WHOLESALE TERMS & CONDITIONS

These Terms & Conditions apply to all wholesale orders placed with Market Tower Ltd (“Market Tower”, “we”, “us” or “our”) through our website.

Market Tower operates strictly on a business-to-business (B2B) basis. By applying for a trade account or placing an order, the buyer confirms that they are purchasing in the course of business and agrees to be bound by these Terms & Conditions.

1. Trade Customers

Market Tower supplies goods to business customers only.

Our wholesale website is not intended for private consumers.

To place an order, each buyer must apply for and receive approval for a trade account.

Market Tower reserves the right to approve, refuse, suspend or close a trade account where there is a reasonable commercial, compliance or security reason to do so.

2. Trade Account Application

Before placing an order, the buyer must complete the Market Tower Trade Account Application.

Applicants may be required to provide:

  • legal business name;
  • trading name, where applicable;
  • company or business registration number;
  • proof of business registration;
  • VAT number, where applicable;
  • registered or business address;
  • billing and delivery details; and
  • contact details.

Market Tower may request additional information where reasonably required to verify the business.

Submitting an application does not automatically guarantee approval.

Trade accounts are issued to the approved business only and may not be transferred, shared or used by another business.

The buyer is responsible for ensuring that all information provided to Market Tower is accurate and kept up to date.

3. Prices and VAT

All wholesale prices displayed on the website are stated in euro and are exclusive of VAT, unless expressly stated otherwise.

VAT will be added at the applicable rate.

Market Tower reserves the right to amend prices at any time without prior notice.

The price applicable to an order will be the price displayed at the time the order is placed, subject to correction of any obvious pricing, technical or administrative error.

Where a product has been incorrectly priced or described, Market Tower reserves the right to cancel the affected item or order and refund any amount paid in respect of it.

4. Minimum Order

The minimum wholesale order value is €250 excluding VAT and delivery charges.

Orders below this amount will not be accepted through the website.

5. Orders

All orders are subject to acceptance by Market Tower and availability of stock.

An automated order acknowledgement does not necessarily constitute final acceptance of the order.

Market Tower reserves the right to refuse, limit or cancel an order where reasonably necessary, including in cases of:

  • stock shortages;
  • pricing errors;
  • payment issues;
  • suspected fraudulent activity;
  • misuse of a trade account; or
  • other reasonable commercial or compliance concerns.

If an item becomes unavailable after an order has been placed, Market Tower may refund the unavailable item or contact the buyer regarding an alternative.

6. Payment

All orders must be paid in full at the time the order is placed.

Market Tower does not provide credit facilities or payment terms.

Goods will not be dispatched until full payment has been received.

DELIVERY

7. Delivery Area

We deliver anywhere within the Republic of Ireland.

No UK or international orders are accepted through our website.

Businesses outside the Republic of Ireland that are interested in purchasing from Market Tower must contact us in advance to discuss availability and terms separately.

8. Delivery Charges

Standard delivery within the Republic of Ireland is €19.95 + VAT.

Delivery is FREE on all orders over €300 excluding VAT.

The standard delivery charge is based on shipments weighing up to 20 kg.

Where an order exceeds 20 kg, the shipment may be divided into two or more separate packages. Additional delivery charges may apply depending on the total weight and number of packages required.

Large, unusually heavy or palletised orders may also be subject to additional delivery charges.

Where additional delivery charges apply, Market Tower will advise the buyer before dispatch.

9. Delivery Times

Any delivery date or delivery timeframe provided by Market Tower is an estimate only and is not guaranteed.

Market Tower will make reasonable efforts to dispatch orders promptly but will not be responsible for delays caused by circumstances outside our reasonable control, including courier delays, transport disruption, weather conditions, supplier delays or other unforeseen circumstances.

The buyer is responsible for providing a complete and accurate delivery address.

The buyer must ensure that an authorised person is available to accept the delivery where required.

Any additional cost arising from an incorrect delivery address, refused delivery, unsuccessful delivery attempt or re-delivery may be charged to the buyer.

GOODS, DAMAGES & RETURNS

10. Inspection of Goods

The buyer must inspect the shipment promptly following delivery.

The buyer should check:

  • the quantity received;
  • the products supplied;
  • the condition of the products;
  • the condition of the packaging;
  • whether any items are missing; and
  • whether any incorrect items have been supplied.

11. Damaged, Missing or Incorrect Goods

Any goods damaged during delivery, missing from the shipment or supplied incorrectly must be reported to Market Tower within 24 hours of delivery.

The buyer must provide reasonable supporting evidence, which may include:

  • order number;
  • description of the issue;
  • photographs of the affected products;
  • photographs of the external packaging;
  • photographs of the internal packaging;
  • delivery label; and
  • details of the quantity affected.

The buyer must retain the affected products and packaging until the claim has been reviewed.

Market Tower may request additional information where reasonably required.

Claims relating to delivery damage, shortages or incorrect goods that are submitted more than 24 hours after delivery may not be accepted.

12. Returns

Market Tower operates strictly on a B2B basis.

Goods cannot be returned because:

  • the buyer has changed their mind;
  • the goods are no longer required;
  • the products are selling slowly;
  • the buyer has over-ordered; or
  • the buyer is otherwise unable to resell the stock.

Products that have been opened, used, tested, altered, damaged or removed from their original saleable packaging cannot be returned.

Any return must be authorised by Market Tower in advance.

Unauthorised returns may be refused.

Clearance, promotional, discontinued or specially ordered goods may be non-returnable except where supplied incorrectly or where an accepted product defect applies.

