Terms and Conditions
The following Terms and Conditions are between the Customer (hereafter referred to as “you” or “your”) and Sweet Genie Ltd (hereafter referred to as “Sweet Genie”, “we”, “us” or “our” – these references also refer to any authorised agent of Sweet Genie Ltd or employees of Sweet Genie Ltd).
By submitting an order on www.SweetGenie.co.uk you are agreeing to the terms and conditions that appear herein which will apply to any purchases made throughout this website.
By agreeing to these terms and conditions you confirm that you are;
- A registered customer of this website;
- Over 18 years of age;
- Providing accurate and complete details; and
- Consenting to Sweet Genie collecting your information for marketing purposes
Privacy
The use of your personal information is covered by our Privacy Policy – a link to which is provided at the bottom of each website page.
Purchase Contract
All purchases made on this website are governed by these Terms and Conditions. The Terms and Conditions governing your purchase will be those in effect on the date of your purchase. We reserve the right at our sole discretion to amend these Terms and Conditions at any time. If you order goods after we have published any changes to the Terms and Conditions you will be bound by those changes. Accordingly, you should ensure that you understand the precise Terms and Conditions applicable to you order, before placing your order.
We will confirm receipt of your order as soon as possible by email, to the email address that you have provided to us. Please make sure that the email address that you have provided is correct and accurate and that your email mailbox is in proper working order, as all correspondence regarding your order is sent to the email address provided. Please remember to check your spam or junk mailbox as emails can often be misdirected by your spam filters. Sweet Genie accepts no liability for any loss incurred as a result of non-receipt of e-mail messages by a customer.
Our acceptance of your order will take place upon the dispatch of the product(s) ordered and at this point the contract to supply between the customer and Sweet Genie will be made. We will supply the product(s) to you in accordance with these Terms and Conditions.
Pricing and Availability
All products ordered are subject to availability. Whilst all endeavours are made to ensure the stock shown as available on the website is true and accurate, some stock in our distribution centre may be damaged or short dated. For this reason, we cannot be held responsible if all or part of your order is unable to be fulfilled, due to any errors in the stock shown as available on the website.
Prices quoted on the website may vary time to time and are liable to change without prior notice. Any price changes will not affect orders that have been passed through the website check-out and/or paid for. However, if you have items in your basket and have not checked out, the prices will be updated as you complete the check-out process.
Despite our best efforts, some products on our website may be incorrectly priced (either due to human or technical error). In the event of any obvious pricing errors, we reserve the right to cancel an order prior to dispatch and refund any monies paid to us. Please note that display prices are not contractual prices, there is no contract to supply until the an order has been dispatched.
The prices shown will be including any applicable local taxes and VAT.
Payment
Payment must be received in full before your order will be dispatched.
The title and ownership of the product(s) shall not pass to the customer until such time as you have paid in cleared funds to our bank account (or any subsidiary holding account such as PayPal), payment in respect of all sums which are outstanding on your account. Until such time, you shall store the product(s) in such a way that they are clearly the property of Sweet Genie. You shall not destroy, deface or obscure any identifying mark or packaging on or relating to the goods until such time that the ownership has passed to you. Notwithstanding this, you are entitled to sell and deliver the product(s) to a third party within the normal framework of your business, the proceeds of such sale being held in trust for us.
Dispatch
We will always endeavour to dispatch on the same working day any order that has been placed and paid for before 2pm Monday to Friday. However, we cannot always guarantee this. Sweet Genie accepts no liability for any loss or consequential loss suffered by the customer as a result of any failure to dispatch goods within the timeframe specified on the website.
Any order placed and paid for after the relevant cut-off time Monday to Friday will be dispatched on the next working day. Orders placed and paid for on Saturday and Sunday will be dispatched on the following Monday.
Delivery
Delivery will be made to the address provided during the check-out process. Please ensure that you have entered your address correctly. We cannot accept any liability for mis-delivery or re-delivery if the delivery address entered on the order is incorrect. Once your order leaves us we are unable to change address information or redirect orders without incurring charges which you will need to cover. If we cannot contact you to verify delivery details due to an invalid email address and/or telephone number being given we reserve the right to cancel the order.
You must ensure that your delivery address is easily accessible and that someone is available to accept and sign for the delivery. If no one is available to accept and sign for the delivery, a re-delivery charge may be incurred for which the customer will be liable. If your order is returned to us because the recipient has failed to respond after Royal Mail or a courier has attempted delivery and notified them, you will be required to cover the cost of resending the order should you wish to do so.
