Buyer must supply the following information:-

(a) full contact details, including email address, delivery address, landline and mobile telephone numbers;

(b) any restrictions that could apply for delivery (e.g. narrow roads, residential areas, requirement for pallet truck, requirement for forklift, parking restrictions, waiting times, red route, restricted access, buzzer entry, market centres, height or width restrictions or anything else suchlike).

(2) Goods will not be despatched until the Supplier has received cleared full payment of the price.

(3) Goods supplied will usually be delivered within the following number of working days of acceptance of the order:

(a) to addresses on mainland UK within 14 working days;

(b) to addresses in Europe within 30 working days;

(c) to addresses outside of the UK and Europe within 60 working days.

(4) The Supplier will use its best endeavours to adhere to any agreed delivery dates, but time shall not be of the essence. However, when the Supplier can not adhere to an agreed date, the Supplier will notify the Buyer, who can decide on a new date. The Supplier will never be liable for any losses, costs, damages, or expenses incurred by the Buyer or any third party arising directly or indirectly from any failure to meet any delivery date.

(5) The Supplier will organise delivery of Goods to the Buyer's address as provided by the Buyer on ordering. The Buyer is responsible for making arrangements to take delivery whenever they are delivered and for all redelivery and associated costs where delivery is not made at the first attempt. Where deliveries are made outside of the UK, it is the customer's responsibility to understand entirely any laws or legislation for importing goods. The receiver's (customer's) responsibility is to confirm and pay any additional charges outside of regular postage, including customs fees, import tax, docking fees, and other related costs. Risk in the Goods shall pass to the Buyer upon delivery or where the Buyer fails to take delivery at the time delivery was attempted.

(6) The title in Goods will only pass to the Buyer upon cleared full price payment.

(7) We can not send to BPFO addresses. If you order and use a BFPO address, we will contact you and request a full UK address as an alternative. If you can not provide one, we will cancel the order.

 

8 RETURNS, QUERIES/COMPLAINTS & NOTICES

(1) The Buyer will inspect the package/packaging upon delivery. If the package/packaging is/appears to be damaged in any way, the Buyer must bring this to the attention of the deliverer. Where items are signed for on delivery, the Buyer must mark "package damaged" when signing for the item.

(2) Immediately upon receipt, the Buyer will adequately inspect the Goods and shall notify the Supplier in writing by email at [email protected] within five working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.

(3) Where a claim of defect or damage is made after contacting the Supplier following clause 8(2) above, the Buyer must comply with the Returns Instructions provided by the Supplier. The Buyer is obliged to take care of the Goods until they have been returned to the Supplier. Once the Supplier has received the returned Goods and if the Goods are defective, the Supplier will either provide a replacement or a credit note (excluding the proportion of delivery costs relating to the faulty item). However, any failure to follow the requirements and procedures detailed in clause eight and the Buyer's obligations in clause nine will be considered a breach by the Buyer, and the Supplier will not provide a replacement or a refund.

(4) All Goods to be returned must clearly show the order number obtained from the Supplier and any information the Supplier stipulates in the Returns Instructions.

(5) Where returned Goods are found to be damaged due to the Buyer's actions, the Buyer will be liable for the cost of remedying such damage.

(6) All goods to be returned must be returned using Royal Mail Recorded Delivery or a similar service, which requires a signature upon receipt. The Buyer pays return postage. The seller will not reimburse return postage costs under any circumstances.

(7) All returned items must be sent to the Warehouse address of Wholesale Clearance UK Ltd, Unit N Waterside, 25/27 Willisway, Poole, Dorset, BH15 3TD or a nominated address if different. Items sent for return must be received by Wholesale Clearance UK or the Third-Party Vendor within seven days from the return's acceptance date.

(8) Where Goods are purchased and deemed unwanted, the Buyer can return them at their own cost. Items must be returned as initially sent (i.e., in original packaging). You must notify us in writing by email of any unwanted items within seven days of receipt of the order. The Buyer can return the unwanted/change of mind items at their own cost and receive a credit note for the total amount of the purchased products, less the original postage cost to be spent on any other items on the Website or offset against a future purchase. All credit notes are issued at the discretion of Wholesale Clearance UK Ltd.

