Refund policy

STANDARD CONDITIONS OF CONTRACT FOR THE SALE OF GOODS

Issued: 29 August 2024

1. APPLICATION OF CONDITIONS OF SALE

These terms and conditions ("Conditions") apply exclusively to all contracts for the sale of goods ("Goods") concluded by Aromantic Ltd (the "Company") with business customers ("Customer"). These Conditions prevail over any terms or conditions that the Customer may seek to impose, and no variation shall be binding unless agreed in writing by the Company.

2. PRICE

The price of the Goods shall be the Company's quoted price or, if no price has been quoted, the price listed in the Company's published price list at the date of acceptance of the order. The Company reserves the right to adjust the price to reflect any increases in costs beyond its control, such as fluctuations in foreign exchange rates, changes in duties or freight rates, or increased costs of materials, provided that the Company notifies the Customer of such changes before the Goods are dispatched.

3. PAYMENT

Unless otherwise agreed in writing, payment for the Goods is required before the order is shipped. Once the Customer accepts a proposal from the Company, payment can be made securely through our website. The Company shall invoice the Customer for the price of the Goods upon or after delivery if special terms are agreed. Payment is due within [30 days] of the invoice date unless otherwise agreed in writing.

If the Customer fails to make any payment on the due date, the Company may, without prejudice to any other rights, take the following actions:

  • (a) Cancel the order or suspend any further deliveries to the Customer;
  • (b) Allocate any payment made by the Customer to any other outstanding invoice as the Company sees fit; and
  • (c) Charge the Customer interest on the overdue amount at a rate of 4% per annum above the NatWest Bank Base Rate until full payment is made.

4. DELIVERY PERIOD

  • (a) Delivery of the Goods shall occur when the Customer collects the Goods or 14 days after the Company notifies the Customer that the Goods are ready for collection, whichever comes first. Any delivery dates provided by the Company are approximate, and time is not of the essence. If the Company fails to deliver the Goods, its liability shall be limited to the excess cost incurred by the Customer in purchasing similar goods from an alternative source, over and above the price of the Goods.
  • (b) If the Customer fails to take delivery of the Goods, the Company may:
    1. Store the Goods at the Customer's expense, including costs for insurance;
    2. Sell the Goods at the best price obtainable and, after deducting reasonable storage and selling costs, credit the Customer with any excess or charge the Customer for any shortfall; or
    3. Ship the Goods to the Customer and invoice accordingly.

5. PASSING OF RISK

Unless otherwise specified, risk in the Goods passes to the Customer upon delivery or collection. The Customer must report any damage to the Goods within 24 hours of delivery or refuse delivery if the Goods are visibly damaged. The Company accepts no liability for damaged Goods that have been signed for as "received in good condition."

6. TIME OF DELIVERY & WEIGHT

Delivery weights and times are approximate. For bulk deliveries, the Company reserves the right to deliver up to 10% more or less than the quantity ordered, without adjustment to the price. Claims for weight discrepancies must be made in writing within seven working days of delivery.

7. SALE AGAINST SAMPLE

When Goods are sold by sample, the sample is intended to represent only the general characteristics of the Goods. Minor variations in color, texture, or other properties should be expected.

8. INFORMATION & ADVICE

Any advice provided by the Company is for general guidance only and is given without obligation. The Company excludes liability for any advice given verbally or in writing, and the Customer is responsible for determining the suitability of the Goods for their intended use.

9. WARRANTY

Except as expressly provided in these Conditions, and except where the Customer is a consumer within the meaning of the Unfair Contract Terms Act 1977, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Company shall not be liable for any defects arising from:

  • (a) Drawings, designs, or specifications provided by the Customer;
  • (b) Fair wear and tear, willful damage, negligence, abnormal working conditions, or failure to follow the Company’s instructions;
  • (c) Any warranty claims if the full price of the Goods has not been paid by the due date.

For parts or materials not manufactured by the Company, the Customer shall be entitled only to the benefit of any warranty or guarantee given by the manufacturer to the Company.

The Customer must notify the Company of any defect in the quality or condition of the Goods within seven working days of delivery. If the Customer does not notify within this period, or if the delivery is not refused and the Goods are signed for as "unchecked," the Customer cannot reject the Goods, and the Company shall have no liability. If a valid claim is made, the Company may replace the Goods or refund a proportionate part of the price, but shall have no further liability.

Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable for any consequential loss or damage (including loss of profit), costs, or other claims arising from the supply, use, or resale of the Goods.

10. RETENTION OF TITLE

Until payment in full is made:

  • (a) Notwithstanding delivery and the passing of risk, ownership of the Goods shall remain with the Company until payment in full has been received in cash or cleared funds for the price of the Goods and all other goods sold by the Company to the Customer for which payment is due.
  • (b) The Customer must store the Goods separately, keep them properly insured, and identify them as the Company’s property.
  • (c) The Company may require the Customer to return the Goods and, if the Customer fails to do so, may enter the Customer’s premises to repossess them.
  • (d) If the Goods are processed or mixed with other items, the resultant product shall be the property of the Company in proportion to the cost of the original Goods.
  • (e) The Customer may sell the Goods in the ordinary course of business, but must hold the proceeds of sale (up to the amount owed to the Company) in trust for the Company.

11. FORCE MAJEURE

The Company shall not be liable for any delay or failure to deliver the Goods due to events beyond its reasonable control, including but not limited to war, civil unrest, natural disasters, government actions, strikes, or other force majeure events. The Company may cancel or delay deliveries affected by such events, and deliveries not canceled will be delayed until the event ceases.

12. PACKAGING MATERIALS

Containers, pallets, and other packaging materials are non-returnable unless otherwise agreed by the Company. The Customer is liable for any damage to such materials, and if not returned within 90 days of delivery, the Customer must pay the replacement cost.

13. RETURNS POLICY

  • (a) Returns Authorization: All returns must be authorized by the Company in writing before being shipped back by the Customer. Unauthorized returns will not be accepted.

  • (b) Return Conditions: Goods may only be returned if they are defective, damaged, or not as described in the contract. The Company will not accept returns for any other reasons unless otherwise agreed in writing. Goods must be returned in their original packaging, unused, and in the same condition in which they were delivered.

  • (c) Notification: The Customer must notify the Company of any defects or issues within seven working days of receiving the Goods. If the Goods are not as described, the Customer must provide evidence to support their claim.

  • (d) Return Procedure: Once a return is authorized, the Customer must return the Goods to the Company at the Customer's expense, unless the Goods are found to be defective or not as described, in which case the Company will bear the reasonable cost of return shipping.

  • (e) Refunds and Replacements: If the Company agrees that the Goods are defective or not as described, the Company will either replace the Goods or provide a refund at its discretion. Refunds will be processed within [14 days] of receiving the returned Goods.

  • (f) Non-Returnable Goods: The following Goods are not eligible for return: [custom-made items, perishable goods, digital downloads, etc.]. Any exceptions to this policy must be agreed upon in writing by the Company.

14. LAW APPLICABLE & JURISDICTION

These Conditions and the contract they form part of shall be governed by and construed in accordance with the laws of England. Any dispute shall be subject to the non-exclusive jurisdiction of the Courts of England.