Call Us: 023 80 336 111

Welcome to MX Wholesale!

Terms And Conditions

1.Shipping

We ship inside the UK & Ireland. Other countries only on special request.

Delivery times are not binding. Binding delivery times require our written confirmation. Shipping is made according to the Shipping Conditions valid at the time of your order. For Security, Delivery will only be made to the address attached to the credit card. We do not deliver to alternate addresses unless this has been pre-arranged with a member of our staff. To do this please call 023 8033 6111 during our opening hours. (monday-friday 9.00am-5.30pm)

Exact shipping cost is not included in your online order but is added after your goods have been collected and weighed and deducted from your payment method.

Minimum carriage charge will be £7.95 which covers up to 15Kg then 20p per additional Kg.

Deliveries must be signed for, failed deliveries may incur charges.

The Customer is responsible for ensuring that they provide the Company with full and accurate delivery details. The Company will not be liable for any mis-delivery arising out of incorrect information provided.

The Customer must be available to sign for and unload the delivery. Deliveries must be signed for by someone aged 18 or over.

In the event of a failure to accept any delivery by the Customer, otherwise than by reason of the Company’s fault or by reason of Force Majeure, the Price and any Additional Charges shall immediately become due for invoice in accordance with our Delivery information and the Company shall be entitled to store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance), the Goods being held at the Customer’s risk.

Any request for proof of delivery must be received by us within 2 (two) months from the Invoice date, otherwise we will deem that you have acknowledged receipt of delivery.

More information on Shipping terms can be found on our 'Claims and Returns' page found by clicking here

Carriage Of Liquids

Unfortunately we cannot accept claims against damaged liquid products unless you have asked for your goods to be send on a pallet delivery. This is due to the fragile nature of the liquids and the majority of couriers not offering compensation on damages to them. Therefore if you would like pallet delivery of liquids please view our pallet rates guide for the price of a pallet delivery to your postcode and if acceptable add to the notes during checkout 'Pallet Delivery'. If you have not asked for a pallet delivery and your goods are damaged in transit we regret that you will not be able to claim against these damages.

2. Conclusion of contract and prices

By clicking the "confirm order" button in the checkout area of the online shop you submit your binding offer to conclude a contract of sale of the products in your shopping cart. Following the submission of your order you will receive a confirmation by email to confirm the receipt of your order. This e-mail is not an acceptance of the contract. The contract is concluded by delivering the articles. All our offers are not-binding. All prices are net prices, value added tax and carriage costs are added in final invoicing.

3. Right to return goods

You have the right to return ordered goods within 14 days after receipt. If you return the goods within the 14-day term, this will be considered as admissible revocation of the purchase contract. To meet the 14-day term it is sufficient to return the goods in time with a return form (which can be obtained by contacting MX Wholesale) to: MX Wholesale, 72-94 Millbank Stree, Northam, Southampton, Hants, S014 5QN. It is not necessary to give any reason for the return. Payments already made will be reimbursed to you after receipt of the returned goods. Goods manufactured to your specifications and clearly tailored for individual needs are excluded from the right of return. In case goods are culpably destroyed, damaged or depreciated in value through use by you or a person attributed to you, you have to make a compensation for the goods value or for its depreciation in value. We will not accept returned goods without a valid returns form and number which will need to be obtained from us prior to any return. We do not re-imburse carriage costs for goods being returned to us unless prior arrangement is made. All goods being returned may be subject to a admin and restocking charge of 20% or £5.00 (whichever is greater) of value of goods returned.

If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related. Refunds will exclude shipping and handling fees. If you are returning the Product(s) which use free shipping (in any case), the shipping fee will deduct from returning amount.

Returned items should be new and unused, with all labels and tags intact and in their original packaging.


4. Warranty and Liability

The warranty is subject to the legal regulations of the UK. If the object of sale has a defect, we can remedy the defect or replace the object. In the event that the remedial measures or the replacement delivery fail, you shall be entitled to rescind the contract or to demand a price reduction.

