Fragranced Humour Terms and Conditions

 

Definitions

  • Contract: The contractual agreement between Fragranced Humour (referred to as "The Seller") and the Buyer for the sale and purchase of the Goods in accordance with the Terms and Conditions outlined here.
  • Seller: Refers to Fragranced Humour, the entity offering the Goods for sale in accordance with these Terms and Conditions.
  • Fragranced Humour: The holder of UK trademark registration number: UK00003917039
  • Buyer: Any individual, partnership, company, or entity entering into a transaction to purchase Goods from Fragranced Humour.
  • Goods: Refers to the products, or items available for purchase from Fragranced Humour, as specified in the Order placed by the Buyer.
  • Order: The formal request made by the Buyer for the supply of Goods from Fragranced Humour, specifying the quantity, and any other relevant details.
  • Day: refers to a period of 24 hours running from midnight to midnight.
  • Force Majeure Event: Any unforeseeable circumstance or event beyond the reasonable control of either party, which prevents the fulfilment of contractual obligations.
  • Website: The online platform operated by Fragranced Humour, accessible at fragrancedhumour.co.uk, where Goods are displayed and transactions may occur.
  • Terms and Conditions:  Refers to Fragranced Humour’s standard Terms and Conditions of Sale, as outlined and detailed in this document, governing all transactions and agreements between Fragranced Humour and the Buyer.

 

1. General

These terms and conditions of sale form part of all contracts for the supply of goods by Fragranced Humour ("the Seller"). They will prevail over any oral or written terms or conditions submitted by any Buyer ("the Buyer") unless these have been agreed in writing by the Seller. 

All headings are for ease of reference only and will not affect the construction or interpretation of these Terms and Conditions

 

 

2 The Goods

 2.1 Variation and Substitution:

 

The Seller reserves the right to vary the design, finish, or specification of Goods and/or their packaging at any time.

The Seller may substitute any materials or parts used in Goods with alternative materials or parts if:

Such substitution does not materially affect the quality or performance of the Goods.

Such substitution is necessary to comply with health and safety or other legal requirements.

The Seller will make reasonable efforts to provide the Buyer with prior written notice of any such variation or substitution.

2.2 Samples and Descriptions:

 All samples, drawings, descriptive and illustrative matter, and advertising issued or published by the Seller, whether in catalogues, brochures, websites, other promotional material, or otherwise, are for the sole purpose of giving an approximate idea of the relevant Goods.


This addition ensures clarity regarding the Seller’s right to make variations or substitutions to the Goods and emphasizes that samples and descriptions are approximate representations for informational purposes.

 

  • Resale: 

Buyers with bricks and mortar premises are permitted to sell on their premises and online via their own wholly owned websites and the resale of goods conditions outlined here apply.

Buyers reselling Fragranced Humour’s goods shall make the Seller aware of their websites prior to listing any Fragranced Humour supplied products online, along with the details of the ranges listed and the intended website(s) used for the solicitation of sales.

The Buyer reselling Fragranced Humour’s goods online should have a dedicated customer service facility which is clearly advertised on their website. The Buyer must not direct their customers to any helplines operated by Fragranced Humour. The customer service facility must have a dedicated email address and telephone number and handle customer service matters in a friendly and helpful manner. It must be made clear to the Buyer’s customers that the Buyer is not Fragranced Humour and take steps to avoid any confusion. It should be made clear that the Buyer is not acting on behalf of Fragranced Humour or in any official capacity. All deliveries should be made in a timely manner and with the appropriate packaging. Boxes should be of an adequate size and contain appropriate internal and external packaging. Only products that the Byer has in stock can be displayed for sale on the website.

Fragranced Humour refuses the use of "authorised dealer", "authorised stockist" or any similar terminology without written permission from Fragranced Humour.


Goods may not be altered, re-packaged or re-branded under any circumstances.

 

Fragranced Humour does not allow any sales of its products on online marketplaces such as (but not limited to) Etsy.com, Ebay.com, Ebay.co.uk, Amazon.co.uk, Amazon.com, Amazon.de without our express written consent.


All search criteria, headers including pay per click must not contain any wording containing (not limited to) "money off", "discount", "x% off".


