Terms & Conditions
BUSINESS-TO-BUSINESS TERMS AND CONDITIONS OF SALE
The following Terms and Conditions (“the Conditions”) are the terms on which Smile Box (“the Company”) sells to other businesses (“the Buyer”) and supersede all other terms and conditions used by the Company.
- Orders, Price and Payment
- Following verbal or written confirmation of an Order, the Company shall issue an Order Form which will be sent to the Buyer via e-mail. The Order Form will specify the details for the order including quantity of and contents within the Smile Box in accordance with the agreements made between the Company and the Buyer.
- If upon receipt of the Order Form, there are any errors or discrepancies, the Buyer must notify the Company within 2 working days so that this can be rectified with a replacement Order Form.
- No contract shall come into existence until the Buyer accepts the Order in writing.
- Where purchase order numbers are used by the Buyer, this must be provided at point of Order so it can be quoted on the Invoice.
- Once the order has been accepted in writing by the Buyer, an invoice will be issued which will show Goods and Prices agreed between the Company and Buyer and will state clearly any VAT payable.
- 50% Deposit payment is due no later than 7 days after the Order is accepted (“the Due Date”). The remaining 50% is payable 14 days prior to despatch of the Order. The Due Dates will be stipulated on the Order Form and invoice and payment can be made using any of the payment methods given on the Invoice.
- Any cancellation of an Order by the Buyer must be in writing, and agreed as cancelled also in writing by the Company. If this occurs after the payment of a Deposit, this payment will not be refunded to the Buyer but the Buyer will be released from its obligations under the contract for any further payments due and the Goods will not be provided.
- Goods and Delivery
- The description and quantity of the Goods to be sold (“the Goods”) shall be as set out in the Order Form provided by the Company to the Buyer (“the Order”).
- In the unlikely event that a selected item is unavailable, the Company reserves the right to issue a substitute item of their choice to fulfil the Order and will notify the Buyer in writing of this modification.
- The Company shall deliver the Goods to the Buyer in accordance with the Delivery details specified and agreed on the Order Form.
- Where it is agreed that the Company will send the Goods directly to recipients, the Buyer agrees to use a reliable delivery partner and provide the details to the Buyer, but any responsibility for safe delivery of the Goods lies with the delivery partner once they have been handed over.
- The Buyer shall make all necessary arrangements to take delivery of the Goods on the day notified by the Company and accepts liability for any loss incurred should they not make the necessary arrangements to accept the delivery.
- Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer or their employees due to any defect in the Goods.
- The Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way as a result of the Order.
- If any term or provision of these 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 Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood or earthquake.
- The laws of England and Wales shall govern this Agreement and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
- Any testimonials and feedback provided by the Buyer or their employees may be used by the Company in their promotional materials and on social media.