Terms and 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. Following verbal or written confirmation of an Order, the Company shall confirm the Order and details which will be specified to the Buyer via e-mail. This will confirm the details for the order including quantity, price and contents within the Smile Box in accordance with the agreements made between the Company and the Buyer.

1. Orders, Price and Payment 

1.2 In the event of any errors or discrepancies, the Buyer must notify the Company immediately so that this can be rectified and corrected.

1.3 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.

1.4 Once the order has been confirmed 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 and delivery charges.

1.5 For orders 8 weeks or further away, 50% Deposit payment is due no later than 7 days after the Order is placed. The remaining 50% is payable at point of order for your products. These Due Dates will be confirmed verbally or in writing. If the delivery of your order is required in less than 8 weeks, then the full payment is required at the point of order so that items can be purchased for your Smile Boxes to prevent delay in despatch.

1.6 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 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. In the event that branded items have already been purchased, you will be billed for these.

1.7 All payments should be made by bank transfer via your finance department. It may be possible to make a payment by card, but this will attract an additional processing fee which is typically around 3%.

2. Goods and Delivery

2.1 The description and quantity of the Goods to be sold (“the Goods”) shall be as set out in writing by the Company to the Buyer (“the Order”).

2.2 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.

2.3 The Company shall deliver the Goods to the Buyer in accordance with the Delivery details specified and agreed on the Order Form.

2.4 Where it is agreed that the Company will send the Goods directly to recipients, the Company agrees to use a legitimate delivery partner, but any responsibility for safe delivery of the Goods lies with the delivery partner once in their possession and no compensation will be due for non-delivery of any items.

2.5 If the Company is sending the Goods directly to recipients it agrees to do so in line with the Smile Box GDPR Policy, a copy of which will be sent to the Buyer for review. This will include a Data Processing Agreement.

2.6 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.

3. General

3.1 Any testimonials and feedback provided by the Buyer or their employees may be used by the Company in their promotional materials, newsletters and on social media. They may also share photographs and imagery of your particular Smile Boxes but this will not identify any of your recipients personal data or confidential details.

3.2 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.

3.3 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.

3.4 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.

3.5 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