Terms of Service

Wholesafety Terms of Service

Last Updated: April 08, 2022

Welcome to the Wholesafety, Inc. (“Wholesafety”) web site located at www.wholesafety-group.com (“the Site”). Wholesafety provides this Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.”

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

Registration & Eligibility

Wholesafety is PPE manufacturer and an online retailer of designer-quality goods offered at great values and safety to the consumer. Registration allows customers to purchase a variety of products, from accessories to essentials accordingly to stock availability. You can sign up by registering and creating an “Account.” You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Policy

Please refer to our Privacy Policy https://www.wholesafety-group.com/privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Payments

When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable at checkout and the conversion rate will be defined at the moment of payment. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

Customer Satisfaction

At Wholesafety, we are committed to providing our customers with great quality products at competitive prices. Our products are sold online only in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our return policy.

Other Promotions

We reserve the right to refuse, suspend, or revoke promotional offers at any time.

Content

(a) Our Content

All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Wholesafety (“Content”). We either own or have a license to all such Content.

Subject to your compliance with these Terms, Wholesafety grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

(b) User Content

“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).

By making any User Content available through the Services you hereby grant to Wholesafety a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Wholesafety’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Wholesafety is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.

Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Wholesafety as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Wholesafety on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

The Site includes the Wholesafety, Inc page located at www.Wholesafety.com, which extracts content from our users and customers who share photos and videos on Instagram using Wholesafety’s brand hashtags, including #Wholesafety, #WholesafetyArcPPE, #WholesafetyPPE, Wholesafety Instagram account @Wholesafety (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Wholesafety’s retail locations, showrooms, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

(d) DMCA/Copyright Policy

Wholesafety respects copyright law and expects its users to do the same. It is Wholesafety’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Use of the Services

We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Services, or any individual element within the Services, Wholesafety’s name, any Wholesafety trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wholesafety or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Attempt to interfere in any way with the Services or Wholesafety’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other third party or individual to do anything listed above.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

International Orders

Customers who access and use the wholesafety-group.com website from outside the EU are responsible for complying with their local laws and regulations. When you place an order and select a shipping address outside of the EU you or your designated consignee are the Importer of Record and as such are authorizing Wholesafety to import the goods to your destination country on your behalf. Furthermore, you agree that Wholesafety may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). When indicated on the website, Wholesafety through its own or 3rd party software tools will make its best effort to calculate and collect the applicable duties and taxes and any other additional fees up front, either at Checkout or included in the product price, but ultimately you or your designated consignee as Importer of Record are responsible to pay the applicable duties & taxes and any other import fees to your local customs authorities.

You will be responsible for payment of all such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.

Feedback

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Correction of Site Errors

The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

Indemnity

You agree to indemnify and hold Wholesafety (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).

Third Party Links

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.

Products in the Online Store

The Products are described on our website, in our catalogue and in our advertising materials. However, any samples, drawings, descriptive matter or advertising which we produce and any descriptions or illustrations contained on our website or in our catalogue or in our advertising materials are produced for the sole purpose of giving you an approximate idea of the Products described. They shall not form part of the Contract and shall have no contractual force.

Availability

All Products shown on our website, in our catalogue and in our advertising materials are subject to availability.

If the Product you have ordered from us is unavailable, we reserve the right to:

Cancel your order for the Product and refund you the price you paid for the Product; or offer you an alternative Product that is of a similar type and specification to the Product you ordered from us at the same price as the Product you ordered from us.

If you are not happy with any alternative Product we supply, you may return the alternative Product to us at your risk and cost. In this case you or we may cancel your order for the Product by written notice in which case we will refund you the price you paid for the Product, and any carriage costs incurred; or you and we may agree to wait for the Product you ordered from us to become available at which time we will supply the Product to you in accordance with your order.

Return & Refund Policy

You may, at any time up to 30 (thirty) calendar days after delivery of the Product, return the Product to us at your risk and cost. To return a Product to us, you must first write to us on order@wholesafety-group.com and obtain a returns note. We will not accept Products returned to us without this returns note. Goods supplied correctly by us shall be returned at your cost, whereas goods incorrectly supplied by us, will be collected at our cost.

If you return a Product to us under, we reserve the right to charge you a restocking fee of 15% of the price you paid us for the Product (excluding VAT). You must also pay us a sum equal to any VAT payable on the restocking fee. We may invoice you for the restocking fee immediately. These monies will be deducted immediately from your account.

You may not return a Product to us unless the Product is not returned to us in the same condition as it was delivered to you; or if the Product has been branded for you.

Refunds

All return for credit/exchanges must be within 30 days from the date of receipt of the item. (excluding items returned due to quality issues)

Goods will not be accepted back from the Customer without an official Wholesafety returns authorization document, these can be requested at anytime by emailing order@wholesafety-group.com with the order reference and the details of your returns request.

Customer will arrange the return at own expense via preferred courier – Wholesafety can arrange the collection for you for a fee of £7.50p per parcel up to a maximum weight of 15kg anything above this will need to be quoted separately.

