Supplement Mart Wholesale Terms & Conditions (T&Cs)

Supplement Mart, www.supplementmart.com.au and www.suppmartwholesale.com.au are operated by Muscle Worx Pty Ltd ABN 80 141 422 415.

These Wholesale Terms and Conditions apply to approved wholesale customers, trade account holders, resellers, gyms, studios, retailers, distributors and other business customers purchasing from Supplement Mart’s Wholesale Division (Muscle Worx Pty Ltd ABN 80 141 422 415). Application of these T&Cs relates to all wholesale transactions, including account applications, ordering, pricing, payment, fulfilment, delivery, resale and return of goods.These terms supersede any to other T&Cs included on a Customer purchase order, email, invoice note, procurement document or other communication, unless Supplement Mart’s authorised Team member has expressly agreed otherwise in writing.

By placing a wholesale order, submitting a [draft] purchase order, purchasing through a wholesale portal, accepting a quote or ordering via email or phone, you agree to these Wholesale Shipping, Returns & Order Terms.These Wholesale Terms and Conditions apply to all wholesale accounts, trade accounts, business customers, resellers, gyms, studios, retailers, distributors and other approved wholesale customers who purchase goods from Muscle Worx Pty Ltd ABN 80 141 422 415, trading as Supplement Mart.

Supplement Mart reserves the right to amend these Wholesale Terms and Conditions at any time. 

1. Definitions

Business Day means a weekday on which trading banks are open for business in Australia.

Customer, You or Your means the approved wholesale customer, business, reseller, company, partnership, sole trader or entity purchasing goods from Supplement Mart.

Delivery Address means the address nominated by the Customer for delivery of goods.

Delivery Agent means any third-party courier, freight provider, postal service or delivery company nominated by Supplement Mart.

Goods means products supplied or offered for wholesale supply by Supplement Mart.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Invoice means a tax invoice issued by Supplement Mart to the Customer.

Order means a wholesale order, purchase order, portal order, email order, phone order or other request by the Customer to purchase Goods from Supplement Mart.

Price means the wholesale price of the Goods as quoted, listed, invoiced or otherwise agreed by Supplement Mart, excluding or including GST as stated.

Supplement Mart, We, Us or Our means Muscle Worx Pty Ltd ABN 80 141 422 415 trading as Supplement Mart.

Wholesale Account means an approved trade, reseller or wholesale purchasing account with Supplement Mart.

2. Wholesale Account Approval

2.1 Wholesale access is available only to approved business and/wholesale account approved customers.

2.2 Supplement Mart will request more information before approving or continuing a Wholesale Account, including Entity name, business name, ABN, ACN, trading name, business address, contact details, re-sale channel (details of), store location, website, social media page/s information, trade references and any other information reasonably required.

2.3 Supplement Mart may approve, reject, suspend, cancel or limit a Wholesale Account at its sole discretion.

2.4 Approval of a Wholesale Account does not obligate Supplement Mart to accept every Order placed by the Customer.

2.5 The Customer must ensure that all account information provided to Supplement Mart is true, accurate, current and complete.

3. Orders

3.1 The Customer may place an Order through the approved wholesale ordering method nominated by Supplement Mart and/or its authorised representative(s), including wholesale portal, email, phone, account manager or purchase order.

3.2 An Order submitted by the Customer is an offer to purchase Goods from Supplement Mart.

3.3 Supplement Mart may accept, reject, vary, delay, decline or cancel any Order for any reason, including stock availability, credit status, payment issues, pricing errors, suspected fraud, compliance concerns, account misuse, breach of these terms or any other reasonable, perceived reason to need to do so.

3.4 An Order is not binding on Supplement Mart until Supplement Mart accepts the Order, issues an invoice, confirms dispatch, or otherwise confirms acceptance in writing.

3.5 Supplement Mart is not required to accept any Customer purchase order terms. Any terms included by the Customer are excluded unless expressly accepted by Supplement Mart’s authorised representative(s) in writing.