PRODUCT RESPONSIBILITY

13. Manufacturing Defects

Market Tower acts as a wholesale distributor and does not manufacture the products supplied through the website.

The relevant manufacturer and/or Responsible Person is responsible for matters relating to product formulation, manufacturing, ingredients and product-specific characteristics.

Where a manufacturing defect is suspected, the buyer should provide Market Tower with reasonable supporting evidence, including photographs, video and batch information where available.

Market Tower may refer the matter to the relevant manufacturer, supplier or Responsible Person for investigation.

Any replacement, credit or other remedy may be subject to verification of the reported manufacturing defect.

14. Allergic Reactions, Adverse Effects and Product Safety

Complaints relating to allergic reactions, adverse effects, ingredients, formulation or other product-specific safety matters may be referred to the relevant manufacturer or Responsible Person identified on the product or packaging.

Where Market Tower receives information concerning a potential product safety issue, Market Tower may forward that information to the manufacturer, Responsible Person, supplier and/or relevant regulatory authority where appropriate or legally required.

Nothing in these Terms & Conditions excludes any obligation that Market Tower is required to comply with under applicable Irish or European Union law.

15. Product Information

Market Tower takes reasonable care to ensure that product descriptions and information displayed on the website are accurate.

However, manufacturers may change product packaging, labelling, formulation, ingredients, design, size or specifications without prior notice.

Product images are provided for general reference only, and the actual packaging received may occasionally differ from the images displayed on the website.

Buyers are responsible for checking the current information shown on the product and its packaging before resale.

16. Storage and Handling

Following delivery, the buyer is responsible for the appropriate storage, handling and protection of the products.

Goods must be stored in accordance with any instructions provided by the manufacturer and under conditions that do not adversely affect their quality, safety or condition.

Market Tower is not responsible for deterioration, damage or loss caused by inappropriate storage, handling, excessive heat, cold, moisture, exposure or other conditions occurring after delivery.

17. Product Packaging and Traceability

Products must be resold in their original condition and packaging unless otherwise expressly authorised.

The buyer must not remove, obscure, alter or replace:

  • batch numbers;
  • product labels;
  • ingredient information;
  • expiry information;
  • period-after-opening information;
  • Responsible Person details;
  • regulatory information; or
  • safety information.

Products must not be repackaged, relabelled or altered in a manner that may affect their safety, traceability or regulatory compliance.

18. Product Recalls and Safety Notices

Where Market Tower, a manufacturer, supplier, Responsible Person or regulatory authority issues a product recall, withdrawal or safety notice, the buyer must cooperate with all reasonable instructions relating to the affected products.

This may include:

  • immediately stopping the sale of affected products;
  • identifying remaining stock;
  • isolating affected stock;
  • providing relevant batch information; and
  • providing information reasonably required for product traceability.

19. Resale of Goods

The buyer is responsible for ensuring that all products purchased from Market Tower are resold in accordance with applicable laws and regulations.

Market Tower does not guarantee any particular resale price, sales volume, profit margin, rate of sale or commercial performance.

Any recommended retail price provided by Market Tower, a supplier or manufacturer is a recommendation only unless otherwise expressly agreed in writing.

20. Marketing Materials

Unless separately agreed in writing, wholesale orders do not include marketing materials, promotional materials, displays, testers, product photography or other marketing support.

TRADE ACCOUNTS

21. Account Security

The buyer is responsible for keeping its trade account login details secure.

The buyer is responsible for orders placed through its account.

Market Tower should be notified promptly if the buyer believes that its account has been accessed or used without authorisation.

22. Suspension or Termination of Trade Accounts

Market Tower reserves the right to suspend, restrict or close a trade account where reasonably necessary.

This may include circumstances involving:

  • false or misleading information;
  • fraudulent activity;
  • misuse of the website;
  • payment problems;
  • repeated refused deliveries;
  • breach of these Terms & Conditions;
  • product safety concerns;
  • unauthorised alteration or misuse of products; or
  • other serious commercial, legal or regulatory concerns.

GENERAL TERMS

23. Limitation of Liability

To the maximum extent permitted by applicable law, Market Tower will not be liable for indirect or consequential business losses, including loss of profit, loss of revenue, loss of business opportunity, loss of anticipated savings or loss of goodwill.

Nothing in these Terms & Conditions excludes or limits liability where such liability cannot lawfully be excluded or limited.

24. Events Outside Our Control

Market Tower will not be responsible for delay or failure to perform its obligations where such delay or failure results from circumstances outside its reasonable control.

Such circumstances may include, without limitation:

  • transport disruption;
  • courier delays;
  • strikes;
  • extreme weather;
  • supplier shortages;
  • customs disruption;
  • government restrictions;
  • system or telecommunications failures; or
  • other unforeseen events.

25. Intellectual Property

The Market Tower name, website, logo, written content, graphics and other materials owned by Market Tower may not be reproduced, copied or used without prior permission.

Third-party trademarks, brand names, product names and other intellectual property remain the property of their respective owners.

26. Privacy

Information provided when applying for a trade account or placing an order will be processed in accordance with Market Tower’s Privacy Policy and applicable data protection law.

27. Amendments to These Terms

Market Tower reserves the right to amend these Terms & Conditions from time to time.

The version published on the website at the time an order is placed will apply to that order.

28. Governing Law and Jurisdiction

These Terms & Conditions are governed by the laws of Ireland.

Any dispute arising out of or in connection with these Terms & Conditions or any wholesale transaction with Market Tower will be subject to the jurisdiction of the Irish courts.

29. Contact

For enquiries relating to trade accounts, orders, deliveries, claims or these Terms & Conditions, please contact Market Tower Ltd using the contact details provided on our website.

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