Terms of service
BMG WHOLESALE (BMG NE LTD)
TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern all sales made by BMG NE Ltd trading as BMG Wholesale. By placing an order, creating a trade account or using our website, the customer agrees to be bound by these Terms and Conditions.
1. COMPANY DETAILS
BMG NE Ltd
Trading Name: BMG Wholesale
Registered Address: 10 The Bridges, Sunderland, SR1 3LB
Company Number: 15290831
VAT Number: 455243888
Email Address: [To Be Confirmed]
Throughout these Terms and Conditions, BMG NE Ltd shall be referred to as "BMG Wholesale", "we",
"our" or "us".
2. TRADE CUSTOMERS ONLY
BMG Wholesale supplies bona fide trade customers only.
We reserve the right to request proof of trading, including but not limited to:
Business websites;
Physical premises;
Marketplace stores;
VAT registration details;
Other information reasonably required to verify trading status.
BMG Wholesale reserves the right to approve, refuse, suspend or terminate trade accounts at its sole
discretion.
3. ORDERS
All orders are subject to acceptance and stock availability.
No minimum order value applies.
Orders with a value of £500 excluding VAT or more qualify for free UK mainland delivery.
Orders below £500 excluding VAT will incur a delivery charge equal to 10% of the order value.
BMG Wholesale does not currently operate a backorder system. Items unavailable at the time of
processing will be cancelled and omitted from the order.
Each item supplied forms part of a separate contract between BMG Wholesale and the customer.
BMG Wholesale reserves the right to refuse or cancel orders at its discretion.
4. PRICING
All prices are exclusive of VAT unless otherwise stated.
Prices are subject to change without notice.
Although every effort is made to ensure accuracy, pricing, descriptions and stock availability may
occasionally contain errors.
Where a pricing error occurs, BMG Wholesale reserves the right to:
Cancel the order and issue a full refund; or
Contact the customer and offer the opportunity to proceed at the correct price.
5. PAYMENT
All orders are supplied on a pro-forma basis.
Payment must be received in full before goods are dispatched.
Accepted payment methods include:
BACS;
Debit Card;
Credit Card;
Apple Pay;
PayPal.
Ownership of goods remains with BMG Wholesale until payment has been received in full.
6. DELIVERY
Delivery is available within the UK mainland only.
Orders are generally dispatched within 2–3 working days, although dispatch times are estimates only
and may be extended during busy periods.
BMG Wholesale uses DPD and other courier services where necessary.
Delivery dates are estimates only and time shall not be of the essence.
BMG Wholesale shall not be liable for delays caused by couriers, manufacturers, suppliers or
circumstances beyond our reasonable control.
7. RISK AND TITLE
Risk in the goods passes to the customer upon delivery.
Legal ownership of goods remains with BMG Wholesale until payment has been made in full.
Until ownership passes, the customer shall hold the goods as bailee for BMG Wholesale and shall store
them separately and clearly identified as our property.
8. INSPECTION, SHORTAGES AND DAMAGE
Customers must inspect goods immediately upon delivery.
Any shortages, missing parcels, damage or discrepancies must be reported in writing within three (3)
working days of delivery.
Claims submitted after this period may not be accepted.
BMG Wholesale cannot accept liability for damage occurring after delivery has been completed.
9. RETURNS
BMG Wholesale does not accept returns for unwanted goods or ordering errors.
Returns are only accepted where goods are faulty.
Customers must notify BMG Wholesale before returning any item.
Returned goods must be authorised by us prior to dispatch.
Items returned without authorisation may be refused.
Where a product is confirmed as faulty, the customer may choose one of the following remedies:
Replacement;
Refund;
Credit note.
Manufacturer warranties apply where applicable.
10. PRE-ORDERS
A non-refundable deposit equal to twenty percent (30%) of the total order value is payable at the time of placing a pre-order. Payment of the remaining balance must be made in accordance with the instructions provided by BMG Wholesale (upon dispatch).
The deposit secures stock allocation and is non-refundable.
Pre-orders cannot be cancelled.
Requests to cancel pre-orders may result in:
Withdrawal of access to future pre-orders;
Suspension of trading privileges;
Closure of the customer's account.
Release dates are estimates only and are subject to change.
Supplier allocations may be reduced, delayed or cancelled.
BMG Wholesale reserves the right to reduce or cancel allocations where stock availability or supplier
restrictions require.
In such circumstances, liability shall be limited to refunding monies already paid.
BMG Wholesale shall not be liable for any consequential loss arising from allocation changes, delays or
cancellations.
11. PRODUCT INFORMATION
Product images and descriptions are provided for illustration purposes only.
Colours, packaging, assortments, contents, release dates and specifications may vary from those
shown.
Products supplied in assortments are subject to manufacturer wave changes and refreshes.
Specific figures or products contained within assortments cannot be guaranteed.
Age recommendations are supplied by manufacturers and may change without notice.
12. WEBSITE ACCESS
BMG Wholesale reserves the right to suspend, restrict or terminate access to its website and services at
any time.
We do not guarantee uninterrupted availability of the website.
Maintenance, technical faults or circumstances beyond our control may affect website availability.
13. INTELLECTUAL PROPERTY
The BMG Wholesale name, logo and branding remain the intellectual property of BMG NE Ltd.
Customers who have purchased products from BMG Wholesale may use product images and
descriptions solely for the purpose of marketing and reselling those products.
Use of the BMG Wholesale logo, branding or other proprietary material without prior written consent is
prohibited.
14. ACCOUNT CONDUCT
BMG Wholesale reserves the right to suspend or terminate any account where a customer:
Breaches these Terms and Conditions;
Abuses staff or representatives;
Repeatedly cancels orders;
Attempts fraudulent chargebacks;
Misrepresents themselves as a consumer or trade customer;
Engages in unlawful or dishonest conduct.
Termination of an account shall not affect any outstanding obligations.
15. NO DROPSHIPPING
BMG Wholesale does not currently offer dropshipping services.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, BMG Wholesale shall not be liable for:
Loss of profits;
Loss of business;
Loss of revenue;
Indirect or consequential losses;
Delays caused by suppliers, manufacturers or couriers.
Our total liability shall not exceed the value of the goods supplied.
Any remedy shall be limited to replacement, refund or credit at our discretion.
Nothing in these Terms excludes liability for death or personal injury caused by negligence or any
liability that cannot legally be excluded.
17. FORCE MAJEURE
BMG Wholesale shall not be liable for any delay or failure to perform its obligations due to
circumstances beyond its reasonable control including but not limited to:
Acts of God;
Fire;
Flood;
War;
Industrial disputes;
Government restrictions;
Shortages of materials;
Supplier failures;
Transport disruptions;
Power failures;
Internet outages.
Performance shall be suspended for the duration of such events.
18. DATA PROTECTION
BMG Wholesale processes personal information in accordance with applicable UK data protection
legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act
2018.
Customer data will only be used for legitimate business purposes and handled in accordance with our Privacy Policy.
19. CHARGEBACKS
Fraudulent or unjustified chargebacks constitute a breach of these Terms.
BMG Wholesale reserves the right to:
Recover any losses, fees or costs incurred;
Suspend or terminate the customer's account;
Refuse future orders.
20. CONSUMER RIGHTS
BMG Wholesale supplies trade customers only.
Consumer cancellation rights under the Consumer Contracts Regulations 2013 do not apply.
Customers acknowledge that purchases are made in the course of business.
21. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between BMG Wholesale and the
customer and supersede all prior agreements, understandings and communications.
No variation to these Terms shall be effective unless agreed in writing by BMG Wholesale.
22. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of
England and Wales.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction
of the courts of England and Wales.