By landing on our website or entering through our new product development process as a Black Label Creations client, you agree to the following terms and conditions:

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Product Faulty / Damage Claims

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1.1 Advice of faultiness, damage, delay or partial loss of goods in manufacturing, transit or of non-delivery must be given in writing to Black Label Creations within 48 hours of delivery and any claim in respect thereof must be made in writing to Black Label Creations and the carrier within three clear days of delivery. All other claims must be made in writing to Black Label Creations within three days of delivery.

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1.2 Black Label Creations shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

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Intellectual Property

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2.1 Unless negotiated and agreed in writing, the copyrights of product formulations, recipes, general designs, product designs, concepts, artwork, commissioned artwork, illustrations, website design printed, fabricated or value engineered products and copy belong to Black Label Creations. The copyright of general designs, branding, logos, product designs, concepts & artwork belong to Black Label Creations until all invoices relating to the project are paid in full and the IP is agreed to be transferred over to the client upon the transaction. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these.

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Refundable Deposits

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3.1 Upon sign off of commercial indicative price during our product creation process, the client pays a refundable deposit to Black Label Creations for the product development services Black Label Creations provides. This refundable deposit is on a per product basis, and is only refundable off the first order of that particular product when the product has been paid for. This deposit is non refundable for any other reason.

 

Product & Public Liability

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4.1 Black Label Creations acting as an agent, or supply chain management service, who do not handle any of the materials during the order process, cannot be held liable to any issues that may arise during manufacturing of the raw materials involved and / or the manufacturing of the finished product.

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Payment Terms

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5.1 Payment is to made made via Bank Transfer only to Black Label Creations UK Bank account.

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5.2 Payment terms are agree upon prior to purchase and payment must be made in full by the dates agreed.

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5.3 Black Label Creations cannot, and will not be withheld any amount of payment by the client in the event of the product arriving faulty or damaged. Payment must still be made in full by the agreed payment terms on the invoice. Please refer to the Product Damage Claims terms if in the event of this happening.

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Rights to Refuse Sale

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6.1 At any point, Black Label Creations has the rights to refuse sale to a client for any reason.

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6.2 If an up front invoice for the sale of a product/ goods deposit has already been paid to Black Label Creations under the agreed payment terms with the client, Black Label Creations agrees to refund the deposit in full to the client including the VAT upon this refusal to the sale.

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6.2 This refund of the sale does not include the development deposit that is required to begin the development work on that particular product.

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Terms and Conditions For The Sale Of Goods & Services

 

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1.               Definitions

 

Buyer                        the company who buys or agrees to buy the goods or services from the Seller.

 

Conditions              the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

 

Goods                        the articles which the Buyer agrees to buy from the Seller.

 

Services                    the services which the Buyer agrees to buy from the Seller.

 

Price                          the price for the Goods or Services, excluding VAT and any carriage, packaging and insurance costs.

 

Seller                        means Black Label Creations Limited products, registered 47 Manor Way, Guildford, GU2 7RP.

 

2.               Conditions

 

2.1             These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods or Services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

 

2.2             All orders for Goods or Services shall be deemed to be an offer by the Buyer to purchase Goods or Services from the Seller pursuant to these Conditions.   

 

2.3             Acceptance of delivery of the Goods or Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

 

2.4             These Conditions may not be varied except by the written agreement of a director of the Seller. 

 

2.5             These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

 

3.               Price

 

                  The Price shall be the price quoted on the Seller’s order acknowledgement. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.

 

4.               Payment and Interest

 

4.1             Payment of the Price and VAT shall be due on the day goods are delivered or collected, unless otherwise stated on the Seller’s order acknowledgement or the Seller’s invoice.   

 

4.3             Interest on overdue invoices from 30 days overdue shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 4% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.

 

4.4             The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

 

4.5             Time for payment shall be of the essence of the contract.

 

5.               Goods

 

The quantity and description of the Goods or Services shall be as set out in the Seller’s order acknowledgement.

 

6.               Warranties

 

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.

 

7.               Delivery of the Goods

 

7.1             Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

 

7.2             The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

 

7.3             The Seller shall be permitted to deliver a quantity within ±15% of the order quantity and the Buyer shall accept this as completion of the contract, with the Sellers final invoice quantity and value adjusted accordingly. 

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7.4             The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

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7.5             If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

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8.               Acceptance of the Goods

 

8.1             The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.  

 

8.2             The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 48 hours working days of delivery of the Goods of any defects which a reasonable examination would have revealed. 

8.3             Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.  

 

9.               Title and risk

 

9.1             Risk shall pass on delivery of the Goods to the Buyer’s address.

 

9.2             Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

 

9.3             Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

 

9.4             The Seller may at any time before title passes and without any liability to the Buyer:

 

9.4.1         repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2         for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

 

9.5             The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

 

10.             Liability

 

10.1          The Seller shall not be liable for any consequential or other loss suffered by the purchaser arising out of defect in the goods.

 

10.2          The Seller’s total liability in law in relation to performance of the contract shall be limited to the Sales Contract price.

 

11.             Termination

 

• The Seller shall have the right to terminate the sales contract should the Buyer be in default of any of its obligations. On termination of contract, the buyer shall immediately pay all outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately.

 

12.             Force Majeure

 

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Purchaser shall be entitled to give notice in writing to the Company to terminate the  Contract.

 

 

12              English Law

 

The Seller’s sales contracts are issued under and subject to English Law. 

 

 

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Black Label Creations Limited: July 2017

Company Registered in England & Wales: 10877645

Registered Office: The Garden Room, 13-17 Esher Groves, Esher, KT10 8QS

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