Terms & Conditions

Customers Terms & Conditions

  1. The Offer is subject to availability and may be withdrawn or amended without notice by WholeLot. The Offer has cash alternative.
  2. The Offer only applies if the same delivery speed is selected for all Qualifying Items and Promotional Items, as applicable. Please check the "Delivery Details" section during checkout to confirm that all Qualifying Items and Promotional Items have the same delivery speed.
  3. The Offer may not be used on pre-existing orders or in conjunction with any other offer.
  4. The Offer only applies to items sold by WholeLot at the website or WholeLot App . The Offer does not apply to purchases made from third-party sellers on WholeLot's Marketplace platform.
  5. If the Offer is subject to a Minimum Purchase requirement:
    (i) if you remove Qualifying Items from your Basket, so that the combined purchase value of the remaining Qualifying Items at checkout falls below the Minimum Purchase requirement, the Offer will cease to apply;
    (ii) if you cancel your order for a Qualifying Item (so that the combined purchase value of the remaining Qualifying Items falls below the Minimum Purchase requirement) or a Promotional Item, the Offer will cease to apply; and
    (iii) if you return a Qualifying Item (so that the combined purchase value of the Qualifying Items you retain falls below the Minimum Purchase requirement) or a Promotional Item, WholeLot reserves the right to charge you (using the payment method you used for the original order and without further notice) for the discount or the Promotional Item you received as part of the Offer.
  6. If the Offer is not subject to a Minimum Purchase requirement:
    (i) if you remove all Qualifying Items or all Promotional Items from your Basket, the Offer will cease to apply;
    (ii) if you cancel your order for a Qualifying Item or a Promotional Item, the Offer will cease to apply; and
    (iii) if you return a Qualifying Item or a Promotional Item, WholeLot reserves the right to charge you (using the payment method you used for the original order and without further notice) for either the discount or the Promotional Item you received as part of the Offer.
  7. If this Offer is a fixed price offer (e.g., ‘Two Blu-ray Titles for £10’), the stated fixed price is payable by you, wherever you are located and irrespective of your VAT registered status.
  8. Postage and packing will be applied to each item in accordance with WholeLot's standard delivery rates and policies
  9. WholeLot's Conditions of Use and Sale for using the Website apply. If you have any enquiries please contact WholeLot using the contact us form or Live Chat available on Website

Conditions of Sale

These Conditions of Sale govern the sale of products by WholeLot to you.We offer a wide range of WholeLot Services, and sometimes additional terms may apply. When you use an WholeLot Service, you will also be subject to the terms, guidelines and conditions applicable to that WholeLot Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with WholeLot. By placing an order with WholeLot, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to WholeLot to buy the product(s) in your order. When you place an order to purchase a product from WholeLot, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with WholeLot . Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE

STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

You must inform us (WholeLot ) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our Returns Support Centre by contacting us in Contact Form or in Live Facebook Chat or by emailing us to info@wholelot.co.uk. In case you use the return centre, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item via our return centre.

For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.

EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if WholeLot has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the delivery of newspapers, journals or magazines with the exception of subscription contracts for the supply of such publications; and
  • the supply of alcoholic beverages whose actual value is dependent on fluctuations in the market which we cannot control.

OUR VOLUNTARY RETURNS GUARANTEE

Without prejudice to your statutory rights, WholeLot provides you with the following voluntary returns guarantee:

All products from the WholeLot sites can be returned within 30 days of receipt of the products to WholeLot if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed data media (for example CDs, audio cassettes, VHS videos, DVDs, PC and video games and software) this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. The products are to be returned via our Returns Support Center. This voluntary returns guarantee does not apply to digital products or software which are not supplied on a tangible medium (e.g. on a CD or DVD).

If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs are borne by you. The costs of delivery and return are only refunded for returns of clothing or shoes from our sites. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.

Details on returning and refunds can be found Returns and Refunds

3. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

4. PRODUCT INFORMATION

Unless expressly indicated otherwise, WholeLot is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. WholeLot accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

5. CUSTOMS

When ordering products from WholeLot for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from WholeLot, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

6. Quick ORDERING

Quick ordering is the fastest and easiest way to order products safely and securely from WholeLot. If you are using a public or shared computer terminal, we strongly recommend that you deactivate Quick ordering when you are not at the computer.

7. OUR LIABILITY

WholeLot and its affiliates will not be responsible for
(i) losses that were not caused by any breach on our part, or
(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
(iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

8. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

9. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

11. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use WholeLot with the involvement of a parent or guardian.