3.6 The Customer is responsible for checking all Order details before submission, including products, quantities, pricing, payment method, delivery/billing address and contact details.

3.7 Once accepted by Supplement Mart, Orders may not be cancelled or amended without Supplement Mart’s written approval.

4. Minimum Orders and Order Quantities

4.1 Supplement Mart sets a minimum order value of $650.00 (inc GST) for Australian domestic based, previously approved Wholesale Account holders. Other minimum order quantities, carton quantities, pack sizes or wholesale purchasing requirements may also apply

4.2 Supplement Mart may, at any point in time, alter, increase or otherwise change the minimum order quantity value/s 

4.3 Minimum order requirements may vary by product, brand, range, promotion, delivery location or Customer account type.

4.4 Supplement Mart may refuse to process Orders that do not meet the applicable wholesale purchasing requirements.

5. Pricing

5.1 Wholesale pricing is provided to approved wholesale customers only and must be treated as confidential unless Supplement Mart agrees otherwise in writing.

5.2 Prices are subject to change without notice, unless Supplement Mart has accepted an Order at a confirmed price.

5.3 Any quoted price is valid only for the period stated on the quote. If no period is stated, the quote is valid for 7 days unless withdrawn earlier.

5.4 Prices may be listed as GST-exclusive or GST-inclusive. The applicable GST treatment will be shown on the invoice or wholesale price list. Product prices featured on www.suppmartwholesale.com.au are currently inclusive of GST by default representation

5.5 Supplement Mart may correct any pricing error, quotation error, invoice error or website/portal error. If an error affects an Order, Supplement Mart may reject, cancel or amend the affected part, or the entirety of the Order at its discretion, without any acceptance of liability for impact upon the wholesale customer 

5.6 Recommended retail prices, where provided, are recommendations only. The Customer remains responsible for setting its own re-sale/retail prices.

5.7 Promotions, discounts, bundles, rebates, volume discounts or special pricing are offered at Supplement Mart’s discretion and may be withdrawn, declined per Account or amended at any time.

5.8 Unless expressly agreed in writing, wholesale discounts, promotional codes, retail offers, loyalty offers, gift card offers, cashback offers and consumer promotions do not apply to wholesale Customers/Accounts and their associated Orders.

6. Payment

6.1 Payment terms will be as approved by Supplement Mart and stated on the invoice or in writing by account approval. These may not appear on all invoices, but a stipulated date for payment ‘not later than <date inserted>’ will be provided on every such accepted order’s occasion

6.2 Unless the Customer has approved credit terms, payment must be made before Goods are dispatched (prepaid Terms, by default)

6.3 Where credit terms are approved, the Customer must pay each invoice by the due date stated on the invoice.

6.4 Supplement Mart may withdraw, reduce, suspend or amend credit terms at any time.

6.5 If the Customer fails to pay an invoice by the due date, Supplement Mart may:

a) suspend further supply;
b) place the account on hold;
c) cancel undelivered Orders;
d) require upfront payment for future Orders;
e) charge reasonable debt recovery costs;
f) charge interest on overdue amounts where permitted by law; and
g) take steps to recover the outstanding amount.

6.6 The Customer must not withhold payment, set off amounts, deduct disputed amounts or delay payment without Supplement Mart’s prior written approval.

6.7 Payments must be made by the payment methods approved by Supplement Mart.

7. Availability of Goods

7.1 Goods are subject to availability.

7.2 Supplement Mart may discontinue, withdraw, substitute, ration, backorder or limit supply of any Goods at any time.

7.3 If any Goods are unavailable, Supplement Mart may:

a) supply the available part of the Order;
b) place unavailable Goods on backorder;
c) offer substitute Goods;
d) refund or credit the unavailable Goods; or
e) cancel the affected part of the Order.

7.4 Product images, descriptions, flavours, packaging, ingredients, nutritional panels and directions of use are provided as a guide only. Manufacturers may change formulations, ingredients, packaging or labelling without notice. Supplement Mart is not liable for these changes where not updated on any of its websites or wholesale portals.

