This website is operated by Who Gives A Crap aka Goods Goods Pty Ltd, ABN 67 154 870 452 in Australia, Who Gives A Crap Limited, UK VAT Number 268 3946 55 in the EU and UK, and Who Gives A Crap Inc, State File Number 4904789 in the US (also referred to as “we”, “our”, “us”).
Here at Who Gives A Crap we like to keep things fun and simple but sometimes to protect you, our fabulous B2B customer, and us, we need to spell things out in detail. This document sets out our house rules, the do’s and don’ts, the nitty gritty, or what the lawyers like to call terms and conditions of trade (“Terms” for short, we told you we like to keep things simple!). We ask that you please read these carefully before proceeding with using our website or mobile site (collectively referred to as our “Site”). If you do not agree to our Terms, you must not continue to access or use our Site, B2B online store (hosted by Shopify Inc, our content, products and services (collectively referred to as our “Online Store”).
Quick reference to these Terms:
SECTION 1 – OVERVIEW & QUICK REFERENCE (AKA CLICK & YOU SHALL FIND)
SECTION 2 – YOUR ACCEPTANCE OF OUR TERMS
SECTION 4 – ACCURACY, COMPLETENESS AND OMISSIONS
SECTION 5 – MODIFICATIONS TO OUR ONLINE STORE AND PRICES
SECTION 6 – PRODUCTS AND SERVICES
SECTION 7 – ACCOUNT INFORMATION, PAYMENT, ORDERS, MINIMUM QUANTITIES & DELIVERY
SECTION 8 – RETENTION OF TITLE & PPSR
SECTION 9 – RETURNS & REFUND POLICY
SECTION 11 – THIRD-PARTY LINKS
SECTION 12 – OUR CONTENT (AKA INTELLECTUAL PROPERTY RIGHTS)
SECTION 13 – PERSONAL INFORMATION
SECTION 14 – PROHIBITED USES (AKA PLEASE DON’T DO IT!)
SECTION 15 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
SECTION 18 – TERMINATION & SURVIVAL
SECTION 19 – ENTIRE AGREEMENT, INTERPRETATION & WAIVER
SECTION 20 – GOVERNING LAW & DISPUTES
SECTION 21 – FORCE MAJEURE (SOMETIMES THE UNEXPECTED HAPPENS!)
SECTION 22 – CONTACT INFORMATION
SECTION 24 – BRANDING & ADVERTISING GUIDELINES
Please note that the headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
By visiting, using and/or purchasing from our Online Store, you (for the purposes of these Terms, “you” means you being a user of our Online Store and authorised representative of the B2B customer, and the B2B customer, as applicable):
One thing before we jump into it (if you couldn’t tell by the bold font, this is important!), while we aim to be lovers and not fighters, in the unlikely event you have a dispute with us please note Section 20 - Governing Law & Disputes, which requires that you agree to resolve any dispute you may have with us through binding confidential individual arbitration, which means that you waive all rights to have a dispute decided by a judge or jury and that you also waive your right to participate in class actions.
You can review the most current version of our Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates and/or changes to our Site.
It is your responsibility to check this page periodically for changes. Your continued use of or access to our Online Store following the posting of any changes to our Terms constitutes acceptance of those changes.
While we make every effort to ensure information is accurate and up-to-date, occasionally (it happens sorry, we are humans after all!), there may be information on our Online Store or in the provision of our products and services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions and images, pricing, promotions, offers, product shipping charges, transit times and availability.
We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information on our Online Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), to the extent permitted by law.
We have no obligation to update, amend or clarify information on our Online Store, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Online Store or on any related website, should be taken to indicate that all information on our Online Store or on any related website has been modified or updated.
Prices for our products, services and any B2B discounts offered, are subject to change without notice. Applicable taxes and shipping charges will be shown during the checkout process prior to finalising your order.
We may at any time modify or discontinue our Online Store (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Online Store.
When it comes to our products and services here are some key things you need to know:
Account Information & Payment
If you create an account with us, you agree that you are responsible for keeping your password secure. We are not liable for any loss or damage from your failure to maintain the security of your account and password.
You agree to provide current, complete and accurate purchase and account information (and update that information ASAP if it changes) for all purchases. You must ensure that all information provided to us for the purpose of processing payments is correct and you are authorised to utilise the given payment method. You acknowledge that we are entitled to verify the authenticity of the payment information you provide (please note this not only protects us but protects you too!).
