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Terms and conditions of use

Terms and Conditions


1. Acceptance of Terms and Implied Consent

By using this website, you agree to these terms and conditions.

  • Implied consent is valid under common law contract principles if terms are clearly communicated and accepted through conduct (see Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523).

  • Courts have upheld implied consent where the user has been notified of terms and continued use constitutes acceptance (Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163).

  • Upon viewing any page on www.wholesalegroup.com.au, and or www.wholesalegrouponline.com, and or www.oxygenabsorber.com.au you agree to all express terms listed below and are bound by them as a contract via your implied consent and agreement to the terms as per Henry Kendall & Sons v William Lillico & Sons Ltd [1969] 2 AC 31, House of Lords.

2. Contract Formation

  • Your order constitutes an offer to purchase.

  • A contract is formed when we issue an order confirmation (see Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256).

  • Terms of contract formation are governed by the Australian Contract Law and the Competition and Consumer Act 2010 (Cth).

  • At Equitable law, you the natural and legal person agree to all implied and express terms by viewing the webpages described and or any financial instruments associated with them i.e. invoices, and through section 10 of the Electronic Communications Act 1999 (Commonwealth), the act of viewing and reading this information, implies an electronic signature and agreement to all terms herein.

3. Product Information and Warranties

  • Products are sold “as is” except where guarantees under the Australian Consumer Law (ACL) apply (Competition and Consumer Act 2010 (Cth), Schedule 2, s. 54).

  • Products must meet acceptable quality standards, including being free from defects and fit for purpose (s. 55).

  • If a product fails to meet these guarantees, you are entitled to a repair, replacement, or refund (s. 259).

  • Warranties do not cover:

    • Misuse or improper handling;

    • Alterations or unauthorised repairs;

    • Damage caused by third-party delivery.
      (Grant v Australian Knitting Mills Ltd [1936] AC 85).

  • All information provided by Wholesale Group International Pty. Ltd.; Australian Business Number 50 149 620 771 (herein “WGI”) and or its directors are not guaranteed to be accurate or reliable, and or without prejudice and may not be used in legal proceedings without the express written consent of the managing director(s) agreement with hand written signature.

4. Exclusion of Liability

  • To the extent permitted by law, we exclude liability for indirect, incidental, or consequential damages Australian Consumer Law ie. ACL (ACL, s. 64A).

  • Liability for breach of contract is capped at the cost of the product unless the breach is intentional or reckless (Photo Production Ltd v Securicor Transport Ltd [1980] AC 827).

  • However, under s. 64 of the ACL, liability exclusions cannot apply to:

    • Death or personal injury caused by negligence;

    • Misleading or deceptive conduct (Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546).

  • Any verbal representations, statements, views, opinions and/ or guarantees by an employee(s) or director(s) of "WGI" do not constitute the of "WGI" as a legal person. and are superseded by these terms and conditions.

5. Returns and Refunds

  • Defective product claims must be lodged within 14 days of receipt.

  • Under s. 259 of the ACL, customers are entitled to a refund, repair, or replacement where goods fail to meet statutory guarantees.

  • Products must be returned in original packaging and condition.

  • It remains the responsibility of the customer to confirm all technical aspects of the product(s) & or services supplied by "WGI" & that the product(s) is suitable for the customer's use.

  • Customers must test products on a small sample to ascertain that they are expectable for use with the customer's unique product and packaging, as the product does not work/ perform under all circumstances.
     

6. Delivery and Risk

  • We aim to dispatch products within 3–5 business days. Delivery timelines are estimates and not guaranteed (British Road Services Ltd v Arthur V. Crutchley & Co Ltd [1968] 1 All ER 811). We are not liable for third-party carrier delays unless due to gross negligence (Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64).

Products must remain unopened to be exchanged. Photographic evidence of defects or damage must be sent to info@wholesalegroup.com.au within 7 business days of receipt for assessment.

