These terms apply to every order placed through a Filthy Clean wholesale account, as they stand when the order is placed. We are UB Commerce Pty Ltd, ABN 93 680 428 102, trading as Filthy Clean Co. You are the business that holds the account.
1. Who can apply
1.1 Wholesale accounts are for Australian retail businesses with an ABN that buy our products to resell to their own customers.
2. Your account
2.1 You can apply using the form at filthyclean.co/pages/wholesale. We decide whether to open an account for genuine business reasons, such as whether our range suits your store and your customers.
2.2 You can close your account at any time by emailing us.
2.3 We can close your account by giving you at least 14 days' written notice for a genuine business reason, for example if our range no longer suits your store.
2.4 If either of us seriously breaches these terms, the other can ask for it to be fixed. If it isn't fixed within 7 days, or can't be fixed, the other can close the account straight away.
2.5 Closing an account doesn't cancel orders you've already paid for. We'll ship them, or refund you if you'd rather.
3. Prices
3.1 Your wholesale prices are on our current price list and show when you log in. All prices and amounts in these terms include GST. The price list also shows prices excluding GST, and your tax invoice shows the GST.
3.2 You pay the price shown at checkout when you place your order.
3.3 We set our own prices and run promotions in our own sales channels from time to time. They don't change your wholesale prices.
3.4 Discount codes and promotions for our retail customers don't apply to wholesale orders. If one ends up on a wholesale order, we can cancel the order and refund you, unless you'd rather pay the difference.
4. Retail prices
4.1 We publish a recommended retail price, or RRP, for each of our products. You decide your own selling prices and promotions.
4.2 The price set out or referred to herein is a recommended price only and there is no obligation to comply with the recommendation.
5. Minimum orders and quantities
5.1 Your first order must be at least $250, and later orders at least $150.
5.2 You can order any quantity of each product, as long as the whole order meets the minimum in 5.1.
6. Payment
6.1 You pay by card at checkout, unless we have agreed payment terms with you in writing.
6.2 If we have agreed payment terms, each invoice is due on the date shown on it. If an invoice is overdue, we may hold new orders until it's paid. We don't charge late fees or interest.
7. Delivery
7.1 Delivery is free to one Australian address on orders of $500 or more. Orders under $500 have a flat delivery charge of $25.
7.2 We deliver within Australia only.
7.3 We aim to dispatch in-stock orders within 2 business days. Delivery dates are estimates. If your order hasn't been dispatched within 14 days of payment, you can cancel it for a full refund.
7.4 Risk in the products passes to you when they are delivered to your address. Ownership passes to you when we have received payment in full. If we have agreed payment terms with you, we may register our interest in stock you haven't paid for on the Personal Property Securities Register.
7.5 If a product is out of stock, or its price was shown with an obvious mistake, such as a missing digit, we can cancel all or part of your order. We'll tell you first, and refund you for anything we don't send.
8. Checking your delivery
8.1 Please check your delivery when it arrives. If anything is missing, damaged in transit or not what you ordered, tell us within 7 days of delivery, with photos if you can. We'll replace it, or credit or refund you, at our cost. If you tell us later we'll still help, but we may no longer be able to claim against the carrier.
8.2 This clause doesn't limit your rights under clause 9 or under the Australian Consumer Law.
9. Faulty products and recalls
9.1 If a product we supply is faulty, tell us and we'll replace it, credit you or refund you. If one of your customers returns a faulty product and you've refunded, replaced or repaired it as the Australian Consumer Law requires, we'll reimburse what that cost you, including your reasonable costs. We're happy to help your customer directly if they'd prefer, but you can't send them to us instead of helping them yourself.
9.2 Tell us straight away if you hear of anyone being hurt or made ill by one of our products. The law also requires you, as a supplier, to report a death, serious injury or illness linked to a product to the ACCC within 2 days of learning of it. If we ever recall a product, we'll tell you what to do. You'll stop selling the affected stock and follow our instructions, and we'll cover the cost of returning or destroying it and replace it or refund you.
10. Returns of saleable stock
10.1 We don't accept returns of saleable stock, such as change-of-mind returns or slow sellers, unless we agree in writing first. If we agree, we'll credit the price you paid less any handling cost we tell you about before you send it back.
10.2 This clause doesn't affect clauses 8 and 9.
11. Where you can sell our products
11.1 You may sell our products only in your own physical store or stores in Australia and on your own website. Shopping feeds, free listings and AI shopping results that send shoppers to your own website count as your website.
11.2 You must not list, advertise or sell our products on Amazon, eBay, Catch, Kogan, TikTok Shop, Facebook Marketplace, Gumtree, Temu or any other third-party marketplace, auction or classifieds site, and you must not sell our products to another business for resale.
11.3 You can advertise our products, but not on our name. Don't bid on "Filthy Clean", misspellings of it or anything similar in search, shopping or AI search ads.
11.4 If you run ads that show our products, set them up so they don't appear for searches that include our name, for example by adding it as a negative keyword.
11.5 We ask this so our products are presented properly, the claims made about them are ones we can stand behind, every listing has one accountable seller, and people searching for our name find us.
11.6 If you'd like an exception, ask us. We'll only make one in writing.
11.7 A breach of this clause is a serious breach for clause 2.4.
12. Our brand and product claims
12.1 While your account is open, you may use the product images and logos on our website and in our sales kit, and the product descriptions in our sales kit, to promote and sell our products, as long as you don't alter them. The permission is for your business only and you can't pass it on.
12.2 Please only make the product claims in our sales kit. Don't make other claims about our products, such as environmental or health claims, without our written approval.
12.3 We may list your store as a stockist on our website and social media. Tell us if you'd rather we didn't.
12.4 If either of us uses the other's name or brand in a way the other reasonably thinks is misleading or damaging, we'll stop when asked.
12.5 When your account closes, the permission in 12.1 ends, but you can keep selling any of our stock you still hold. Clauses 11, 12.2, 12.4 and 13 keep applying to that stock.
13. Liability
13.1 Nothing in these terms takes away any right or guarantee under the Australian Consumer Law, or any other law, that can't legally be excluded.
13.2 Apart from that, the most either of us has to pay the other for a claim connected with an order is the amount paid for that order, and neither of us is liable for indirect or consequential loss.
13.3 The limits in 13.2 don't apply to liability for death or personal injury, fraud, or our obligations under clause 9.
14. General
14.1 We can update these terms, including our prices, minimums and freight, by publishing a new version on our website. A change applies to orders placed after we publish it, not to orders you've already placed.
14.2 Email counts as writing under these terms. We'll use the email address on your account, so please keep it up to date. You can reach us at wholesale@filthyclean.co.
14.3 For wholesale orders, these terms apply instead of our retail terms, returns policy and money-back guarantee.
14.4 We handle personal information in line with our Privacy Policy at filthyclean.co/policies/privacy-policy.
14.5 These terms are governed by the laws of South Australia, and either of us can take a dispute to the courts of South Australia.