Terms and Conditions of Sale

Sweet Cures and Trade Purchasers

In this document the following words shall have the following meanings:

GENERAL

PRODUCT INFORMATION

PRICE AND PAYMENT

DELIVERY SERVICE

RISK

TITLE

CANCELLATION AND RETURNS

WARRANTY

1) Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within a month from the date of delivery, subject to the following conditions:

2) Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
3) The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
4) The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein.

LIABILITY

1) No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

LIMITATION OF LIABILITY

Where any court or arbitrator determines that any part of this contract above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.

Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude reasonable liability on the part of the Seller.

FORCE MAJEURE

1) The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

RELATIONSHIP OF PARTIES

1) Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

ASSIGNMENT AND SUB-CONTRACTING

1)The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

WAIVER

1)The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

SEVERABILITY

1)If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

INTELLECTUAL PROPERTY AND RIGHT TO USE IT

1)The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller's literature and websites shall remain at all times solely owned by the Seller. The Buyer is permitted to use this material only as expressly permitted in writing by the Seller. The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (nor to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit (for example, promotion through google AdWords) or create derivative works of such material and content.

WEBSITE USE AND LINKS

1) Access to and use of the Sellers websites are subject to these Terms and Conditions. The Buyer agrees that use of these website services is entirely at the risk of the Buyer.
2) By using the Sellers websites the Buyer agrees not to attempt to undermine the web site's functionality and integrity
3) The Sellers websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
4) The Buyer agrees to not commercially undermine the Sellers’s products by own branding/copycat product placing, and if own branding copycat products are sold, the Buyer agrees to desist from advertising the Seller’s products immediately.

GOVERNING LAW AND JURISDICTION

1)Nothing in these Conditions shall limit or exclude either Party's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation, or in respect of any matter where it would be unlawful to exclude or restrict liability.
2) This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to its jurisdiction.

FULFILLED BY AMAZON (FBA) / THIRD PARTY AGREEMENTS / EXCLUSIVITY CONTRACTS

Exclusivity contracts are already in place for Amazon's 'fulfilled by amazon' service in the UK and exclusivity contracts are also in place for other countries / regions.

Buyers must not commit to fulfilled by Amazon arrangements in the UK and to discuss any other third-party terms and / or the countries / regions outside of the UK that the Buyer is intending to sell to with Sweet Cures.

The seller retains the rights to remove buyers from any third-party agreements, without notice - wherever a pre-existing exclusivity contract is not in place between the seller and the buyer. Costs incurred from exiting third party site contracts and / or any other incurred payments, where the buyer has no agreement with us are the responsibility of the buyer.

Exclusivity contracts are subject to a yearly review and renewal process. Buyers with existing exclusivity contracts will be given 30 days' notice of any changes to the contract.