GastroWhipped AU

Terms and Conditions of Business

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these, please contact us to discuss.
    • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

Provisions specific to consumers are marked “CONSUMERS ONLY” and provisions specific to businesses are marked “BUSINESSES ONLY”.  Provisions which are not marked as specific to either consumers or businesses apply to both.   

  1. Information about us and how to contact us
    • Who we are. We are Wholesale Chargers Ltd, a company registered in England and Wales. Our company registration number is 11146588 and our registered office is at The Station House, 15 Station Road, St. Ives, United Kingdom, PE27 5BH. Our registered VAT number is 285636466
    • How to contact us. You can contact us by writing to us at info@gastrowhipped.com.au or 350a, Clayton Road, Clayton, VIC, 3168, Australia
    • How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or because we have cause to suspect that you are purchasing the products for improper use contrary to clause 5.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We sell Mosa and Liss manufactured products sell to United Kingdom, Ireland, Spain and Portugal and Gastro ‘Silver’ manufactured products Worldwide. Our website and sales are for the promotion of these products only within the specified territories above. Unfortunately, we do not accept orders from addresses outside United Kingdom, Ireland, Spain and Portugal for Mosa or Liss manufactured products
  3. Our products
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
  4. Use of our products
    • The use of our products is strictly limited to legitimate and lawful purposes as set out on our website.
    • Other than in accordance with proper use, you shall not consume or cause to consume our products, nor shall you re-sell our products for the purposes of consumption by an individual.
    • You agree to comply with the Psychoactive Substances Act 2016 as applicable and as updated from time to time.
  5. Our rights to make changes
    • CONSUMERS ONLY Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
    • CONSUMERS ONLY More significant changes to the products and these terms. In addition, we may make more substantial changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
    • BUSINESSES ONLY Changes to the products. We reserve the right to change the products if necessary to comply with any applicable law or regulatory requirement, or if the change will not materially affect the nature or quality of the products, and we will notify you in any such event.
  6. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website and/or provided to you during the ordering process.
    • When we will provide the products. During the order process we will let you know when estimate that you will be provided with the products.
    • CONSUMERS ONLY We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • BUSINESSES ONLY Force majeure. We shall not be in breach of this contract nor liable for delay in performing, or failure to perform, any of our obligations under this contract if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for four weeks, you may terminate this agreement by giving seven days’ written notice to the affected party.
    • Collection by you. We do not allow collection from any of our storage or offices facilities
    • If you are not at the delivery address when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    • If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
    • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
    • When you own goods. You own a product which is goods once we have received payment in full.
    • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements;
      • make changes to the product as requested by you or notified by us to you (see clause 6); or
      • investigate any suspicion by us that you have or intend to use the products for improper use contrary to clause 5.
    • We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
  7. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      • if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
      • (CONSUMERS ONLY) if you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • (CONSUMERS ONLY) if you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 5.
    • CONSUMERS ONLY Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control; or
      • you have a legal right to end the contract because of something we have done wrong.
    • CONSUMERS ONLY Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Where you exercise this right you will be liable to pay the costs of return.
    • CONSUMERS ONLY When you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of:
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      • any products which become mixed inseparably with other items after their delivery.
    • BUSINESSES ONLY Ending the contract where we are not at fault. Other than in accordance with clause 1, you may not terminate a contract if you have received the products. If you want to terminate a contract before you have received the products, contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not yet sent but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  8. How to end the contract with us (including if you are a consumer who has changed their mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Email. Email us at info@gastrowhipped.com.au Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the contact us https://gastrowhipped.com.au/stores/ on our website.
      • By post. Write to us at 350a, Clayton Road, Clayton, VIC, 3168, Australia
        , including details of what you bought, when you ordered or received it and your name and address.
    • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at Wholesale Chargers c/o Bray Solutions, Kings Cliffe Road, Wansford, PE8 6PB. Please email us info@gastrowhipped.com.au for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    • When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed; or
      • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.  

  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
      • we suspect you of using the products for improper purposes contrary to clause 5.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  2. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@gastrowhipped.com.au, 350a, Clayton Road, Clayton, VIC, 3168, Australia.

  1. CONSUMERS ONLY Your rights in respect of defective products
    • We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website http://www.cabwa.com.au/ or call (08) 9221 5711.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  See also clause 8.3.
  1. BUSINESSES ONLY Your rights in respect of defective products
    • We warrant that on delivery any products which are goods shall:
      • conform in all material respects with their description and any relevant specification;
      • be free from material defects in design, material and workmanship; and
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    • Subject to clause 3, if:
      • you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
      • we are given a reasonable opportunity of examining such product; and
      • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

  1. Price and payment
    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment by bank transfer or bank deposit only and accept no cash or letters of credit. You must pay for the products before we dispatch them.
    • BUSINESSES ONLY No right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  2. CONSUMERS ONLY Our responsibility for loss or damage suffered by you 
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
    • We are not liable for business losses. We only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
  3. BUSINESSES ONLY. Our responsibility for loss or damage suffered by you 
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979;
      • defective products under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
  1. How we may use your personal information
  2. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • CONSUMERS ONLY. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    • BUSINESSES ONLYWhich laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.