Unfortunately, if you do not provide us with accurate and up-to-date information, we may not be able to fulfill your order, contact you and may suspend or terminate your account (Oh, sad face!).
If you make an order through our Online Store, payment terms of 7 days from the date of invoice (“7 Day Payment Terms”) may be available for purchases between:
We may alter, cancel or refuse to offer 7 Day Payment Terms to you for any reason. For all purchases where 7 Day Payment Terms are not available, payment via credit card is required for your order to be accepted.
Orders & Minimum Quantities
We may refuse any order you place with us, or limit or cancel quantities purchased for any reason. In the event that we make a change to or cancel an order, we may attempt to notify you by using the email, phone number and/or billing/shipping address provided at the time the order was made.
To access B2B discount prices, minimum order quantity requirements apply. A B2B discount will be available on an order of product that meets the Minimum Quantity set out in our Online Store (“Minimum Quantity”).
B2B discounts may vary from time to time and the discount available will be the B2B discount specified on our Online Store at the time you place your order. Any purchase under the Minimum Quantity will be charged at normal retail prices.
Delivery
We endeavour to deliver all orders on-time, however we cannot guarantee that the third party shipping providers we use will not experience shipping delays or problems. If more than fourteen (14) days have passed since you received a shipping confirmation email from us, please contact us at sales@whogivesacrap.org so that we may rectify the problem. You must contact us within 2 months of the shipping date for us to be able to help.
Retention of Title
Legal and beneficial title in all products supplied remain vested in Who Gives A Crap and do not pass to you until all monies owing to us by you (together with all collection, repossession and/or legal costs incurred) have been paid in full.
We may demand at any time that you return the products or any part of them (and for this purpose you must keep our products separate to any other products you may sell), unless we have received payment in full and title has passed to you. If you default in payment of any monies owing, we (and any party we appoint on our behalf) will have the right without notice to enter your premises or any other premises where the products are stored, to repossess the products and for this purpose, you will grant reasonable access rights and we (and any party we appoint on our behalf) will be entitled to do all things required to secure repossession.
Notwithstanding the above, the risk in the products purchased shall pass to you upon delivery to you or your agent or carrier nominated by you.
Security Interest – Australia
We may at any time register our interest in products supplied to you on the personal property security register (PPSR). To avoid doubt, our interest in the products constitutes a ‘purchase money security interest’ (PMSI) pursuant to the Personal Property Securities Act 2009 (Cth) (“PPSR Act”). You agree to, promptly on our request, sign any documents, provide any information or do any act to ensure our PMSI is perfected.
To the extent that any products supplied are not goods used predominantly for personal, domestic or household purposes, the parties agree that Sections 95 (notice of removal of an accession), 121(4) (notice of enforcement – liquid assets), 129(2) (notice of disposal by purchase), 130 (notice of disposal to grantor), 132(3)(d) (contents of statement of account), 132(4) (statement of account no disposal), 134(2) (notice of retention of collateral), 135 (notice of retention), and 157(1)and (3) (provision of verification statement) of the PPSR Act do not apply and you waive any rights you might otherwise have under these sections.
Security Interest – Other Jurisdictions
We may at any time register our interest in products supplied to you on the personal property security register or similar system as applicable in the relevant jurisdiction to note our interests in the products supplied to you. You agree to, promptly on our request, sign any documents, provide any information or do any act to ensure such registration is perfected.
We love our products, and we hope you do too! If, however, for any reason you are not satisfied with your Who Gives A Crap order, we think that returns and refunds should be easy and hassle-free.
If you’re not happy with your product and would like a refund, please email us at sales@whogivesacrap.org within 30 days of receiving your product and we’ll arrange a refund. Please specify your order number (you can find it in your order confirmation email) and tell us what the problem is so we can do our best to fix it for next time!
We’ll provide you with a return shipping address label and even cover the cost of return postage. All you need to do is print and securely attach the return shipping address label (after removing the original delivery instructions) to the box or packaging you received your order in (or other packaging if you have already disposed of ours) and pop it in the post. There are no restocking fees or penalties for returning your goods (seriously, who does that!?)
Please note that in most cases we can only accept products for return that are ‘largely unused’, meaning that if more than 25% of the products in your order have been used (for example, 13 rolls of toilet paper have been used out of your box of 48 rolls), then unfortunately we cannot accept the return and cannot give a refund (unless required by law). An exception to this is if you discover some or all of the remaining products are faulty, in which case we will provide a refund in accordance with consumer laws.
