Please read the below Ts and Cs carefully. All contracts that Manufacturer, hereby referred to as the ‘Manufacturer’, may enter into from time to time for the supply of products shall be governed by the Tc and Cs, and by ordering from the Manufacturer you accept these terms and conditions below.
1. Supply
1.2 If the parties agree that the Products shall be supplied by instalments, each instalment shall constitute part of this Agreement, and shall not be subject to a separate contract.
1.3 Estimated manufacturing or delivery timescales provided by Manufacturer are not guaranteed and Manufacturer is not obliged to offer a refund if these timeframes are not met.
1.4 The Manufacturer shall use reasonable endeavours to comply with reasonable requests by the Customer to postpone the delivery of the Products, providing that such postponements must not exceed 30 days and all outstanding invoices have been cleared previously.
1.5 All orders must be paid in full before the products are dispatched. Orders cancelled after payment has been made may not be eligible for a refund as all products are made to order. Under these circumstances, any refunds or exchanges will be at the discretion of Manufacturer.
2. Title
2.1 Legal and equitable title to the Products will pass from the Manufacturer to the Customer upon the later of:
(a) delivery of the Products; and
(b) receipt by the Manufacturer of all amounts due from the Customer under this Agreement or any other contract between the parties.
2.2 Until title to the Products has passed to the Customer, the Customer shall hold the Products as the fiduciary agent and bailee of the Manufacturer.
- Intellectual Property
3.1 Recipes and formulations provided to Manufacturer by the Customer remain fully owned by the Customer and will only be used by the Manufacturer to produce specific products for said Customer for the lifetime of the relationship.
3.2 Recipes and formulations created by Manufacturer for the Customer remain the sole property of Manufacturer until relevant invoices for said services are fully cleared at which point recipes and formulations become the property of the Customer. Recipe and formulation development services are not exclusive, unless agreed in writing, and Manufacturer reserves the right to create similar or identical recipes or formulation at the request of another Customer.
4. Warranties
4.1 The Manufacturer warrants to the Customer that:
(a) the Products correspond to any description of the Products supplied by the Manufacturer to the Customer;
(b) the Products are of satisfactory quality;
(c) the Products correspond to any sample of the Products supplied by the Manufacturer to the Customer, and will be free from any defect making their quality unsatisfactory, but which would not be apparent on reasonable examination of the sample; and
(d) the Products will comply with all laws, rules and regulations applicable to the marketing and sale of the Products in the United Kingdom and all standards agreed between the parties, and the Products will bear all mandatory marks and signs associated with such laws, rules, regulations and standards.
(e) The shelf life of each Product applies when products are stored in a cool, dark and dry environment. Manufacturer. cannot be held responsible for the deterioration of products stored in temperatures above 20 degrees Celsius or in direct sunlight. Due to the natural ingredients, our products are subject to bacterial growth and hence must be stored under appropriate conditions.
(f) Manufacturer reserves the right to discontinue working with any customer as it deems necessary, at any time, and without prior notice.
(g) Manufacturer reserves the right to discontinue any product or service without prior notice.
(h) Manufacturer waivers responsibility for any issues arising from filling bottles and jars which do not meet European cosmetic standards, or for adding additional ingredients and fragrances which may cause skin irritation or other adverse reactions.
(i) The customer is responsible for ensuring that any products manufactured by Manufacturer are suitable for the intended purpose and that the necessary product assessments have been carried before any product is sold under the customer’s own brand. Stability and/or lab report-based information is provided by Manufacturer as guidance only and Manufacturer does not assume any responsibility or liability for any use of its products.
5. Breach of warranty
5.1 If any Products do not comply with any warranty given by the Manufacturer under this Agreement, the Customer may, with the prior agreement of the Manufacturer, return those Products to the Manufacturer:
(a) replacement Products; or
(b) a credit note in respect of the Charges paid to the Manufacturer for such Products, to be offset against future purchases from the Manufacturer, providing that the original delivery costs for such Products, return costs, re-delivery costs and related costs shall be met by the customer.
5.2 Products returned under Paragraph 4.1 must be properly packed and returned to the premises of the Manufacturer within 14 Business Days following receipt of the Products by the Customer; and any Products returned in contravention of this Paragraph 4.2 will not be the subject of any refunds, credits or replacements and the Customer will continue to be liable for payment of any unpaid Charges in respect of such Products.
6. 3rdParty Recommendations and Partners
6.1 The Manufacturer maintains close relationships with businesses in the banking, insurance and payment processing sector which The CBD Group may recommend to clients for specific services. Manufacturer is not liable in any way for the outcome of 3rdparty relationships.