Unless expressly provided in these Terms, all warranties conditions or other terms implied by statute or common law is excluded to the fullest extent permitted by law. The Company makes no warranty as the fitness of the Goods for any particular purpose even if that purpose is stated in the Customer’s Order. The Customer must satisfy themselves as to the fitness of the Goods for the purpose for which they are intended.

Where any valid claim in respect of the Goods is made by the Customer the Company shall be entitled to replace or repair the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the Price of the Goods (or a proportionate part of the Price), the Company shall have no further liability to the Customer.

No warranty conditions or other terms as to quality, quantity or fitness for any purpose of the goods delivered under this contract with the Company is given or accepted. In any event the liability of the Company shall not exceed the total contract price.

5. Reservation of title

Any goods delivered or collected shall remain our property until they have been paid for in full.

5.1 Notwithstanding delivery, title to and ownership of the Products shall not pass to Buyer until Payment. Payment is when:

5.1.1 Seller has received in full (in cleared funds) all sums due to it in respect of the Products;
5.1.2 Seller has received in full (in cleared funds) all other sums which are or which become due to
Seller from Buyer on any account; and
5.1.3 Seller and Seller’s Affiliates have received in full (in cleared funds) all other sums which are or
which become due to Seller and Seller’s Affiliates from Buyer and Buyer’s Affiliates on any
account.

5.2 Until Payment, Buyer shall:


5.2.1 hold the Products on a fiduciary basis as Seller's bailee;
5.2.2 hold the Products in good, saleable condition;
5.2.3 keep the Products fully insured with a reputable insurance company for the full price against all
risks of loss or damage from the time when risk passes to Buyer until property passes. On
request, Buyer shall produce the policy of insurance to Seller. If the Products are lost, damaged or
destroyed, Buyer shall hold the proceeds of insurance for and to the order of Seller pending Payment;
5.2.4 keep an up-to-date list of the location of Seller’s property and present this to Seller upon
request; and
5.2.5 store the Products separately from other goods or in any way so that they remain readily
identifiable as Seller’s property.

5.3 Buyer may resell the Products before Payment solely on the following conditions:


5.3.1 any sale shall be effected in the ordinary course of Buyer's business at full market value;
5.3.2 any sale shall be a sale of Seller's property on Buyer's own behalf and Buyer shall deal as principal when making the sale;
5.3.3 Buyer shall keep the proceeds of sale separate from any money or property of Buyer or third
parties; and
5.3.4 Buyer shall still be responsible for paying to the full value of the Payment.

5.4 Seller may at any time until title passes under this Clause 4 without notice recover possession of the Products which are the property of Seller. Seller may also require Buyer at Buyer’s cost, within three days of Seller’s request, to deliver up to Seller or make available to Seller for collection from a single accessible collection point as Seller requires all Products which are the property of Seller. Buyer hereby grants to Seller for Seller and its agents, staff, officers, employees and contractors an irrevocable licence to enter for the purpose of recovering possession of the Products any premises then occupied by or in the ownership or possession of Buyer or Buyer’s customer. Buyer shall indemnify Seller against all claims, losses, damages, liabilities, costs and expenses so arising in exercising its rights under this Clause.

5.5 Seller may recover payment for the Products notwithstanding that ownership of any Products has not passed from Seller.

5.6 On termination of this Contract, howsoever arising, Seller's rights contained in this Clause 4 shall remain in effect.

6. Content

MX Wholesale make no representations about the suitability of the content, material or information contained in the pages, documents, downloads and graphics published on the web sites ("Content") for any purpose. All Content is provided on an "as is" basis without warranty of any kind. MX Wholesale hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and non-infringement.

While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could include technical inaccuracies, typographical or photographic errors (all images are used for display purposes only). We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions.

Changes are regularly made to the Content. MX Wholesale may make improvements and/or changes to the Services and/or the Content at any time without notice.

