Welcome to The Market Run & Wholesale Outlet website ("Website"). This document contains the Terms and Conditions that govern your use of the Website and any of our pop up stores. These Terms and Conditions describe your rights and responsibilities and what you can expect from Very Sirius Enterprises Pty Ltd trading as Wholesale Outlet ("Wholesale Outlet"). Please take a few minutes to review these Terms and Conditions. Your use of the Website constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Website.
Wholesale Outlet reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
In order to make purchases and access some features of the website, you may need to be a registered member. You may not use another member's account without permission.
When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change, alter, remove or add functionality to the Website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
We may stop (temporarily or permanently) providing access to the Website to you, or to visitors or members generally, at our discretion and without prior notice to you.
We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
You must be at least 18 years old to place any orders with Wholesale Outlet, or have your parents or guardian’s permission to make purchases from Wholesale Outlet. By using the Website you acknowledge that you are either at least 18 years old or that you have the permission of your legal guardian or parent.
Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including packing, handling, delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone. In the event that we cancel your order, we will provide a full refund of any payment received.
You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% of the order applies. Please contact us through the ‘Contact Us’ page on the Website.
The entire Website, including; copy, images, logos, indicia, text, content and unique method of showcasing products is copyright 2012 Wholesale Outlet. The Wholesale Outlet trademark and logo are trademarks of Very Sirius Enterprises Pty Ltd. All other trademarks are the property of their respective owners, who are not associated with Wholesale Outlet. Permission to use documents delivered from the Website and/or server and related graphics is restricted. The name of Wholesale Outlet or any of the above trademarks or logos may not be used without Wholesale Outlet's specific, written prior permission. The information contained on the Website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Wholesale Outlet shall be and remain the exclusive property of Wholesale Outlet. Your submission of any such Comments shall constitute an assignment to Wholesale Outlet of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Wholesale Outlet will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
The prices of products are current at time of display but are subject to change. Products, delivery and other charges shown are in Australian dollars and include GST where applicable.
All payments must be received in full prior to dispatch. If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
All recurring orders are processed on a weekly / fortnightly schedule, based on your preference. Successful payments will have their order dispatched that coming week (assuming the order was received prior to the weekly cut off). If your payment declines, the system will automatically try again the following day (up to 10 days) for a successful transaction. Once successful, within the 10 days, your order will be dispatched in the next delivery run.
If your payment declines more than 10 times, your account will automatically be canceled and no further deliveries will be made.
We are not responsible for any fees incurred by you from your bank or financial institution in regards to payments or missed payments or over drawn accounts etc.
Subject to this agreement, we will supply to you the products shown on your order confirmation. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Delivery section of the FAQ on the Website. We do not allow personal pick up.
We have done our best to display as accurately as possible the colours and sizes of the products shown on the Website. However, there are variables beyond our control that may alter the end result of the product delivered to you. These include, but are not limited to, the colours or sizes supplied to us by the manufacture being different to previous batches or orders, the colours you see will depend on your monitor.
Information about products on the website is based on material provided by suppliers and product manufacturers.
We do our best to display as accurately as possible the correct description of each product, however, there are elements beyond our control that may alter the end result of the product delivered to you. These include products that are supplied to us from manufactures that are different to previous batches supplied to us, manufactures descriptions, images that are taken as ‘examples’ or changes that a manufacture makes to a product of its features and fails to notify us of the changes.
You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
Whilst Wholesale Outlet makes every reasonable effort to present accurate information on the Website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Website is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in Wholesale Outlet's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Some products displayed on the website may be one off exclusive items and there may not be others to purchase. In some instances an image and/or description might be used as an ‘example’ of a unique piece and the final product delivered maybe different to the image or description provided. In the event of a unique or one off item being displayed or being used as an example, it will be identified as such within the description section. Should you have any questions, requests or requirements regarding these one off pieces or example pieces please contact us via the contact us page and we will endeavour to assist you.