Using WholeLot

In connection with using or accessing the Services you will not:
  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems or policies;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an WholeLot policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller
  • fail to deliver items sold by you, unless you have a valid reason as set out in an WholeLot policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • >post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the Feedback or ratings systems
  • transfer your WholeLot account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific WholeLot  transaction (which includes using this information to send marketing materials directly to WholeLot users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm WholeLot, or the interests or property of WholeLot users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose.
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any WholeLot application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “ Intellectual Property Rights”) that belong to or are licensed to WholeLot.  Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to WholeLot or someone else; 
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • commercialise any WholeLot application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Abusing WholeLot

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the WholeLot community or reduce our or another WholeLot user's exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make full payment of any fees due for our Services by your payment due date.

WholeLot Business Accounts Terms & Conditions

These terms and conditions ("Terms") govern your access to and use of a set of features, services, and functionality on WholeLot for registered business customers to purchase products and use services for business purposes ("WholeLot Business"). These Terms constitute an agreement between WholeLot Europe , WholeLot , and/or their affiliates ("WholeLot", "we", "us", or "our") and the entity you represent ("you"). Please note that your use of WholeLot Business is also governed by the WholeLot Conditions of Use & Sale (as amended by these Terms, the "Conditions of Use"), as well as all other applicable terms, conditions, policies, limitations, and requirements on the WholeLot website, all of which (as changed over time) are incorporated into these Terms. If any of these Terms are inconsistent with the Conditions of Use, these Terms will control. Capitalised terms have the meanings given to them in these Terms or the Conditions of Use. Please see our Privacy Notice.

1. REGISTRATION

An organisation has a business account with WholeLot ("Business Account" once an individual associated with the organisation registers the business and creates the first business user account associated with that organisation. That individual can invite others to be part of the organisation's Business Account. Each additional user that purchases or otherwise acts on behalf of the business and joins the organisation's Business Account must create a new business user account that is part of and associated with the organisation's Business Account. Business Accounts and business user accounts are intended for businesses and business-related organisations and may be used solely for business purposes. To create a business user account, users must use a valid email address. Unless explicitly permitted, a user may only create one account per email address. If a user creates a business user account using the email address and password connected to an existing WholeLot customer account, the user must either (a) change the email address and password associated with the existing account, or (b) if the user wishes to have only one account, convert the existing account into a business user account (which may make business user account information visible to others as described in Section 2). Once you complete the Business Account registration and verification process, your organisation will be registered with WholeLot.

2. ACCOUNT MANAGEMENT

You are responsible for all activities that occur under your organisation's Business Account and any associated business user accounts, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). Except to the extent caused by our breach of these Terms, we and our affiliates are not responsible for unauthorised access to your Business Account or business user accounts. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your Business Account or associated business user accounts in accordance with these Terms) and are solely responsible for any use or action taken under your password. You will contact us immediately if you believe an unauthorised third party may be using your Business Account or associated business user accounts or if your Business Account or any business user account information is lost or stolen.

We may give users the ability to invite other individuals affiliated with your organisation to create business user accounts that are associated with the organisation's Business Account and purchase, approve or act as an administrator on behalf of your organisation. Administrators have the ability to invite other users to join the Business Account and to administer, manage, or close business user accounts. You will be responsible for all actions taken by Business Account users. You acknowledge that users may have access to information from your Business Account and associated business user accounts, such as shipping addresses, payment methods, and order history. Administrators are responsible for inviting only people affiliated with, and authorised to act on behalf of, your organisation to create a business user account that is associated with your organisation's Business Account. Any user designated as an administrator will have similar capabilities to manage Business Account features and invite new users to purchase, approve or act as an administrator on behalf of your organisation. You agree that WholeLot is not responsible for, and will have no liability arising from, the disclosure of the information of your organisation or any associated business user accounts to any user associated with your organisation.

If any user with a business user account that is associated with your Business Account leaves your organisation or is no longer authorised to purchase, approve or otherwise act on behalf of your organisation, you are solely responsible for contacting WholeLot through tools we designate to have that user's business user account closed, disabled or removed from the organisation's Business Account. WholeLot disclaims all liability for, and you are solely responsible for, any actions taken or purchases made prior to closing, disabling or removing the user's business user account from the organisation's Business Account. Please note that a business user account that is removed is converted back into a personal account, with the individual user able to access order history for purchases made using an individual payment method while associated with the organisation's Business Account.

If you, as an individual user, create a business user account that is associated with an organisation's Business Account,your organisation and designated individuals acting as administrators have full access to and authority over (a) your business user account (with the ability to close or disable your business user account or remove it from the business and convert it into a personal account), and (b) details from your business user account, such as, and not limited to: order history, addresses, payment details, and other personal information associated with your business user account. By creating a business user account that is associated with an organisation's Business Account, this information will be shared with your organisation and its designated representatives. You agree to release WholeLot for any and all liability for any of your business user account information provided to or used by your organisation, the administrator(s) of your organisation, and any other users associated with your organisation.