Other than in accordance with these terms and conditions or with the prior written consent of mx wholesale, you may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.

7. Charges

We will sometimes have to pass on charges that are charged to, or cost us an expense due to your order. This is a rarity but may include.

 

 -Carriage Charges

 

8. Privacy

All Information that is needed for processing your order is transmitted through a secure connection using 128 Bit SSL encryption. The personal data provided by you at the beginning of, or during the course of business dealings shall be processed and, in particular, stored in compliance with the provisions of the UK Data Protection Act. You are entitled to have your personal data deleted or corrected at any time. Please contact info@mxwholesale.co.uk or send us your request in writing by mail. Personal data shall not be passed on to third parties. Excluded are our service partners, which need the transmission of data for the handling of your order. (e.g. parcel-service or bank). In this cases however the passing of data is limited to the necessary minimum.

9. Minimum amount for your orders

As a wholesale supplier we have a minimum order, unless otherwise arranged with a member of staff a low value surcharge will be added to orders falling below this value.

Minimum order £50.00 (before carriage and VAT) a 20% or £3.00 surcharge (whichever is greater) will automatically be added on orders under £50.00.

10. Final clauses 

In the event that one or several of these terms of business are invalid wholly or in part, this shall not affect the validity of the remaining provisions. Invalid terms are replaced by the regulations provided by law. By placing an order you declare to agree with our trading conditions. Deviating conditions require our written agreement.

11. Risk and Title of Goods

Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery to the address provided by the Customer to the Company when the order is placed, or some other such address as may be agreed between the parties from time to time.

Title of the Goods shall not pass to the Customer until the Company has received in full in cleared funds all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Customer on any account.

Until such time as the title in the Goods passes to the Customer if Goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurance as trustee for the Company.

Risk of loss passes to the customer

12. Termination

This Contract with immediate effect by giving notice to the other party if:

(i) the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified to make such payment;

(ii) the other party commits a material breach of any other term of this agreement and fails to remedy that breach within a period of 14 days after being notified to do so;

(iii) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the IA 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

(iv) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

(v) A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company); or

(vi) An application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company).

The termination of this Contract howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued due prior to termination. The provisions in this Contract which expressly or impliedly have effect after termination shall continue to be enforceable.

13. Compliance

If the Company is the subject of a request, court order or other directive of a governmental or regulatory authority to withdraw any Goods from the market (Recall Notice) it shall immediately notify the Customer in writing enclosing a copy of the Recall Notice. If required the Customer agrees to undertake a product recall or withdrawal in accordance with the Company's instructions as to the process of implementing the withdrawal.

14. Discrepancies
While every care has been taken to ensure that all product details including descriptions, sizes, quantities, images and other related information appearing on the online store and within our documentation and specifications are correct at the time when the relevant information was entered onto the system. Although we aim to keep the store as up to date as possible, the information of products appearing on this website at a particular time may not always reflect the data exactly at the moment you place an order, therefore when you receive goods, you should always read the products label and not rely solely on the information provided on the website or any documentation provided, it is also your responsibility to check the quantity & quality of your order and notify us in writing within 2 working days (from the date of receiving goods) if there are any discrepancies between the order and item(s) received (including between the product's descriptions or specifications shown on the online store and on the goods packaging.

Although product information is regularly updated, MX Wholesale is unable to accept liability for any incorrect information. This does not affect your statutory rights.

In the event of a discrepancy or error you have the right to return your order or may notify us if you are happy to keep them. If you would like to return all or part of your order, you need to coordinate it with us through our returns procedure (detailed on our returns policy page). If you would like to keep your order after this period, this will imply the goods are satisfactory and suitable for your requirements, that you accept any discrepancies and you will waive any future right to claim for any refunds, penalties or fines.

By placing an Order with Us, You confirm that you are doing so in the course of business and have authority to bind any business on whose behalf you place an Order.