We may provide you with access to third-party tools (because we think they are pretty cool and that you will like them!) over which we neither monitor nor have any control nor input. You agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Site may include materials from third-parties. Third-party links on our Site may direct you to third-party websites that are not affiliated with us (and your use of such third-party websites is subject to that third-party’s terms and conditions). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party's terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We own, or use under license, all intellectual property rights (fancy lawyer talk for protecting what is ours!) in our Site and the content we publish on it (including, but not limited to, our name and logo, images, blog content). Nothing in these Terms or your access and use of our Online Store gives you any rights in our Online Store. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Online Store, without express written permission by us.
We take our obligations in relation to your privacy seriously and your submission of personal information through our store is governed by our Privacy Policy (available at www.whogivesacrap.org. Check it out, we think it’s pretty cool!).
We don’t like to be the “no” police but there are just some things that we have to be clear on that are absolutely unacceptable (for legal or other reasons) when using our Online Store, our Site its content, or features and tools provided by third parties, or where engaging with us on social media (collectively referred to as the “Platforms”). In addition to other prohibitions set out elsewhere in these Terms, you must not use the Platforms:
We (or the relevant third-party) may terminate your use of the Platforms or any related website for violating any of the prohibited uses set out in these Terms and/or the third-parties terms and conditions.
We know it’s a lot to read all these terms and conditions, we really do appreciate you reading them, and we think you deserve a joke before we jump into some other serious stuff! Here goes…
What did the toilet say to the other toilet?...
…Hi there, you look a bit flushed!
Now, back to it.
We do not guarantee that your use of our Online Store will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of our Online Store will be accurate or reliable. From time to time we may remove our Online Store (in whole or part) for indefinite periods of time or cancel at any time, without notice to you.
Your use of, or inability to use, our Site is at your sole risk. Our Online Store including all products and services delivered to you are (except as expressly stated by us or where a warranty cannot be excluded by law) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Who Gives A Crap, our related bodies corporate, our and our related bodies corporates’ directors, officers, employees, affiliates, partners, agents, contractors, interns, suppliers, service providers or licensors (collectively referred to as the “Who Gives A Crap Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of or for any other claim related in any way to our Online Store (as defined in these Terms), 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 our Online Store, even if advised of their possibility. If the Who Gives A Crap Parties are liable to you in any way, such liability will not exceed the total cost of our products ordered by you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless the Who Gives A Crap Parties from any claim, demand, proceeding, loss, damages or expense (including reasonable legal fees), made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms remain in force and are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Online Store and when you cease using our Site.
While we hope that we never need to do this (because you are a rule-abiding and fabulous businesses!), but if we believe you fail, or we suspect that you have failed, to comply with any part of these Terms, we may terminate these Terms immediately without notice to you and:
Any obligations and liabilities of you and/or us incurred prior to the termination date of these Terms shall survive the termination of these Terms for all purposes. Further any terms by their nature and context that are intended to survive termination will survive. We have no responsibility or liability to you for any damages, loss, expense or other claim arising from the termination of these Terms or the denial of access to our Online Store.
These Terms and any additional terms and conditions and policies referenced and/or available by hyperlink in these Terms or on our Site constitutes the entire agreement and understanding between you and us and govern your use of our Online Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. What does this mean you ask? It means that if we choose not to enforce a right it does not mean we cannot enforce it at a later time.
These Terms shall be governed by and construed in accordance with:
(“Governing Law”)
To the fullest extent permitted by law, you agree to waive any right to trial by judge or jury and to class action litigation. You expressly agree to resolve any dispute (that we cannot resolve between ourselves) via individual confidential arbitration, to which the arbitrator will apply the relevant Governing Law (“Arbitration & Waiver Provision”).
Sometimes the unexpected really does happen (we are looking at you 2020!) and in the event that it does, we will be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of that unexpected event or series of events. What might be unexpected you may ask? This includes weather conditions, acts of nature, God, war or terrorism, insurrection, riots, civil disorders or rebellion, pandemics, quarantines or embargoes, labour strikes, or other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund.
We’re here to help! Any questions about these Terms can be sent to us at sales@whogivesacrap.org.
WHO GIVES A CRAP RESELLER CODE OF CONDUCT
Here at Who Gives A Crap we love toilet paper because for us, it’s our way of making the world a better place and we seek to work with partners who share our vision.