On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post and various couriers. Each checkout page will show the delivery charge for that item. Depending on the product, our delivery fee maybe a flat fee (promotional delivery) or our delivery fee will be made up of a Base Fee plus a Weight Fee that depends on the destination and weight of each product (standard delivery).
A certain number of the products available for sale through the Website may not be located at Wholesale Outlet's Australian warehouse. Certain products may be warehoused by the suppliers or manufacturers of those products, including in locations outside Australia. In relation to products located outside Australia, such products will be sold EXW (as defined in Incoterms 2000) from the warehouse/s of our supplier(s). Accordingly, goods are made available at that/those location(s) and the sale price does not include carriage, insurance or other such subsequent costs, except as expressly set out in the order.
Wholesale Outlet currently only delivers domestically (within Australia). There are no international (outside of Australia) orders accepted or dispatched. If you live within Australia and wish to have a product delivered within Australia, you will automatically be taken through the delivery process in the checkout.
Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected. However, if you wish to return products in their original packaging and in saleable condition we will provide you with a store credit for the purchase price less delivery fee. A restocking fee of 20% of the order will apply.
Please contact us via the ‘Contact Us’ page on the Website to obtain a Return Authorisation Number as no returns can be accepted without one. We will provide you with a store credit only when we receive the returned product. Return postage is at your expense. Store credits must be used within 12 months of issue. Store credits are not redeemable for cash.
The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a "major" failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
We provide the following express warranties subject to the following terms and conditions:
We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will reimburse you or provide you with an equal amount in store credit for any shipping costs to return the original product to us if the product is faulty.
Replacement products are subject to the same warranties as the original.
You must retain your proof of purchase for any manufacturer warranty claims.
Refunds will be issued by direct deposit, cheque or PayPal at our discretion.
In order to obtain these remedies:
For Australian customers, your orders may be subject to import costs such as customs duties and GST. You are responsible for the payment of any such costs (which may be in addition to the stated purchase price for such goods on the Website).
We aim to provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. You agree to indemnify and hold Very Sirius Enterprises Pty Ltd and Wholesale Outlet as well as its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Website, any breach by you of these Terms and Conditions and/or any goods purchased by you from Wholesale Outlet.
In no event shall Very Sirius Enterprises Pty Ltd and Wholesale Outlet or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, Very Sirius Enterprises Pty Ltd and Wholesale Outlet's liability is limited to an amount equal to the purchase price of the relevant good(s).
To the extent permitted by applicable laws, Very Sirius Enterprises Pty Ltd and Wholesale Outlet do not accept any liability for:
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Wholesale Outlet. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by Wholesale Outlet in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to customers in any other country. Customers from any other country may be required to pay GST or any other taxes that maybe required.
12. Statutory Conditions And Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.
13. Fair Use and promotions
From time to time, we may run promotions, specials, discounts or other marketing related initiatives. These promotions are undertaken in good faith and we reserve the right to alter, cancel, modify or remove any element of any promotion should we feel that a person(s) has acted unfairly or in a way that is in contrary to the spirit of the promotion.
All promotions have a limited time and availability and may only be redeemed once per person, per household. We reserve the right to cancel a person(s) eligibility for a promotion should we identify participation that is deceitful or not in the spirit of the promotion.
An example of deceitful behaviour or acting in a way that is not in the spirit of a promotion is as follows: a current customer cancels their current order (made prior to a promotion) and then signs back up or has someone from the same household sign up to take advantage of a promotional offer.
only one offer maybe used during any one transaction per person / per address
14. Terms and Conditions of Current Promotions:
In addition to the above terms and conditions the following form part of a specific promotion;
Facebook SNAP: 15/09/17 - 30/09/17:
SIDS Buy 1 Get 1 Free Promo Trial Offer: 25/02/16
A Year's Supply of Laundry Liquid or Powder: 20/11/15 - 30/11/15: