Terms and Conditions

Welcome to Wholesale No.05! Please read this Terms of Service agreement before getting started. Because it is such an important contract between us and you.

ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Wholesale No.05 WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

What We Do and What We Don’t Do

Wholesale No.05 is a wholesale platform that supplies various kinds of fashion items at parity prices and aims to build a new B2B supply chain. We are focused on providing services for small and medium-sized wholesalers and retailers.

We sell all items at wholesale prices. Our responsibilities under these terms are limited solely to facilitating the availability of our services and platform.

We use Stripe and PayPal to process payments by Buyers. We do not assume any responsibility for risks arising from third-party systems.

Agreement to Terms

By using the Services, you agree to be bound by these Terms. If you don't agree with these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or Other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "you are" will refer to that company or other legal entity.

Use of the Services

You may use the Services only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance With these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The Services that Wholesale No.05 provides are always evolving and the form and nature of the Services that Wholesale No.05 may provide from time to time without prior notice to you. In addition, Wholesale No.05 may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.

In order to purchase products, you will need to register with Wholesale No.05, create a username, and provide certain information about yourself as prompted by the registration form, including a valid email address. You may No use a username for the purpose of impersonating another person or entity, including staff or any other representative of Wholesale No.05. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold the trademark or other legal claim on those Usernames.

By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.

You may also link your Wholesale No.05 account with your account on third-party sites, such as Facebook / Google (such account, a “Third-Party Account”). If you provide your Third-Party Account credentials to us or otherwise link your Wholesale No.05 account with a Third-Party Account, we’ll extract certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access.

Passwords

You are responsible for safeguarding the password that you use to access the Services. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. We encourage you to use strong passwords (passwords that use a combination of letters, numbers, and symbols) with your account. You must immediately notify Wholesale No.05 of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You may contact Wholesale No.05 to make this notification by emailing [email protected]. Wholesale No.05 is not liable for any loss or damage arising from your failure to comply with the above requirements.

Buying

If you make a purchase, you may be asked to provide payment information, including your credit card number, your bank account and routing number, the expiration date of your credit card, your address(es) for billing and delivery, and other information about your financial accounts (such information, “Payment Information”). If you make a purchase, you authorize Wholesale No.05 and Wholesale No.05's payment processor(s) to use the Payment Information to charge your designated payment account. You also authorize Wholesale No.05 and Wholesale No.05’s payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by using the Payment Information to debit or credit the payment account used in the applicable transaction.

You agree to bear any additional charges that your bank or other financial service providers may levy on you. You will receive a confirmation email once the transaction is complete. If you have any concerns or objections regarding charges, you agree to raise them first with us and you agree not to cancel, reject, chargeback, or request reversal of any charges related to a Purchase unless you have made a reasonable attempt at resolving the matter directly with Wholesale No.05.

By confirming your order and payment at the time of purchase, we confirm that you agree to all of our terms and conditions. Wholesale No.05 is not responsible for any damages caused by your lack of clarity.

A Purchase may be subject to local sales, Customs, or value-added taxes or additional postage upon delivery. These taxes or additional postage fees are not charged by the Services and Wholesale No.05 cannot be responsible for or provide order-specific advice regarding additional taxes or postal fees.

After the purchase payment is completed. If you need to provide information such as tax codes in your area, we will contact you online and wholesale@wholesale 05. To get in touch with you via e-mail. Com. You need to reply immediately, otherwise， the delivery time of the order will be delayed, if you do not reply within a week, the money will be returned to your account, cancel the order. Wholesale No. 05 shall not be liable for all losses and liabilities incurred, and the purchaser shall be liable.

Liability and Disputes

Wholesale No.05 has any control over or liability for the quality, safety, legality, descriptions, photos, or other aspects of the items listed for sale, nor does Wholesale No.05 have any control over or liability for the accuracy, truthfulness, quality, or other aspects of The materials and information associated with Listings. Wholesale No.05 is made or responsible for defective items.

If an item sold on Wholesale No.05 is delivered to you in a defective condition, your remedy is to submit a clear description and photo to prove that the fact of the defect exists. The project must be submitted within 30 days after the delivery date. Wholesale No.05 will Establish communication with you and provide solutions to your satisfaction.

Wholesale No.05 reserves the right in its sole discretion to determine if and when return postage will be provided to the buyer or the cost of return shipping will be partly reimbursed as store credit.

Buyer Feedback

Users may submit feedback information regarding that use of the Services or Products. You may only use the rating and feedback features for the bonafide purpose of submitting feedback regarding the experience you had. Any other use of the feedback system is prohibited. You may not threaten To submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user’s rating. Feedback information submitted by a user may be made available through the Services to other Users.

Privacy

Any personal information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your personal information. You understand that by using the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Wholesale No.05.

Special Privacy Terms for European Union Residents

Wholesale No.05 complies with applicable data protection laws, including the General Data Protection Regulation (“GDPR”), governing the Personal Data of European Union (“EU”) residents. If you are a resident of the European Union, your Personal Data, as that term is defined by GDPR, will be transferred lawfully to the United States pursuant to Wholesale No.05 s participation in the EU-US and US-Swiss Privacy Shield Frameworks (“Privacy Shield”). To read more about how Wholesale No.05 complies with GDPR and concerning our participation in Privacy Shield please review the relevant commitments of our Privacy Policy.

Communications

As part of the Services we provide, you may (if enabled) receive notifications, alerts, or other types of messages via text message, email, or the messaging functionality provided by the Services (“Messages”). You have control over the Message settings and can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your account or by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third-party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

If you provide your cell phone number and agree to receive communications from Wholesale No.05, you specifically authorize Wholesale No.05 to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services and may opt-out of such messages. You can opt-out of receiving text messages through your Account settings, or by replying STOP to the text message.

Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Buyers and Sellers (including you) provide to be made available through the Services. Content includes without limitation User Content.

All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Wholesale No.05 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Wholesale No.05 may offer a catalog of items, which may include photos, descriptions, etc. Wholesale No.05cannot guarantee that the information contained in such a catalog will be accurate or up to date, and you agree not to hold Wholesale No.05, responsible for any inaccuracies.

Subject to your compliance with these Terms, Wholesale No.05 grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

Your User Content

Your User Content will be viewable by other users of the Services. You should only make available information or provide User Content that you are comfortable sharing with others under these Terms. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third-party partners. Wholesale No.05 is not responsible or liable for any use of your User Content by Wholesale No.05 in accordance with these Terms. You represent and warrant that (i) you have all the rights, power, and authority necessary (you own it or have the right to use it) to grant the rights granted herein to any User Content submitted; and (ii) your User Content or your use and provision of your User Content to be made available through the Services does not violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity or result in the violation of any applicable law or regulation.

You may request the removal of your User Content from the Services at any time by specifically deleting it or sending a request to customer support. Some User Content cannot be deleted entirely as it may be needed for tax or other purposes by either Wholesale No.05 or another user. If you choose to remove your User Content or cancel your account, your User Content will be removed from public viewing as soon as is practical, (although backup copies may survive for archival and record-keeping purposes), provided, however, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content on the Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Notwithstanding these limitations, residents of the EU who are authorized users of the Services may exercise their right of erasure established in GDPR Article 17 by emailing Wholesale No.05 to request the deletion of the Personal Data collected by Wholesale No.05 at [email protected]. Wholesale No.05 will delete all Personal Data within a commercially reasonable period of time and will inform Processors with which we shared your Personal Data in order to provide your services to also delete your Personal Data. As permitted by GDPR, we will retain any of your Personal Data necessary either for: (i) compliance with a legal obligation; or (ii) for the establishment, exercise, or defense of legal claims. Our Privacy Policy explains in greater detail how you make exercise your rights pursuant to GDPR and you may access the relevant provisions here.

For all authorized users irrespective of country of residence, by submitting, posting， or displaying User Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use your User Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the User Content that you submit, post, transmit，or otherwise make available through the Services, even if used by other companies, organizations, or individuals who partner with Wholesale No.05.

We may need to modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media and you hereby grant us the rights to do so.

Wholesale No.05 claims no ownership of any User Content submitted, posted, or displayed by you on or through the Services. You retain any and all of your rights to any User Content you submit, post, or display on or through the Services, subject to the exceptions noted herein, and you are solely responsible for protecting those rights.

Wholesale No.05 Ownership Rights

All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of Wholesale No.05 and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Wholesale No.05 name or any of the Wholesale No.05

trademarks, logos, domain names, or other distinctive brand features. You may use the Wholesale No.05 name or any of the Wholesale No.05 trademarks, logos, domain names, or other distinctive brand features only in the event Wholesale No.05 grants you the right to do so in a separate written agreement. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid rights, and (ii) in any way that violates the rights of Wholesale No.05 or any third party. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding Wholesale No.05 or the Services are entirely voluntary and are the sole and exclusive property of Wholesale No.05. You hereby irrevocably assign to us all of your rights, title, and interest in and to such feedback, comments, or suggestions, and Wholesale No.05 is free to use them as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but are not obligated) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Wholesale No.05

Rules for using the Services and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or, (v) protect the rights, property or safety of Wholesale No.05, its users and the public.

Unless you have been specifically permitted to do so in a separate written agreement with Wholesale No.05 and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content (except your User Content) or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Wholesale No.05's computer systems, or the technical delivery systems of Wholesale No.05 is providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Wholesale No.05 (and only pursuant to those terms and conditions, if any, that are applicable) unless you have been specifically allowed to do so in a separate agreement with Wholesale No.05; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wholesale No.05 or any ofWholesale No.05’s providers or any other third party (including another user) to protect the Services or Content; or (vii) use, display, mirror or frame the Services, any individual element within the Services, or the layout and design of any page or form contained on a page, withoutWholesale No.05 ’s express written consent.

• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (vii) promotes illegal or harmful activities or substances;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

Copyright Policy

Wholesale No.05 respects copyright law and expects its users to do the same. It is the policy of Wholesale No.05 to disable and/or terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Wholesale No.05 recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, and film festival or other names or titles have no connection to Wholesale No.05 and are the sole property of the copyright or trademark holders. Some of the accessories on the app may be inspired by celebrity style or current trends, however, they are not authorized, endorsed by, or connected to celebrities or particular designers in any way and are not meant as infringements of any registered trademarks or copyrights.

Intellectual Property Infringement Policy

It is the policy of Wholesale No.05 to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent, and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Wholesale No.05 sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to [email protected]

Information Required

1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive design that is allegedly infringed;

2. A description of the allegedly infringing work or material;

3. A description of the allegedly infringing material is located on the App (product(s) URL);

4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;

6. Identification of the intellectual property rights that you claim are infringed by the App (e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04", etc);

7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, Wholesale No.05 may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and Wholesale No.05 shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this App in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Wholesale No.05 DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content thereon. We make no guarantee as to the duration or manner in which items appear on Wholesale No.05, whether in our catalog, at auction, or otherwise. Wholesale No.05 is not responsible or liable for any harm to your computer system, loss of data, glitches, bugs, errors, delays, disruptions, or other harm that results from your access to or use of, inability to access or use, the Services, or any Content. You agree that Wholesale No.05 is not liable for any damage or losses resulting directly or indirectly from any suspension of your account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Wholesale No.05 or through the Services, will create any warranty not expressly made herein.

Indemnity

You agree to defend, indemnify, and hold harmless Wholesale No.05 and its partners, and their officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wholesale No.05 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY ITEMS SOLD OR PURCHASED THROUGH THE SERVICES; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Wholesale No.05 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL Wholesale No.05 TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $50.

Waiver & Severability

The failure of Wholesale No.05 to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section below or by a court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or timely opt-out of arbitration as set forth below), the remaining provisions of these Terms will remain in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Wholesale No.05’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wholesale No.05 may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notice

Any notices or other communications provided by Wholesale No.05 to you under these Terms, including those regarding modifications to these Terms, will be given by Wholesale No.05: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law

These Terms and any action related thereto are governed by the laws of the State of Delaware, without regard to or application of its conflict of law provisions or your state or country of residence.

Dispute Resolution for Commercial Entities

If you are accessing and using the Services on behalf of a company or other legal entity, all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the state and federal courts located in Newark, Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Shipping

Wholesale No.05 ships from one main warehouse. However, depending on stock availability, some orders may be split into multiple orders at the discretion of Wholesale No.05. Thank you for your understanding. Wholesale No.05 packs your orders with care and takes precautions to ensure that your items arrive unscathed. Nevertheless, we cannot guarantee items will not be mishandled during shipping. While under no obligation to cover damages that incur during shipping, we strive to maintain a good relationship with our users and will try to remediate the problem in a quick, satisfactory manner.

Disclaimer and Limitation of Liability

Except as otherwise provided in the standard terms of sale that govern the same of each product on this App, this App, the products offered for sale on it, and the transactions conducted through it are provided by Wholesale No.05 on an "as is" basis. Wholesale No.05 makes no presentations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on this App except as provided here to the full extent permissible by applicable law, Wholesale No.05 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes, or typographical errors. Wholesale No.05 does not warrant that the content will be uninterrupted or error-free. To the maximum extent permitted by law, Wholesale No.05 will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Wholesale No.05's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the number of fees actually paid by you to Wholesale No.05 during the month immediately preceding the act allegedly giving rise to Wholesale No.05's liability.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. Wholesale No.05 reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.

Order Cancellation

The buyer can cancel orders freely within 48 hours after payment, for questions please contact our Support Center via [email protected]. However, once the order has been dispatched, the order cannot be canceled, changed, or refunded. Upon receipt of the package, our Service and Return policy comes into effect. For details, please refer to "Order and Payment"

Typographical Errors

While Wholesale No.05 strives to provide accurate product and pricing information, pricing or typographical errors may occur. Wholesale No.05 cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Wholesale No.05 shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Wholesale No.05 may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Pricing in Different Currencies

The pricing of products sold by Wholesale No.05 is based upon figures calculated in U.S. Dollars (US$). The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Wholesale No.05, excluding shipping.

Links

This App may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Wholesale No.05 is not responsible for the operation of or content located on or through any such site.

Remedies

You agree that Wholesale No.05's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Wholesale No.05 shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Wholesale No.05 may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Wholesale No.05 shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees, and expenses. No instance of waiver by Wholesale No.05 of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waivers.

Customer Code of Conduct

At Wholesale No.05, we take pride in providing class-leading customer service and will do our best to resolve all issues to customer satisfaction. However, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.

Unacceptable behavior directed towards Customer Service staff or Wholesale No.05 may, for example, include any of the following:

• Aggressive, abusive, and threatening behaviors, including any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.

• Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.

• Asking, expecting, or demanding staff to breach established company policy guidelines, e.g. refund amount, time frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to Wholesale No.05.

• Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.

• The excessive number of complaints compared to the total purchase value history.

For such behavior, complainants may be advised and formally notified of the following:

• Their language is considered offensive, abusive, threatening, and wholly unacceptable.

• They must refrain from using such language, intimidation, and threats.

• There will be no further exchange of correspondence on the matter if they persist with this behavior.

• Wholesale No.05 reserves the right to no longer accept orders from the customer in the future without further notice.

Changes

Notwithstanding the provision regarding changes to these Terms in the “Entire Agreement” section below, if Wholesale No.05 changes this “Dispute Resolution for Consumers” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of FWholesale No.05’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wholesale No.05 in accordance with the provisions of this “Dispute Resolution for Consumers” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Entire Agreement

These Terms and the Wholesale No.05 Rules are the entire and exclusive agreement between Wholesale No.05 and you regarding the Services, and these Terms supersede and replace any prior agreements between Wholesale No.05 and you regarding the Services. These Terms apply only to Wholesale No.05 and you. These Terms are not intended to, and shall not, create any third-party beneficiary rights, except as expressly provided in these Terms.

We may revise these Terms from time to time. If we make any material changes to these Terms, we will notify you of such changes by posting them on the Wholesale No.05 website or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Wholesale No.05 Inc., 2035 Sunset Lake Rd, Newark DE 19702. If you have any questions about these Terms, please contact us.

If you have any questions feel free to send us a note at the Wholesale No.05 app or email: [email protected]. We want you to feel comfortable using the Services and will happily answer any questions you have.