Fragranced Humour reserves the right to refuse orders or terminate accounts, that fail to comply with the terms and conditions.

 

3. Product Packaging and Assortment

 Fragranced Humour products are packaged in sets of 6 pieces per design.

The minimum order quantity per design is 6 pieces.

The Buyer has the flexibility to create custom assortments within the minimum order quantity.

4. Recommended Retail Price (RRP)

 Fragranced Humour products must be sold at the recommended retail price (RRP).

In the event of offering discounts, the Buyer must not exceed a 20% reduction below RRP without prior approval from the Seller.

 

5. Payments and Pricing

 All orders must be paid for in full at the time of ordering.

All prices are listed in UK Pound Sterling.

Unless otherwise specified, VAT and any other tax or duties payable by the Buyer shall be added to the price.

Unless other prior arrangements have been agreed with the Seller, all samples dispatched are to be paid for.

Prices and product availability are subject to change without notice.

 

6. Minimum Order Value

The minimum order value for purchases is £150, and it can be a mix of any Fragranced Humour products.

UK Mainland delivery cost is £12.00 for order value below £250.

Free UK Mainland delivery for order value above £250.

 

 

7. Delivery Instructions and Delivery Window

 It is the Buyer’s responsibility to provide details of any delivery restrictions or preferences, such as palletized orders for bulk quantities.

It is the buyer's responsibility to provide all relevant shipping/delivery instructions.

The Seller will not cover the cost of resending returned or declined orders.

 

Delivery dates are given in good faith but are not guaranteed. Such dates are approximate only and not of any contractual effect and the seller shall not incur any liability by reasons of failure to deliver on any particular date or dates.

 

Any delivery discrepancy must be notified to the Seller in writing within 7 days of the delivery. 

 

Allow at least 10-14 days from the time of your order for the completion of items.

Larger orders may require more time, which will be discussed at the time of inquiry and confirmed with the invoice.

 

8. Damages and Defects

 It is the Buyer’s responsibility to inspect all shipments immediately upon arrival. Report damaged or defective shipments to the Seller within 7 days of receipt.

Returned merchandise will be replaced with new merchandise. Returned items held for more than 14 days after receipt will not be accepted.

 

9. Returns Policy

 If for any reason the Buyer is not completely satisfied with their order the Buyer may return any or all of the items in their original packaging for a refund within 14 days of delivery subject to the following terms.

The Buyer must inform the Seller of their intention to return the goods to the Seller in writing within 7 days of receiving the goods, specifying the invoice number and reasons for the return.

 

The Buyer must wait for the Seller’s response by email before returning the goods. The Seller may correspond with the Buyer to discuss the condition of the goods they wish to return.

The Buyer must return the goods to the Seller by a registered/recorded delivery service (which requires a signature by the recipient). The Buyer is responsible for paying the shipping costs for returns.

The Seller cannot credit or refund returns that are received in a non-saleable condition, or that have been lost in transit. The Buyer must retain the original registered/recorded mail receipt in case the Seller requires proof of the return in the unlikely event that the return package does not reach the Seller.

All returned products must be in their original product packaging. If the Buyer has opened the product packaging, or  the Buyer has damaged the packaging or labelled the products so that it cannot be reused, the Seller reserves the right to provide the Buyer with a partial refund only. 

Subject to the Buyer’s compliance with the returns section above, if the Buyer is returning  goods because they were damaged in transit, or because the wrong products were delivered, then the Buyer shall be entitled to a refund of the full product price(s) of the returned product(s) and the cost of return delivery will be covered by the Seller.  Please note: If returning products that are damaged on arrival, or the wrong products have been sent, the Buyer will need to provide images for a refund to be made.

 

 10. Sale or Return/Exchange Policy

Under no circumstances does the Seller offer a 'sale or return' policy or an exchange policy.

 

11. Cancellation

 For order cancelations, the Buyer must inform the Seller in writing as soon as possible.

If the Seller received the order cancellation instruction before the dispatch of the goods, the Buyer shall be entitled to a full refund of the total order price.

If the Seller receives the order cancellation after the Seller has dispatched the goods to the Buyer, then the Buyer may no longer cancel the order. However, the Buyer is entitled to return the goods to the Seller in accordance with the returns policy outlined in this document.

