WHAT INFORMATION DOES WHOLA COLLECT?
When you register for an account with Whola, or purchase something via our Services we collect personal information you give us such as your name, business name and ABN, and contact details. We store this information within your account.
We engage in email marketing and will from time to time send you promotional emails featuring other businesses or about our Services. You can update these settings at any time in My Account.
When you interact with our Services we automatically receive your IP address, cookie information, type of browser or device you are using to access our Services. This assists us to recognise your browser and measure which pages are visited and by how many people, in turn improving our Service offering. You are able to change your browser preferences to acceptance of cookies, but this can limit the features available to you via our Services.
We do not sell or share your Personal Information with anyone outside of Whola. The only time your Personal Information will be shared is in order to complete an Order or fulfil our Services.
ARE MY PAYMENTS SECURE?
We also recommend you prevent unauthorised access to your Account by choosing a complex password and signing out after each session.
ARE MY PRE-ORDER COMPLETIONS SECURE?
Yes, WHOLA uses Stripe technology to ensure your pre-orders are completed securely. All pre-orders are made to your order, and as such are not cancellable. Should your pre-order completioin decline you will be contacted to arrange payment. In cases where we're unable to reach you to complete payment your order will be cancelled and your deposit and any relating payments will be forfeited by you.
CAN I WITHDRAW MY CONSENT?
Yes. You can opt out at any time or update your details via My Account.
Then please contact us with a detailed message to firstname.lastname@example.org, and we will assist you.
Black Friday Sale commences 12:01am ACST on Wednesday 15 November 2023. Sale prices are as marked and no further discount code is required during the sale. Sale prices apply only while stocks last. We will not under any circumstances be able to honour the advertised sale price on a past order in the form of a refund or store credit, irrespective of how recently your past order was placed. Store Credits are accepted as a payment method during the Black Friday Sale. Due to the fast paced nature of a Black Friday Sale, orders strictly cannot be cancelled, updated or modified once they are placed. Please ensure you check your order thoroughly prior to checking out to avoid disappointment. We will not be held liable for any packages that go missing due to an incomplete or incorrect address.
At Whola we aim to provide you with a tailored wholesale experience to make your buying easier. In order to do this we do collect information about your business, but maintain the confidentiality of this information at all times. The website HTTP://WWW.WHOLA.COM.AU is owned and operated by Whola Pty Ltd (ABN 75 632 644 565) (“WHOLA”, "we", "our", "us").
USE OF THE SITE
INFORMATION ON THIS SITE
INTERNATIONAL TAXES, CUSTOMS CHARGES, DUTIES AND FEES
FAULTY PRODUCT RETURNS
CHANGE OF MIND RETURNS
VOUCHERS AND STORE CREDIT
DISCLAIMER AND LIABILITY
USE OF THE SITE
1.3 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Site is available, temporary interruptions may occur. We will not be liable for any reason the Site is unavailable at any time or for any period.
1.4 We may also restrict access to some parts of or the entire Site, from time to time. We reserve the right to perform unscheduled maintenance on the Site at any chosen time and will not be liable for any resulting loss.
1.5 All content and services provided on or through this site are provided "AS IS" and "SUBJECT TO AVAILABILITY" basis. The Site, its contents and third-party links and advertising are provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.
1.6 By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
1.7 We reserve the right to refuse service to anyone for any reason at any time.
1.8 To access most features of the Site, you must register an Account with us. To register for an Account, you must provide us with accurate and current personal and business information including your name, business name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under the age of majority in your state.
1.4 To place Orders using an Account you must be over under the age of majority in your state, and have the capacity to enter into a legally binding agreement with us. If you are under the age of majority in your state, you may only place an Order with the involvement of a parent or guardian.
1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact our Retailer Success Team immediately and take immediate steps to re-secure your Account (including by changing your password).
INFORMATION ON THIS SITE
2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to WHOLA.
2.2 We extend the rights to use image and video content from the Site once the item featured within that content is purchased by you. Using content from the Site without having purchased that item is a breach of these Terms.
2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
3.1 When Placing an Order, you must follow the instructions on the Site as to how to make your Order. Once placed via checkout your Order is final and may not be edited.
3.2 Prices displayed on the product are the price you must pay excluding Goods and Services Tax (“GST”) and any other charges, such as “Delivery Fees”. Unless otherwise stated all charges are in Australian dollars.
3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our Retailer Success Team immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
3.5 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
(b) there is a conflicting retailer in your suburb;
(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
(d) if there has been an error in the imagery, price or product description on the Site; or
(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
3.6 WHOLA is a marketplace platform that allows third party partner sellers who abide by our marketplace program to list and sell their products on our Site (“Marketplace Partner/Seller”). If products on the Site are being sold by a third party, the Marketplace Partner/Seller is responsible for delivery of those products, and WHOLA will display delivery details specific to those products at the checkout.
4.1 All Terms for Order Contracts (3) apply with the addition of the following Terms;
4.1.a Preorders are made to your specific order and as such may not be canceled
4.1.b When placing a Preorder you agree to pay a Deposit to confirm your Order. The Deposit amount may vary by brand from 0%-100%
4.1.c By placing a Preorder you authorise WHOLA to automatically deduct payment for the balance of your Preorder once the products are ready to ship.
4.1.d Should your balance payment decline you will be contacted to make alternative payment arrangements.
4.1.e If we are unable to collect your balance payment within 10 business days your Preorder will be canceled and any monies paid will be forfeited.
4.1.f Delivery dates are only estimated and may vary. WHOLA will do its best to communicate any delays or early arrivals with you.
5.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t guarantee Delivery dates or times.