(9)  Any issues, concerns or complaints about Our products or services must be raised by the Buyer with Us before approaching any third party. Third parties include but are not limited to independent review sites and chargeback services, including bank, credit/debit card or PayPal. Reasonable time must be given to allow us to resolve your complaint. You must contact us in writing at [email protected] and include your name, order number, best contact telephone number, and a full detailed description of your reason for contact.

We will acknowledge any contact we receive within two working days and aim to provide a complete response within 28 days, but we shall be entitled to take up to 56 days to give our full reply. An individual complaints manager will deal with each complaint. Our response will be final once we provide you with an internal response.

If you are not satisfied with the response or we have not replied in full within 56 days, beginning with the day after we receive your complaint, you have the option to take this matter to the Managing Director, Karl Baxter, at [email protected]. You agree that you will not seek a chargeback or raise a dispute with your credit/debit card provider or bank if you have not exercised this option.

 

9 RESPONSIBILITY & USE OF GOODS/PRODUCTS

(1) The Buyer agrees to be solely responsible for the use of any resale of Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times following any applicable manufacturer's instructions, advice, suggestion, guidance and information and will ensure this is part of their resale agreement. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and tests before use and fully understands what the Goods contain.

(2) Furthermore, the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.

(3) With all products, it is the Buyer's responsibility to ensure that the Goods are suitable for the Buyer's use, and the Buyer will ensure this is part of their resale agreement.

(4) The Buyer expressly accepts that the effectiveness of any products will also depend on correct and effective use, storage, inspection, and periodic routine maintenance, and the Buyer will ensure this is part of their resale agreement.

(5) The Buyer expressly agrees that the Supplier has no liability and will indemnify the Supplier for any losses or expenses resulting from any breach of this clause.

 

10 LIMITATION OF LIABILITY

(1) Nothing in these Terms and Conditions shall exclude or limit the Supplier's liability for death or personal injury resulting from the negligence of the Supplier or its employees or agents.

(2) The Supplier shall never be liable for any indirect, incidental or consequential loss or damage.

(3) Time shall not be of the essence, and the Supplier shall incur no liability to the Buyer for failing to deliver the Goods by any agreed date.

(4) Other than those implied by law, if the Supplier breaches any of these Terms and Conditions, the Buyer's remedies are limited to damages that will not exceed the price of the Goods.

 

11 WAIVER

Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

 

12 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lockouts, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

13 INVALIDITY & SEVERANCE

Each clause or part of this agreement will be considered independent. This means that if any clause or part of this agreement is unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of this agreement.

 

14 GOVERNING LAW AND JURISDICTION

These Terms & Conditions shall be interpreted, construed, and enforced according to English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

For more information on your rights as a buyer, please click here.

Auction Terms and Conditions

 

Prospective purchasers wishing to bid in our online auctions must register with Wholesale Clearance UK Ltd and provide their full name, address, and debit card details.

Registration can only be completed by accepting that all bids are strictly subject to the following terms and conditions.

1. Definitions:-
In these terms and conditions:

1.1 "Auctioneer" or "Us" or "We" etc means Wholesale Clearance UK.
1.2 "You," "Your," etc., means the potential purchaser or purchaser who first registered with us, as referred to in clause two below.
1.3 The "Buyer's Premium" is payable on each Lot purchased on Online Auction Sales. This is typically 15% plus VAT but can vary between 5% and 25%. Please check each sale before bidding. The Buyer's Premium is added to the hammer price of the winning bid for said Lot and is payable by the purchaser. The Buyer's Premium is subject to Value Added Tax at the then standard rate.
1.4 The "Total Price" means the combined total of the successful bid for the Lot, the Buyer's Premium, VAT and any additional charges payable arising whether under these conditions or otherwise.
1.5 "Lot" means a lot offered for sale on our Website.