3. BUSINESS AND ORDER VERIFICATION

We may use the business name, address, VAT number or business identification number and any other information you provide about your organisation or users or that we may request or determine is necessary to verify accuracy and eligibility for WholeLot Business. We may make, directly or through third parties, inquiries to validate information that you provide to us. We may accept or refuse use of WholeLot Business at our discretion and may modify purchasing rights or privileges at any time. Any information or documents you provide may be shared with third parties that offer certain WholeLot Business features for verification purposes in accordance with the Privacy Notice.

4. THIRD-PARTY SERVICE PROVIDERS

WholeLot Business may enable third party service providers ("providers") to integrate with WholeLot Business. If you choose to use such a provider in connection with your Business Account, WholeLot may disclose to the provider account information, including, without limitation, information regarding you, your users, your employees or agents, and your and your user’s orders. The providers’ use of this information will be governed by the providers’ privacy, data and security policies. You agree that WholeLot is not responsible for and will have no liability arising from WholeLot’s disclosure of, or any provider’s use of, this information.

WholeLot is not responsible for any services provided by the provider. You are responsible for the approvals of WholeLot orders, verification of shipping addresses and any disputes regarding orders, and you agree that WholeLot will have no liability arising in any way from your use of the provider, including, but not limited to, any unauthorised charges you or your employees or agents incur.

5. REPRESENTATIONS, WARRANTIES AND COVENANTS

You represent, warrant and covenant that:

(a) you are using WholeLot Business for business purposes and you agree that you will not purchase any products from WholeLot for purposes which are not related to your trade, business or profession ("Consumer Purposes"). You agree that, should WholeLot become aware that you are using WholeLot Business, or purchasing products from WholeLot for Consumer Purposes, our contract will be automatically rescinded;

(b) your organisation is duly organised, validly existing and in good standing in the jurisdiction in which your organisation is registered;

(c) the individual entering into these Terms on behalf of your organisation has all necessary legal authority to bind you to these Terms;

(d) you have all requisite right, power, and authority to enter into these Terms, perform your obligations, and grant the rights and authorizations in these Terms;

(e) any information provided or made available by you to WholeLot or its affiliates is at all times accurate and complete;

(f) you and all your subcontractors and agents will comply with all applicable laws, rules, regulations, codes, orders and other requirements of governmental agencies ("Laws") in your performance of your obligations and exercise of your rights under these Terms and with your purchase and use of any products from WholeLot;

(g) all users who use business features or purchase on behalf of your organisation are authorised to do so and all purchases made by these users are authorised purchases of your organisation;

(h) unless authorised by WholeLot, you will not use any product purchased from WholeLot in connection with, or to fulfil, any government contract or subcontract, if doing so could subject WholeLot to any term, condition, obligation or other provision different from or in addition to the provisions of these Terms;

(i) you will use any products purchased from WholeLot as intended by the manufacturer and in compliance with all product information provided by the manufacturer;

(j) your purchase of products from us will not, either by your export of those products, your sale or use of those products, your legal status or otherwise, cause us to violate any Law; and

(k) you are not an agent of WholeLot and agree to comply with the provisions of any anti-bribery or anti-corruption laws applicable to you. You are not, and are not associated with, any person or entity subject to any United States or European Union economic sanctions, embargoes or restrictive measures (including, but not limited to, any of the measures contemplated by Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items) or similar measures under any applicable law (any such person or entity a "Denied Person"). You agree (i) not to export any product to any entity or person within any country subject to United States, European Union or any other applicable economic sanctions or embargoes without obtaining prior authorisation from the relevant government, (ii) not to export or provide items to persons that are ineligible under United States, European Union or any other applicable Law to receive those items, including but not limited to any Denied Person, and (iii) that any products purchased by you will not be used, or made available to a third party for use, in any activities directly or indirectly related to Weapons of Mass Destruction (WMD) proliferation activities.

6. LICENSE

Subject to your compliance with these Terms and your payment of any applicable fees, WholeLot or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use WholeLot Business solely in accordance with these Terms. This license does not include the right to resell any WholeLot Business feature; any collection and use of any product listings, descriptions, or prices; any derivative use of WholeLot Business; any downloading or copying of WholeLot Business information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by WholeLot or its licensors, suppliers, publishers, rightsholders, or other content providers. No feature or part of WholeLot Business may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of WholeLot. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WholeLot without express written consent. You may not use any meta tags or any other "hidden text" utilising WholeLot's name or trademarks without the express written consent of WholeLot. You may not misuse WholeLot Business. You may use WholeLot Business only as permitted by Law. The licenses granted by WholeLot terminate if you do not comply with these Terms.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our affiliates, and our and their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys' fees) (each a "Claim") arising from or related to (a) any breach of the Terms, (b) any unlawful or improper use by anyone of any product ordered by you, or (c) your negligence or wilful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

8. WholeLot SITE AND FEATURES

8.1 SELLER CREDENTIALS. Any diversity, industry and other certifications made available to you are provided by third-party sellers on WholeLot and have not been independently verified by WholeLot. You should carefully review and validate any certifications and supporting information that you use to make your purchasing decisions. We take no responsibility and assume no liability for any certifications or supporting information provided by third-party sellers.