We have created this Reseller Code of Conduct (“Code”) to clarify our expectations and we ask that you agree to respect and maintain our values. The provisions in this Code represent the minimum standard expected of our resellers and you are required to comply with this Code as a condition of being a Who Gives A Crap reseller.
We look forward to working with you!
We consider a reseller to be any company or person that buys products directly from us and sells (including via physical retail stores and online retail stores) our products to other individuals or companies.
We love that you also want to share our products with the world and are happy to work with you to resell our products within your business. You can become a reseller by purchasing directly through our Online Store or by emailing us at sales@whogivesacrap.org.
By reselling any of our products, you acknowledge that you are agreeing to abide by this Code. This Code, as updated from time to time, applies to you while you are reselling our products, and otherwise until your reseller relationship with us is completed or terminated.
Your ability to purchase products for resale on our Online Store is extended only to the products listed. Other retail specific products that include unit barcodes are available through our retail partners, please find more information on these partners on our website. You also acknowledge that when reselling our products, you only resell them in their original packaging and do not sell individual units (eg. you can resell an entire box of 48 rolls, but not rolls individually) unless we have a prior written agreement with you.
If we determine that you have violated this Code, we may at our discretion, either terminate our reseller relationship with you or require you to implement a corrective action plan within an agreed period of time.
In the event that any promotional material is created by you with the purpose of representing Who Gives A Craps’ products, all content (including images, videos, and text) must be provided to us for written approval before publication. You agree to make any changes to such promotional material as reasonably requested by us.
Social media posts are permitted as organic posts only. They must remain unboosted on Facebook, and Instagram, without the use of any monetary paid advertising budget to promote the post, and or business selling our products. For search paid advertising such as Google Ads you must not bid on the key terms ‘Who Gives A Crap’ or ‘Toilet Paper’.
If we determine that any promotional material is harmful or damaging to our brand, you must remove or withdraw this material as soon as practicable following our request to do so.
Compliance with Laws & Our Values
We are law-abiding citizens here at Who Gives A Crap who care about the world and making a positive difference in peoples’ lives, and we expect that our resellers share the same values.
So we are all on the same page, you agree to fully comply with all applicable laws, regulations treaties, ordinances (you get the idea, for simplicity lets just call them “Laws”), hold the same values, and implement socially responsible practices and processes (as relevant to your business), which include, but are not limited to, the following:
We say no to child labour and forced labour, and strongly support fair compensation for employees, protection of vulnerable workers such as those with immigrant status, and the provision of safe and inclusive workplaces.
We love all people, and respect and value difference in all its many forms.
Play fair and act with integrity, it is as simple as that.
Unfortunately (it astonishes us too!) slavery still exists, and the scary part is that modern forms are less visible. We say no to the exploitation of others, and a big yes, to taking steps to identify and remediate modern slavery in business and supply chains.
We take our customer’s privacy very seriously and acknowledge the trust our customers place in us when they provide us with their personal information.
We think it is fairly obvious by now but here at Who Gives A Crap we are particularly concerned with the impact we all have on the environment. We place a great deal of importance on operating in an environmentally responsible and efficient manner to minimise advice impacts on the environment and striving for continuous improvement to minimise adverse effects on the environment.
Policies
Without limiting any other obligations, you have under this Code, you agree to comply with all relevant and reasonable policies that Who Gives A Crap may provide to you during the course of your relationship with us. If you cannot or will not abide by these policies, we may cease our reseller relationship with you.
You agree to comply with all applicable privacy legislation and data protection laws and any privacy policies (including our privacy policy available at www.whogivesacrap.org) adopted by Who Gives A Crap in respect of any personal information collected, used, disclosed or stored by you in relation to your relationship with Who Gives A Crap. You must promptly notify us of any inquiry or complaint alleging a breach of such privacy obligations and must provide reasonable co-operation to Who Gives A Crap to resolve any complaint alleging a breach of any privacy laws or any request by a third party seeking access to their personal information.
Subject to any right we have to establish maximum resale prices, you may resell our products at such prices as you deem appropriate. We have provided you with the Recommended Retail Prices of our products for you to use as a guide if you so wish. To the extent permitted by law, we request that you avoid such pricing policies that would clearly have an adverse effect on the market price of our products.
If you have any queries, you can contact at sales@whogivesacrap.org.