2. The potential purchaser and any bidder at this moment agree and acknowledge that:-

2.1 You must register your complete personal details, including your name and address, with us and provide any documents reasonably requested by us to verify your identity. You must also confirm that you are over 18 years of age.
2.2 All bids and purchases shall be subject to these terms and conditions.
2.3 We, the Auctioneer, act as agents only.
2.4 You shall be deemed to act as principal. Accordingly, whether you are acting as an agent, representative, officer or director of a company or another in any other capacity, you will be personally liable for payment of the Total Price.
2.5 The highest bidder accepted by the Auctioneer at the end of the auction shall be the purchaser, and any dispute about the identity of the highest bidder, purchaser, or bid shall be settled at the Auctioneer's sole discretion, acting reasonably.
2.6 In completing the registration details with us, you are required to input your preferred method of payment, and you:-
2.6.1 authorise us, the Auctioneers, at our discretion, to charge the preferred method of payment for full payment of the total amount due for a lot successfully purchased by you and;
2.6.2 confirm that you are authorised to use the method of payment provided to us.

2.6.3 Should the Lot not reach a specified reserve, the Vendor and Auctioneer reserves the right to accept the next highest bid placed regardless of whether it is the amount initially determined by the Vendor.

3. Value Added Tax

All purchased lots are subject to the addition of VAT on the price at the then-current rate unless goods are deemed zero-rated (e.g. children's clothing, etc.). The Buyer's Premium will always be subject to VAT.

4. Payment

4.1 A successful purchaser shall pay the Total Price in full with in 7 days of the auction ending.
4.2 All bids for lots are made in UK Pounds Sterling (GBP), and all payments made under these terms and conditions are in GBP.
4.3 No lots may be sent, removed or collected from the Vendor until the Auctioneer pays the Total Price.
4.4 Payment methods include credit card, debit card, and PayPal. No other methods are accepted.
4.5 We may apply any payments you make towards any sums you owe us on any account whatsoever, regardless of any instruction or direction from you or your agent.

5. Description and condition

5.1 All lots are sold as they stand at the point of sale with all and any faults, damage or other defects present. The Sale of Goods Act 1979 (as amended) does not apply to any lots or goods sold by the Auctioneers.
5.2 You shall be deemed to have inspected the Lot you have bid for and be bidding in full knowledge of any faults, damage or defects. If you bid without having previously inspected the Lot, you shall do so at your own risk. If an inspection cannot be undertaken, you can email the Auctioneer with any questions about the Lot. The Auctioneer or Vendor takes no responsibility for assumptions made by the purchaser when placing a bid.
5.3 No representations made by us (if any) before or at the time of the sale of any lot shall be deemed to have induced you to bid or be incorporated in any sale. The sale contract shall contain no implied terms or warranty as to the quality or fitness of the lots, and any such warranties are expressly excluded.
5.4 While every care is taken to ensure that any description is accurate, any description or illustration of a lot is purely for information only. We strongly recommend viewing the items in all cases. The purchaser cannot rely on such illustrations or descriptions to be accurate, and we give no warranty.

6. Terms of bidding

6.1 The purchaser acknowledges that bids are made and the lots are sold subject to these terms and conditions and any other terms and conditions which we notify you of before the Contract. Your bid is binding and will, if successfully placed, be accepted as your intent to buy. All bids are final. The purchaser acknowledges that unless the items are significantly not as described, there is no allowance for return, and the items are deemed sold as seen.
6.2 The Auctioneer acts as agent only and shall have no liability to either the Vendor or the purchaser for any act or default by the purchaser or Vendor. Accordingly, we shall incur no liability arising from any sale, whether in Contract, tort, statute or otherwise.
6.3 We shall make all reasonable efforts to provide and maintain the online web auction service. However, the Auctioneer shall not be held responsible for any interruption, suspension, cancellation or disturbance to the service provided or the Website. Accordingly, we shall not be held accountable, whether in Contract, tort, statute or otherwise, for any loss occurring as a result.
6.4 The Auctioneer reserves the right to amend, cancel, or postpone any online auction or service at any time, with or without prior notice.
6.5 The Auctioneer reserves the right to withdraw, amend or consolidate any lot with or without prior notice.
6.6 The Auctioneer reserves the right to reject, suspend, postpone, or ban any person from registering or bidding in any online auction at any time, with or without prior notice. Such decision is made at the Auctioneer's sole discretion, and we shall not be held responsible, whether in Contract, tort, statute or otherwise, for any loss occurring as a result.
6.7 We shall incur no liability under the Health and Safety Act 1974 (whether by section 6 or otherwise). Accordingly, when properly used, the purchaser undertakes reasonable and practical steps to ensure that this purchase will be safe and without health and safety risks.