7.5 The Customer is responsible for checking the Goods, labels, ingredients, best before/expiry/use by dates, allergens, warnings, batch numbers, usage instructions and legal suitability before resale or supply to its own customers.

8. Delivery and Freight

8.1 Supplement Mart uses third-party Delivery Agents to deliver Goods. Refer to Supplement Mart’s Wholesale Shipping Returns & Order Terms for further details.

8.2 Delivery fees, freight charges, insurance charges, pallet charges, handling charges or other delivery-related costs may be charged to the Customer. Refer to Supplement Mart’s Wholesale Shipping Returns & Order Terms for further details.

8.3 Delivery dates and timeframes are estimates only. Supplement Mart is not liable for loss, damage, cost, expense or inconvenience caused by delivery delay. Refer to Supplement Mart’s Wholesale Shipping Returns & Order Terms for further details.

8.4 The Customer must provide complete and accurate delivery instructions, including business hours, loading dock access, forklift availability, authority to leave instructions, access restrictions and any other relevant delivery information. Refer to Supplement Mart’s Wholesale Shipping Returns & Order Terms for further details.

8.5 If delivery is delayed, rejected, unable to be completed, returned to sender or requires redelivery due to Customer error, lack of access, incorrect information or unavailability, the Customer must pay any additional freight, storage, handling or redelivery costs. Refer to Supplement Mart’s Wholesale Shipping Returns & Order Terms for further details.

8.6 The Customer must inspect all deliveries immediately on receipt.

8.7 Any shortage, incorrect item, visible damage or delivery issue must be reported to Supplement Mart in writing within 3 Business Days of delivery.

8.8 Claims not reported within 3 Business Days may be refused to the extent permitted by law.

8.9 Goods prone to melting, breakage, heat damage, crushing or other transit-related damage are transported at the Customer’s risk unless Supplement Mart expressly agrees otherwise in writing.

9. Risk and Title

9.1 Risk in the Goods passes to the Customer when the Goods are collected by the Customer, delivered to the Delivery Agent, or delivered to the Customer’s nominated Delivery Address, whichever occurs first.

9.2 Title in the Goods remains with Supplement Mart until the Customer has paid all amounts owing to Supplement Mart in full.

9.3 Until title passes, the Customer holds the Goods as bailee for Supplement Mart and must store them in a way that makes them identifiable as Goods supplied by Supplement Mart.

9.4 The Customer may resell the Goods in the ordinary course of business, provided that the Customer remains liable to pay all amounts owing to Supplement Mart.

9.5 To secure payment of all amounts owing, the Customer grants Supplement Mart a security interest in the Goods and any proceeds of sale.

9.6 The Customer agrees to do all things reasonably required by Supplement Mart to enable Supplement Mart to register or maintain any security interest under the Personal Property Securities Act 2009 (Cth).

10. Resale of Goods

10.1 The Customer must only resell Goods in a lawful, ethical and commercially appropriate manner.

10.2 The Customer must not:

a) alter, tamper with, relabel, repackage or deface Goods without Supplement Mart’s written approval;
b) remove batch codes, expiry dates, warning labels, seals or manufacturer information;
c) sell expired, damaged, opened, recalled or unsafe Goods;
d) make false, misleading or unapproved claims about Goods;
e) represent itself as Supplement Mart, an agent of Supplement Mart or an authorised representative unless approved in writing;
f) sell Goods through channels prohibited by Supplement Mart in writing; or
g) engage in conduct that may damage Supplement Mart’s reputation or brand relationships.

10.3 The Customer is responsible for ensuring that its advertising, product claims, website content, staff recommendations, labels, shelf tickets, social media content and customer communications comply with all applicable laws.

10.4 Supplement Mart may provide recommended retail pricing, product information or marketing materials from time to time. These are guides only and must be independently reviewed by the Customer before use.

