Terms and Conditions
- 1.The Product:
- 2.Delivery Policy:
- 3.Returns Policy:
- 4.Payment Policy:
- 5.Privacy Policy:
- 6.Disputes
- 7.The Breach
- (a) The Buyer will be treated as having repudiated the contract if it:
- (i) Becomes insolvent: or
- (ii) Commits a serious breach or one, which is not remedied within 7 days of being asked to do so.
- (b) The Buyer may be treated as having repudiated the contract if it:
- (i) Does not make payment when due: or
- (ii) Fails to accept delivery or give delivery instructions
- (c) If the Buyer repudiates the contract:
- (i) All invoices sent to it must be paid immediately
- (ii) The price of all goods not invoiced but delivered by the Seller or manufacturer or ordered for sale to the Buyer must be paid immediately.
- (iii) The Seller will be released from all future obligations under all contracts.
- (d) The buyer may be treated as insolvent if:
- (i) It is a company, which has a petition for winding up, or administration presented against it or passes a resolution for winding up
- (ii) A receiver of any of its assets is appointed
- (iii) It convenes a meeting of its creditors
- (iv) It (or any of its partners) becomes bankrupt
- (v) It is unable to pay its debts (defined in Ss 123 or 268 Insolvency Act 1986)
- (vi) One of its creditors tries to serve on it a document purporting to be statutory
- 8. Ownership
- (a) The goods remain the Sellers property (even after delivery) until:
- (i) The Buyer pays all that is may owe the Seller
- (ii) The Buyer sells them (at arms length to a customer not connected within itself)
- (b) The Buyer may use or sell the goods (but not if it is insolvent or the Seller tells it to return them) but only if the proceeds of the sell are held in trust for the Seller and paid into a separate account which may not be overdrawn for the Seller.
- (c) While the goods belong to the Seller:
- (i) The Buyer will hold them as the Sellers fiduciary agent and ballie (but may not commit the Seller to any liability under any contract); and
- (ii) The Buyer will store them safely and separately from other goods.
- (d) When the goods belong to the Buyer but are under the Sellers control then, if the Buyer becomes insolvent or fails to pay the Seller when it should have, the Seller has (in addition to its rights under Ss 38-48 Sale of Goods Act 1979)
- (i) A lien on the goods
- (ii) A right of stoppage in transit, and
- (iii) A right of resale as the Buyers agent
- (e) The Seller may sue the Buyer for payment whether or not property in the goods has passed.
- 9. Force Majeure
- (a) The due performance of the contract is subject to cancellation or variation by the Seller as a result of any default whatsoever on the part of the Sellers own suppliers or the inability to secure labour, materials or supplies as a result of any act of God, war, riot or civil disturbance, strike, lockout or any other labour dispute, fire, flood, drought or accident, legislation, requisitioning or other act or order by any government department, council or any other duly constituted authority, or any other cause beyond the Sellers control, in such an event, no liability shall attach to the Seller by reason of cancellation or variation of any contract.
- (b) Deliveries may be wholly or partially suspended and the time of such suspension to the original contract in the event of stoppage, delay or interruption of work, in the establishment of the Seller during the delivery period as a result of any of the clauses set out in subparagraph (a) or any cause whatsoever beyond the control of the Seller.
- 10. Risk and Damage in Transit
- (a) From the time of despatch of the goods from the Seller to the Buyer the risk of any loss or damage to or deterioration of the goods from whatever cause shall be borne by the Buyer
- (b) If the Seller undertakes delivery of the goods it shall not be liable:
- (i) For any loss, damage, deviation, delay or detention of the goods in the course of transit, or for misdelivery or short delivery unless the Buyer gives to the Seller and to the Carrier within 3 days of receipt of the goods a written notice of the Buyers complaint:
- (ii) For non-delivery or non-arrival of the whole of any consignment of the goods or of any separate package unless the Buyer shall give to the Seller and to the Carrier a written notice thereof within 4 days of the date of notification of the despatch of the goods
- 11. Claims Generally
We supply a range of specialist ‘Own Label’ confectionery that is branded to customer requirements. Products include chocolates, sweets, mints and biscuits.
Our products are not supplied from stock but produced when an order is confirmed in writing.
Depending on the product that is chosen we calculate a delivery date from artwork approval. This can vary between 5 and 15 working days. We will always confirm in writing the intended delivery date.
When goods have been produced we will deliver by courier/carrier on a ‘1 -3 days’ shipment policy depending on urgency. We can deliver to a timed schedule upon request.
Our product range is produced to high quality and specification. We will always send samples in advance for customer inspection.
Any faulty product will be replaced FOC
Payments are usually made against invoice and settled by Bacs or cheque. For companies and individuals who wish to pay by credit card there is a 2.5% administration fee and we will accept a credit card payment over the phone. If you decide to pay by credit card we operate a pay pal service and can accept most credit cards.
Once payment has been processed via our “Virtual Terminal” all financial details will be deleted from our records.
The Buyer shall within 14 days of delivery of goods inform the Seller in writing of any discrepancies concerning the goods. In default of such notification, the Buyer shall be deemed to have accepted the goods.
In no circumstances shall the Seller be liable for consequential loss or for any claims relating to the condition of goods stored by the Buyer for more than 3 months.