 

 12. Terminations

 The Seller will be entitled to terminate a contract with the Buyer if the Buyer commits a breach of any of these terms and conditions or if the Buyer becomes subject to an administration order, bankrupt or goes into liquidation, other than for the purposes of reconstruction. In the event of such a termination the Seller shall be entitled to suspend and/or cancel any future deliveries or existing orders without any liability to the Buyer.

The Seller reserves the right to refuse orders or terminate accounts, that fail to comply with the terms and conditions outlined here.

 

 13. Warranty & Liability

 The Seller shall not be liable to the Buyer for shortages in quantity delivered unless the Buyer notifies the Seller of any claim for short delivery within 7 days of receipt of the goods.

The Seller shall not be liable to the Buyer for damage to or loss of the goods or any part thereof in transit (where the goods are carried by the Seller's own transport or by a carrier on behalf of the Seller) unless the Buyer notifies the Seller of any such claim within 7 days of receipt of the goods or 14 days of the date of dispatch shown in the seller's dispatch email confirmation whichever shall be earlier.

The Seller shall not be liable to the Buyer for defects in the goods caused by any act, neglect or default of the Buyer or of any third party.

 

14. Copyright and Intellectual property

 All design, packaging, text, graphics, the selection and arrangement thereof, and all software compilations, underlying website source code, software (including applets) and all other material are copyright of the Seller, or their content and technology providers. ALL RIGHTS RESERVED.

Fragranced Humour may not be used by the Buyer as a domain name or part of a domain name associated with selling the Goods.

Any images featuring the Goods, or any other Fragranced Humour products can only be used with prior written consent by the Seller.

The Buyer may not reproduce or use the rights (including but not limited to brand names, trademarks and descriptions of Goods) owned by Fragranced Humour in relation to the Goods or otherwise, except with the prior written consent of Fragranced Humour.

15.  Confidentiality

All designs, specifications, drawings, documents and information disclosed by the Seller to the Buyer, its employees and agents shall be treated by the Buyer as confidential and the Buyer, its employees and agents may not disclose, deal or use any such information without the written authority of the Seller. The Buyer shall indemnify the Seller against any loss or damage arising from a breach by the Buyer of this clause. This provision shall include costs and expenses.

 


16. Website Permissions and Terms of Use

 To the fullest extent permitted at law, the Seller provides this website and its contents on an "as is" basis and make no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, the Seller does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.

Except as specifically stated on this website, to the fullest extent permitted at law, neither the Seller nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, the Seller does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of the Seller, its affiliates or employees.

 

 

17.  Data Protection

Information about the Buyer, its employees and agents may be retained by the Seller to maintain and update its records to enable the Seller to administer and facilitate the Buyers' requirements. The Seller may also exchange such information about the Buyer with credit reference agencies to facilitate carrying out credit checks and other facilities for preventing fraud, theft and for tracing debtors. 
The Seller will not sell, distribute or lease the Buyers’ personal information to third parties unless the Seller has the Buyer’s permission or is required to do so by law.
Under the Data Protection Act 1998, the Buyer is legally entitled to request details of their personal information held from the Seller.

 

 

18. Disclaimer and Miscellaneous

 The terms and conditions outlined here shall govern every contract between the Buyer and the Seller. No variation will have any legal affect whatsoever unless agreed in writing and signed by the Seller.

 The placing of an order with the Seller shall be deemed as an acceptance of these terms whether each order be oral or in writing and whether signed or not. Any employee of the named buyer placing an order with the Seller will be deemed to have the full authority to place orders.

 The Seller gives no warranty or guarantee of goods of any kind whatsoever and guarantees whether expressed or implied are hereby excluded. The Seller undertakes at the request of the Buyer to pursue any reasonable claim against the manufacturer of the goods on behalf of the Buyer’s customer.

 The Seller shall not be liable for any default due to any circumstances beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-outs, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.

 

19. Force Majeure

 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from a Force Majeure Event. If the period of delay or non-performance continues for three (3) months, the unaffected party may terminate the Contract by giving 28 days’ written notice to the affected party.

 

 20. Law and Jurisdiction

 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed and construed in accordance with the law of England & Wales.

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