·       “WGI” is not liable for operational delays caused by third-party logistics, couriers, or postal services, or for any direct or indirect losses resulting from such delays, including business goodwill loss (Hadley v Baxendale (1854) 9 Exch 341).

Delivery may take an additional 7–14 days depending on carrier schedules, which are not guaranteed by "WGI." Risk transfers to the customer upon delivery (The Albazero [1977] AC 774).

·       To the extent permitted by law, "WGI" is not liable for direct, indirect, incidental, special, or consequential damages, including loss of profits related to product use (Hadley v Baxendale (1854) 9 Exch 341).

·       If a product fails to meet expected warranty standards, and the customer notifies "WGI" with evidence within 7 business days of discovering the defect, we may offer a replacement or refund at our discretion. Under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2, s. 54), products must meet acceptable quality standards and be fit for purpose.

·       Returns for change of mind or cancellation after dispatch are not allowed due to food safety regulations under state and territory laws.

If re-delivery is required due to the business being closed during advertised hours, a re-delivery fee will apply at the discretion of the transport company and will be charged to the customer.

·       You agree to, and accept the following Common and Equitable law doctrines with respect to your consignment of goods and or services;

 

  1.  

a.     Doctrine of Privity of Contract

                                               i.     Liability for loss or damage only extends to parties directly involved in the contract (Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847).

    1. Duty of Good Faith and Fair Dealing

                                               i.     Parties to a contract are required to act in good faith and not mislead or deceive each other (Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234).

    1. Frustration of Contract

                                               i.     Performance may be excused if an unforeseen event makes contractual obligations impossible or radically different (Taylor v Caldwell (1863) 3 B & S 826).

    1. Mitigation of Loss

                                               i.     The customer is required to take reasonable steps to mitigate loss from defective or delayed products (British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673).

    1. Unjust Enrichment

                                               i.     If a party benefits unfairly at another party’s expense, they may be ordered to repay the benefit (Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221).

    1. Equitable Estoppel

                                               i.     If "WGI" makes a representation and the customer relies on it to their detriment, the court may prevent "WGI" from denying the representation (Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387).

    1. Exclusion Clauses and Misrepresentation

                                               i.     Exclusion clauses must be brought to the customer’s attention before contract formation (Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163).

7. Payment and Security

  • Payments are processed securely.

  • We may secure unpaid invoices by registering a security interest under the Personal Property Securities Act 2009 (Cth). It is implied that by viewing the invoice, and this website and checkout or engaging with any book keeper, accountant or contractor of Wholesale Group International Pty Ltd that any unpaid invoices, including re-delivery fees, interest or associated legal costs will be secured as a security interest against both the company and the director of the company in default using the PPSR (www.ppsr.gov.au) until all monies are paid in full to “WGI”

  • Late payments may incur interest at the prevailing statutory rate (Interest Act 1988 (Cth)).

8. Privacy and Data Protection

  • Personal data is collected and stored under the Privacy Act 1988 (Cth).

  • Data protection includes compliance with the Notifiable Data Breaches (NDB) scheme.

  • We do not share data with third parties unless required by law.

9. Intellectual Property

  • All website content, including trademarks and logos, remain the property of Wholesale Group International Pty Ltd.

  • Unauthorised reproduction constitutes an infringement under the Copyright Act 1968 (Cth).

10. Governing Law

These terms are governed by the laws of Victoria, Australia.

  • Any disputes shall be resolved under Victorian jurisdiction (Akai Pty Ltd v The People’s Insurance Co Ltd (1996) 188 CLR 418).

11. Amendments

  • We may update these terms.

  • Continued use after changes constitutes acceptance (Baltic Shipping Co v Dillon (1993) 176 CLR 344).

12. Force Majeure

  • We are not liable for delays or non-performance due to circumstances beyond our control, including natural disasters, strikes, or government orders (Metropolitan Water Board v Dick Kerr & Co Ltd [1918] AC 119).