8.2 BUSINESS PRICING. We may provide you access to discounts for business customers. In these instances, the available price on the detail page will reflect this discount. You agree that any business pricing or discounts that WholeLot provides to you are the confidential and proprietary information of WholeLot. You agree not to manually copy or use any data mining, scraping, or similar data gathering and extraction tools with respect to such pricing or discounts.

9. DISCLAIMER

WholeLot makes no warranty or representation concerning the accuracy of product information provided and our sole liability for any losses or damages by you arising from any inaccuracy in the product information will be limited to reimbursement of the price paid for that product. WholeLot disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or non-infringement of intellectual property rights to the fullest extent permissible by applicable law. WholeLot also disclaims any liability for claims arising out of misuse, improper selection, improper installation, modification, misrepair or misapplication of the product.

10. LIMITATIONS OF LIABILITY

Under no circumstances will WholeLot be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on WholeLot, even if WholeLot has been advised of the possibility of such damages. WholeLot's liability in all events is limited to the purchase price paid for the product that gives rise to any liability.

11. ENTIRE AGREEMENT

The terms and conditions in these Terms, the Conditions of Use, and any applicable terms, conditions, policies, requirements or limitations contained on the WholeLot website constitute the exclusive and complete agreement between WholeLot and you. WholeLot will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.

Any purchase order (PO) number or other internal information particular to your organisation that is provided by a user during the purchasing process is provided only for your internal purchase tracking. WholeLot doesn't agree to terms, conditions, obligations, or provisions that are different from or added to these Terms and the policies and information on the WholeLot website.

12. AGREEMENT CHANGES

We may in our discretion change these Terms, the Conditions of Use, or any aspect of WholeLot Business, without notice to you. From time to time, WholeLot may choose in its sole discretion to add or remove benefits or features of WholeLot Business. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued use of WholeLot Business after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your Business Account and business user account.

13. TERM; TERMINATION BY US

The term of these Terms will begin on the date you click to accept it and will continue until you or we terminate it. We may terminate these Terms and access to your Business Account, business user account or use of any business features at our discretion with or without notice. You are entitled to terminate these Terms by giving us notice and closing your account. Upon termination, all rights and obligations under these Terms will automatically terminate except for any right of action occurring prior to termination, payment obligations, and obligations that are intended to survive termination, including, without limitation, Sections 4 – 18 of these Terms.

14. FORCE MAJEURE

We will not be liable for any delays in delivery or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control.

15. CONFIDENTIALITY; PUBLICITY

You will (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; (b) use this information only for internal purposes and in connection with your use of Business Accounts; and (c) destroy or return all such information to us promptly when the Terms terminate (and, upon request, confirm such destruction in writing). This section covers all confidential information regardless of when you receive it. Unless you have received our express written permission, you will not otherwise use any trademark, service mark, commercial symbol or other proprietary right of ours, issue press releases or other publicity relating to us or these Terms, or refer to us in promotional materials.

16. SUGGESTIONS

If you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to Business Accounts (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.

17. MISCELLANEOUS

Your use of Business Accounts is subject to the disputes and applicable law provisions of the Conditions of Use, which are incorporated by reference.

The parties to these terms are independent contractors. These Terms do not create any third party beneficiary rights in any individual or entity that is not a party to these Terms. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our affiliates. Our failure to enforce your strict performance of any provisions of these Terms will not constitute a waiver of our right to enforce such provisions or any other provision of these Terms subsequently. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the exclusive jurisdiction of the courts of the districts of Luxembourg City.

18. AMENDMENTS TO THE CONDITIONS OF USE

The following provisions of the Conditions of Use apply exclusively to the use of WholeLot Services for Consumer Purposes and therefore are not applicable to your use of WholeLot Business as a business customer:

(a) The restriction on quantity referred to in the last paragraph of Section 1 ("Our Contract") of the Conditions of Sale; and

(b) The statutory right of cancellation referred to under the headings "Statutory Right", "Effects of Cancellation" and "Exceptions to the Right of Cancellation" in Section 2 ("Right of Cancellation up to 14 Days, Exceptions to Cancellation and our Voluntary Returns Guarantee") of the Conditions of Sale;