11. Restricted Goods and Compliance

11.1 Some Goods may be subject to age restrictions, import restrictions, sports compliance issues, banned-substance rules, workplace testing issues, therapeutic goods rules, food standards, labelling requirements or other legal restrictions.

11.2 The Customer is responsible for ensuring that Goods are suitable and lawful for its location, business model, resale channel and customer base.

11.3 The Customer must not sell or supply restricted Goods to any person where doing so would breach any law, regulation, industry rule, sporting code, workplace policy or other applicable requirement.

11.4 The Customer indemnifies Supplement Mart against any claim, loss, damage, cost or expense arising from the Customer’s unlawful, misleading, non-compliant or inappropriate resale, promotion, handling or supply of Goods.

12. Storage and Handling

12.1 The Customer must store and handle Goods in accordance with manufacturer instructions, label directions and reasonable industry standards.

12.2 The Customer must store Goods away from excessive heat, moisture, sunlight, contamination, pests and other conditions that may affect quality or safety.

12.3 Supplement Mart is not liable for deterioration, melting, contamination, damage or spoilage occurring after risk has passed to the Customer.

13. Returns, Credits and Cancellations

13.1 Wholesale Goods are supplied for business resale purposes. Change-of-mind returns are not accepted unless Supplement Mart agrees in writing. Refer to Supplement Mart’s Wholesale Refund & Returns Policy for further details.

13.2 Goods may only be returned with Supplement Mart’s prior written approval. Refer to Supplement Mart’s Wholesale Refund & Returns Policy for further details. Refer to Supplement Mart’s Wholesale Refund & Returns Policy for further details.

13.3 Approved returns must be unopened, unused, undamaged, in original saleable condition, with all seals, packaging, labels, batch codes and expiry dates intact.

13.4 The Customer must pay return freight unless Supplement Mart agrees otherwise or the return is required by law.

13.5 Clearance, short-dated, special order, discontinued, promotional, indent, custom, bulk-order or sale Goods are final sale and cannot be returned unless required by law.

13.6 Any credit approved by Supplement Mart may be issued as an account credit rather than a refund.

13.7 Supplement Mart may refuse a return if the Goods are not in saleable condition, are damaged, opened, expired, improperly stored, missing packaging or returned without approval.

13.8 Refer to Supplement Mart’s Wholesale Refund & Returns Policy for further details.

14. Damaged, Faulty or Incorrect Goods

14.1 The Customer must notify Supplement Mart in writing within 3 Business Days of delivery if Goods are damaged, faulty, missing or incorrectly supplied.

14.2 The Customer must provide reasonable evidence, including invoice number, order number, photographs, batch details and description of the issue.

14.3 Supplement Mart may require Goods to be returned for inspection before issuing any replacement, credit or refund.

14.4 If Supplement Mart reasonably determines that Goods were damaged after risk passed to the Customer, no replacement, credit or refund will be provided unless required by law.

14.5 Refer to Supplement Mart’s Wholesale Refund & Returns Policy for further details.

15. Product Recalls

15.1 If a Good is subject to a product recall, Supplement Mart may contact the Customer using the contact details provided on the Customer’s account.

15.2 The Customer must cooperate with all recall directions issued by Supplement Mart, the manufacturer, supplier or any regulator.

15.3 The Customer must maintain reasonable records of Goods purchased and resold to assist with recall management.

15.4 The Customer must promptly remove recalled Goods from sale and follow all instructions regarding quarantine, return, disposal, customer notification or other recall action.

16. Intellectual Property and Marketing Materials

16.1 All Supplement Mart names, logos, trademarks, content, images, product data, marketing materials and brand assets remain the property of Supplement Mart or the relevant rights holder.

16.2 The Customer may only use Supplement Mart marketing materials with Supplement Mart’s approval and in accordance with any brand guidelines provided.

16.3 Supplement Mart may require the Customer to remove or amend any advertising, listing, social media post, website content or marketing material that Supplement Mart considers inaccurate, misleading, inappropriate or damaging to its brand.