The delivery transit times specified at the point of checkout are calculated from the point of dispatch. For example; a 24hr order dispatched on Monday should be delivered on Tuesday, a 48hr order dispatched on Monday should be delivered on Wednesday. The delivery days are Monday to Friday as standard, during working hours. Therefore, a 24hr order dispatched on Friday should be delivered on Monday and a 48hr order dispatched on Friday should be delivered on Tuesday. Please note that these delivery times are only guidelines and not guarantees. Deliveries are performed by one of our delivery partners, the actual delivery date is outside of our control. Therefore, we cannot guarantee a delivery date and we accept no liability if the delivery extends beyond the specified timeframe. In the event of delayed delivery or lost parcel, all reasonable efforts will be made by Sweet Genie to contact the relevant delivery partner to track the parcel but you accept that once your order is passed on to the courier/delivery partner that all liability is passed on to the courier/ delivery partner and not with Sweet Genie. No refunds, either full or partial, will be made by Sweet Genie to you until we have conducted a full investigation and have come to a reasonable conclusion.
Best Before Dates and Product Condition
Due to the time it takes for products to be imported to the UK from overseas, there are certain products that may have shorter best before dates than others. We sell with the intention of the customer consuming a product upon receipt, or within 30 days of receipt. You accept that products you receive may have a best before date that is no less than 30 days away from date of receipt. If you are buying products to keep for a specific occasion or date in the future, then we recommend contacting us before purchasing to ensure that you receive products with sufficient best before dates. Please note that we may also sell products that have exceeded their best before date, however these will always be marked in the title of the product.
Upon receipt, to ensure your sweets remain in the good condition, store them in a cool, dry place. We don’t manufacture any sweets ourselves, therefore if you have a quality issue with a sweet we will require it to be returned before we can offer any recompense and to enable us to investigate fully. Please do not discard your sweets or any of the packaging if you wish to flag a quality issue.
We have strict hygiene measures in place and our staff members wear all appropriate PPE when handling products. We cannot be held accountable for traces of foreign substances or objects found in our products as we are not the original manufacturers and this could have happened during the production of the sweets. This is only a guide and is placed in these terms in the rare event that this problem was ever to occur.
Risk
The risk on all products shall pass to you upon delivery.
Liability
If we fail to comply with these terms and conditions then we are responsible for any loss and or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by for the products order. Our maximum liability is limited to the total cost of your order. We are not however responsible for any loss or damage that is not foreseeable. Loss and/or damage is foreseeable if it was an obvious consequence of our breach or it was contemplated and visibly communicated by you to us at the time you placed the order.
Termination
We reserve the right to terminate your account at any time and restrict access to the website, if there is a risk of loss or liability to us or if there is a reasonable reason for doing so.
If we terminate your account we will refund in full any orders that have not yet been dispatched.
Notices
Any written notices required by these terms and conditions must be sent to either [email protected] or Sweet Genie Ltd, Unit 16-17 Brooke Industrial Park, Norwich Road, Brooke, Norfolk NR15 1HJ.
Events out of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside of our reasonable control, including but not limited to: any act, event, non-happening, omission or accident beyond our reasonable control, examples including;
- Strikes, lock-outs or other industrial action
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- Impossibility of the use of public or private telecommunications networks
- The acts, decrees, legislation, regulations or restrictions of any government
- Non-performance by suppliers or subcontractors
Errors or Omissions
Any information displayed on this website regarding the products we offer for sale, including, but not limited to; product descriptions, images, sizes, weights, ingredients, nutritional information, and the like, are provided for your convenience only. We cannot be held responsible for any inaccuracies within this information provided and cannot guarantee it to be accurate.
The manufacturers of these products are liable to change or modify any of the above information, without notice, at any time. Whilst we will make all endeavours to ensure that the information displayed is, to the best of our knowledge, accurate, you must ensure that you carefully read product packaging, including ingredients, allergens and any health and safety warnings, before consumption.
3rd Party Websites
Where there are any links to a 3rd party website listed on this website, we do not vet these websites nor do we have any control over the contents. We cannot therefore accept any liability in respect of the use of those 3rd party websites.
Waiver
If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from your compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by email or recorded letter.
Severability
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These terms and conditions and any document referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us, prior to such contract, except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
We reserve the right to revise and amend these terms and conditions at any time and without notice. Any changes made to these terms and conditions will be updated on this page. You will be subject to the terms and conditions that were applicable at the time of your order, unless any of the changes are required by law.
Third party rights
No-one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions
Copyright
The content of this website is owned by Sweet Genie. This material includes, but is not limited to, photos, images, layout, graphics, look and appearance. The content and this website is protected by copyright, trademarks, database and any other intellectual property rights and any such rights remain vested in Sweet Genie. You can only use this site for your own personal, non-commercial use, in order to place orders through the website.
You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from this website. You may not use this website or its content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy any account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent from us. Any unauthorised use terminates any permissions granted.
Complaints
Any comments and or complaints on or about our website shall be sent to [email protected]
Password and security
At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We cannot be held liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Law and Jurisdiction
These terms and conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.