5.2 We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.
5.3 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay.
Any redelivery charges will be at your expense.
5.4 Please note that as a business to business service, many of our delivery partners do not deliver to parcel lockers or PO Boxes. Please ensure there is a physical address on your Order where you are able to take delivery.
5.5 Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
5.6 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
6.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made to your original payment method.
6.2 If you wish to cancel your Order, please contact our Retailer Success Team who may be able to assist if the Order has not yet been processed.
6.3 Once an Order has been processed, it cannot be canceled.
INTERNATIONAL TAXES, CUSTOMS CHARGES, DUTIES AND FEES
WHOLA is based in Australia and you are buying from an Australian company, we therefore charge you for your Order in Australian dollars.
The actual price charged to International customers may be subject to:
(i) Taxes in your country;
(ii) The exchange rate applied by the payment provider you have used;
(iii) International transaction fees applied by the payment provider you have used;
(iv) Duties and customs charges once the Order reaches its destination port.
These amounts must be paid by you directly to the Customs Service or its authorised service provider in your country.
Separate Orders placed on the same day may still be subject to the duties, customs charges and fees, as if they were the one order.
Please note we do not charge GST on international orders, all your purchases are made tax free.
*FAULTY PRODUCT RETURNS
8.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please complete this Return Authorisation form. You may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
8.2 Our return window is as follows:
8.2.a Incorrect item received - within 3 days of receipt
8.2.b Ill fitting garments - within 3 days of receipt
8.2.c Items that do not match imagery provided - within 3 days of receipt
8.2.d Manufacturing faults - within 14 days of receipt
Return Authorisation submissions made outside of these timeframes will likely be rejected so please check all deliveries carefully.
8.3 If we believe the product does meet the Return criteria, a Return Authorisation Number will be issued to you, along with instructions for return of the product. WHOLA will cover the cost of all faulty goods returns if it is deemed faulty on arrival.
8.4 If the product is confirmed to have a defect, we will replace or repair the product (if repair is reasonably possible) or credit the price of the product to your WHOLA account to use as a credit note against your next purchase.
8.5 If the product is found not to have a defect we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
8.6 A product is not faulty if, in our reasonable opinion, a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
CHANGE OF MIND RETURNS
9.1 WHOLA does not currently offer change of mind returns.
VOUCHERS AND STORE CREDIT
10.1 Store Credit may be issued in the form of a voucher code as credit for returned faulty goods or as part of a limited time promotion.
10.2 You may use vouchers/promo codes as payment for certain products on the Site.
10.3 Each voucher has specific terms that apply to it and may limit:
10.3.a The expiry date of the Voucher
10.3.b The Sellers the Voucher may be used to purchase from
10.3.c Certain products may be excluded from voucher/promo code promotions
10.3.d Vouchers/promo codes cannot be redeemed for cash. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you.
10.3.e Vouchers/promo codes are not transferable
10.4 You are responsible for the use and safety of your vouchers and gift cards - you should treat them like cash. We assume no Liability for the loss, theft or to the extent permitted by law illegibility of vouchers or gift cards, including if gift cards used without your permission, if your email is hacked or subject to unauthorised used. In the event of fraud, misuse, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your Account and/or require a different means of payment.
10.5 Conditions for the redemption of vouchers/promo codes include:
11.1 Buying with Whola is never more expensive than other wholesale channels.
If you ever find the same item, from the same Seller at a lower price (including the full price for the goods, applicable taxes, and any other additional charges, including delivery charges for the item to be shipped individually to the same customer address), let us know by contacting our Retailer Success Team, and we will do our best to match the price by offering a voucher for such difference in price (for one item only, per customer, per competitor, per day). Our Price Match guidelines include:
The item must be identical
The item must be available in stock (same colour, size, features) and available in the territory in which you are located Prices must be shown on an email or website marketed to consumers located in Australia that is operated by a company, whose details appear on the web page, with an active ABN or ACN Prices must be quoted in the same currency (without the need for currency converter) We will not price match against clear pricing errors made on other sites
11.2 We do not offer ‘price matching’ or ‘price protection’ in respect of items appearing on our own Site. For example, if you buy an item that later goes on sale, we do not offer refunds to your original purchase price to discount it to the sale price.
12.1 From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms.
12.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).
LIMITATION OF LIABILITY AND INDEMNITY
13.1 You agree that we shall not be liable for any damages suffered as a result of using the Site or an Order.
13.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
13.3 We do not endorse the content of any third-party products and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a User or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into content. It is your sole responsibility to ensure the accuracy of the information that you give us for the purposes of an Order.
13.4 As a condition of your access to and use of the Site, you agree to defend, hold harmless, and indemnify us and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
13.4.a your access to and use of the Site and any Order; or
13.4.b your breach of these Terms and any applicable law or the rights of another person or party; or
13.4.c any breach of contract or other claims made by a third party who is a recipient of your Order.
13.5 This indemnification section survives the delivery of your Order.
13.6 You hereby release us and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees from claims, demands, and damages whether actual or consequential of every kind and nature, known or unknown, arising out of or in connection with any dispute you have with us, whether it be at law or in equity. This includes, for example and without limitation, any disputes regarding performance, quality, functions, and quality of the Products.
13.7 Neither the release in this clause nor the indemnity abrogates any implied warranty by law including those implied by the consumer laws of each country we operate in.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Retailer Success Team at first instance.
17.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.
17.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
17.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
17.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
16.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
16.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of WHOLA, any holding companies of WHOLA, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
17.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
17.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
17.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of South Australia and both parties hereby submit to the exclusive jurisdiction of the courts of South Australia.