17. Privacy and Customer Information

17.1 The Customer must ensure that all personal information provided to Supplement Mart is accurate and supplied with any required consent.

17.2 Supplement Mart may use Customer information to process Orders, manage accounts, deliver Goods, assess credit, conduct fraud checks, provide customer service, communicate product information, manage recalls and conduct ordinary business activities.

17.3 Supplement Mart may provide relevant Customer information to Delivery Agents, payment processors, credit providers, insurers, professional advisers, regulators or other third parties where reasonably required for business, legal, delivery, payment or compliance purposes.

18. Warranties by the Customer

18.1 The Customer warrants that:

a) it is a valid business or authorised purchaser;
b) all information supplied to Supplement Mart is true, complete and up to date;
c) it has authority to bind the business or entity placing the Order;
d) it will comply with all applicable laws;
e) it will not make misleading claims about the Goods;
f) it will store, handle, advertise and resell Goods responsibly;
g) it will not misuse Supplement Mart’s brands, content or confidential information; and
h) it has read, understood and accepted these Wholesale Terms and Conditions.

19. Limitation of Liability

19.1 To the fullest extent permitted by law, Supplement Mart is not liable to the Customer for indirect, consequential or special loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, business interruption, reputational damage or loss arising from delayed supply, non-supply, product unavailability, delivery issues or resale issues.

19.2 To the fullest extent permitted by law, Supplement Mart’s total liability arising from any Order is limited to the amount paid by the Customer for the affected Goods.

19.3 Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

20. Indemnity

20.1 The Wholesale Customer indemnifies Supplement Mart, its officers, employees, agents and related entities against all claims, losses, damages, costs, expenses and liabilities arising from:

a) the Customer’s breach of these terms;
b) non-payment;
c) unlawful or misleading resale of Goods;
d) incorrect product claims made by the Customer;
e) improper storage, handling or transport of Goods after risk has passed;
f) resale to restricted persons or locations;
g) misuse of Supplement Mart intellectual property;
h) breach of privacy, consumer, food, therapeutic goods, advertising, competition or other laws by the Customer; or
i) any act or omission of the Customer or its employees, contractors, agents or representatives.

21. Suspension and Termination

21.1 Supplement Mart may suspend or terminate a Wholesale Account immediately if the Customer:

a) fails to pay any amount when due;
b) breaches these or any other applicable terms;
c) provides false or misleading information;
d) becomes insolvent or appears unable to pay debts;
e) damages Supplement Mart’s reputation or supplier relationships;
f) resells Goods through unauthorised or inappropriate channels;
g) misuses Supplement Mart intellectual property;
h) engages in unlawful, misleading or unethical conduct; or
i) otherwise acts in a way Supplement Mart considers commercially unacceptable.

21.2 On suspension or termination, all outstanding amounts become immediately payable.

21.3 Termination does not affect rights or obligations that arose before termination.

22. Notices

22.1 Supplement Mart may give notice to the Wholesale Customer by email, phone, account portal, invoice note or written communication to the Customer’s nominated contact details. Supplement Mart is committed to doing so per its best practice with the most currently-issued customer details

22.2 The Customer may give notice to Supplement Mart by contacting its nominated wholesale representative or emailing Supplement Mart at the contact email provided for wholesale accounts - wholesale@supplementmart.com.au 

23. General

23.1 These Wholesale Terms and Conditions are governed by the laws of Western Australia and/or Federal Australian law where it supersedes Muscle Worx Pty Ltd’s headquarters location (Western Australia) law

23.2 The parties submit to the jurisdiction of the courts of Western Australia and/or Federal Australian law where it supersedes Muscle Worx Pty Ltd’s headquarters location (Western Australia) law

23.3 If any provision of these terms is unlawful, void or unenforceable, the remaining provisions continue in force.

23.4 A failure by Supplement Mart to enforce any right does not waive that right.

23.5 These terms, together with any approved account terms, invoice terms, written quote or written agreement signed by Supplement Mart, form the entire agreement between Supplement Mart and the Customer for wholesale supply.