7. Warranty of title and availability

The seller has confirmed to the Auctioneer that it is the valid owner of the property contained in the Lot or is authorised by the valid owner to offer the Lot for sale and can transfer good and marketable title to the property free from any third-party claims. Suppose any third-party claim arises, or title to any the Lot or part of it is claimed by a party other than the seller before its collection by the purchaser. In that case, the Auctioneer reserves the right to rescind the sale.

8. Collection of the goods

8.1 No lot or goods purchased can be claimed, collected or removed until the Total Price has been paid.
8.2 The lots will be held by the Vendor at the purchaser's risk immediately after purchase.
8.3 You shall, at your own risk and expense, arrange delivery, collect, and remove all lots purchased after payment of the Total Price, strictly within the time limit specified by us (within seven days of purchase, of which time is to be of the essence). If you fail to remove the goods within the specified time, we can proceed under clause nine below.
8.4 All items will be removed at the purchaser's expense and risk. The purchaser and their agents shall be liable for every damage, loss, cost, or other charge related to or arising from the removal of the Lot. Where removing the Lot requires disconnection from a leading electricity, gas, or water supply, a fully qualified tradesman shall only undertake this service.
8.5 The method proposed for removing any lots must first be approved by the Auctioneer. A failure to obtain such approval will result in the purchaser and their contractors being refused entry to the premises to collect the goods.

9. Remedies for non-payment or failure to collect the purchase

9.1 If the Total Price for any lot is not paid in full or the Lot is removed strictly under these terms and conditions, or there is any other breach of these terms and conditions, we as agents for the seller and on our behalf shall at our absolute discretion and without prejudice to any other rights we may have been entitled to exercise may:
9.1.1 Proceed with a claim against you for damages for breach of Contract for the total amount of the auction cost plus any storage fees or any other associated costs that may arise.
9.1.2 Rescind the sale for that and any other lots sold to you and apply an administration fee of 25% of the total auction costs.
9.1.3 Remove, store and insure the Lot at your expense at our premises or elsewhere.
9.1.4 Charge a non payment/storage fee of £20.00 plus VAT for each day payment is not received after the first 7 days.  If the amount owed is outstanding for a maximum of 28 days, then we will initiate a claim for the amount owed for your auction win(s), plus the non payment charge plus any storage fees incurred.
9.1.5 Include in any claim, charges for legal representation on our behalf for court appearances

10. General Terms

10.1 Any special terms stated in the description of a particular lot shall be deemed as being interpreted into these standard terms and conditions.
10.2 Any notice to any buyer, seller, bidder, or viewer may be given in writing by handing the same to them, by first-class mail, or by email and will be deemed to have been received (in cases where they have not been personally handed to the party) 48 hours after posting or sending the email.
10.3 Where the Auctioneer conducts a sale on behalf of a vendor who acts as administrator or liquidator of a limited company or trustee in bankruptcy of an individual or such similar office, the purchaser further acknowledges that:-
10.3.1 The Vendor acts only as an agent on behalf of the company or is bankrupt and shall incur no personal liability concerning the sale of any lot, whether such liability arises under Contract, tort statute, or otherwise.
10.3.2 The Vendor or the Auctioneer, on their behalf, only transfers any right, title, or interest the company or bankrupt may have in such Lot.
10.3.3 If a third party proves to have a superior title or right to custody or possession of any lot, the Vendor may rescind the Contract of sale. Upon the return of any deposit and purchase price to the purchaser, neither the Vendor nor the Auctioneer shall have any further liability to the purchaser.
10.4 Any claim or dispute arising in or in connection with any auction or these terms and conditions shall be governed by the laws of England and Wales.