Credit Notes will be issued upon receipt of returned goods if applicable within 10 working days after going through the relevant quality checks

Returned goods must be resalable – unused* and returned in the original packaging. Failure by you the customer to meet this requirement could result in a refusal to action the returns request.

*excluding goods returned with quality issues.

Goods returns due to quality issues are still required to be sent back to Wholesafety in a respectable conditioned (washed if the garment has been used before the quality issue occupied to allow us to inspect the garment)

Faulty Goods

If you believe your product to be faulty contact us at order@wholesafety-group.com to raise your return. In some instances, we may require images to assess the damage to your garments before approving your return.

Once your return is approved please:

Return your item in a clean condition as these will need to be handled by our Quality department.

Include the returns note in your parcel.

Your items will be returned to you if they do not meet these criteria at your cost.

If for any reason you are unable to wash your item before return, please inform us and we will arrange for the garment to be dry cleaned at your cost.

Branding Products

If you ask us to brand your Products: you are responsible for making sure that any branding you submit to us is accurate and complete; and you will indemnify us against all liabilities, costs, expenses (including legal expenses), damages and losses incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights as a result of us branding the Products for you

Delivery

If we have agreed to deliver the Products to you, your order will be fulfilled within a reasonable time of receipt of your order. If we have agreed that you will collect the Products from us, you must collect the Products from us within 5 (five) Working Days of us notifying you that the Products are ready for collection. Working days means that Saturdays, Sundays and bank and public holidays in EU are not included in this period (Working Days).

Delivery will be completed on the unloading of the Products at the address you gave us or when you collect the Products from us, depending on what we have agreed.

Any dates quoted for the delivery of the Products are approximate only, and time of delivery shall not be of essence. We shall not be liable for any delay in delivery of the Products that is caused by an Unforeseen Event (an Unforeseen Event is defined below. (Unforeseen Event)) or your failure to provide us with adequate delivery instructions or any other instructions relevant to the supply of the Products.

We shall not be liable for any failure to deliver the Products to the extent that such failure is caused by an Unforeseen Event or your failure to provide us with adequate delivery instructions or any other instructions relevant to the supply of the Products.

If we are not able to deliver the whole of your order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments, and each instalment shall be paid for separately. We will not charge you extra delivery costs for this. However, if you ask us to deliver your order in instalments, we may charge you extra delivery costs. Each instalment shall be a separate Contract. If we are late delivering an instalment or if one instalment is faulty, that will not entitle you to cancel any other instalment.

Inspection

You must inspect the Products immediately upon delivery. You must notify us in writing within 3 (three) Working Days of delivery of the Products of any defects which a reasonable inspection of the Products would reveal (Apparent Defects). If you do not notify us of any Apparent Defects within 3 (three) Working Days of delivery of the Products, the Products shall be deemed not to have any Apparent Defects.

Risk, Ownership and Instruction for Use

The risk in the Products shall pass to you on completion of delivery to you, your carrier or your nominee. Title to the Products shall pass over to you upon delivery. You are responsible for Reading and understanding the instructions for use and if the Product is aimed to be worn by a third person you must verify he can read and understand the user's instructions as well.

Warranty

We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall: conform in all material respects with their description; be free from material defects in design, material and workmanship; and be fit for any purpose held out by us.

If you give us notice after inspection in writing within reasonable time after receiving of discovery that some or all of the Products do not comply with the warranty set out above, we are given a reasonable opportunity of examining the Products; and you (if we ask you to) return the Products to us at your cost we will, at our option, repair or replace the defective Products or refund the price of the defective Products in full.

The warranty does not apply to any defect in the Products if the defect is an Apparent Defect which you failed to report to us within 3 (three) days or you make any further use of the Products after giving us notice of the defect; the defect is caused by fair wear and tear; the defect is caused by wilful damage, abnormal storage or working conditions, accident or negligence by you or by any third party; the defect is caused by your failure to operate, store, commission, install, use or maintain the Products in accordance with the user instructions or good trade practice regarding the same; the defect is caused by any alteration or repair by you or by a third party who is not one of our authorised repairers; or the defect is caused by us applying any branding you submit to us to the Products.

These Terms shall apply to any repaired or replacement Products which we supply to you.

Our warranty can include but is not limited to:

Slipped seam.
Incomplete stitching.
Broken zipper (within 28 days).

Our guarantee does not cover (not exclusive):

Wear and tear.
Damage from incorrect care for the garment.
Damage caused by incorrect washing.

Ripped and split garments.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Our Liability

Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other liability which we cannot lawfully limit or exclude.

We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

Our total aggregate liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise (including without limitation sections 13 to 15 of the Sale of Goods Act 1979) is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

IN NO EVENT WILL WHOLESAFETY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WHOLESAFETY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WHOLESAFETY, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHOLESAFETY AND YOU.

Unforeseen Events

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Unforeseen Event. An Unforeseen Event means any act or event beyond our or your reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Unforeseen Event takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Unforeseen Event.

Dispute Resolution

Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration.

What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.

What rules apply in the arbitration? The arbitration will be conducted under the ODR https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

General Terms

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Wholesafety and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wholesafety and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Wholesafety’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Wholesafety may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by Wholesafety under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

Wholesafety’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wholesafety. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.