Terms and Conditions
TERMS AND CONDITIONS OF SALE (TRADE CUSTOMERS ONLY)
1. ABOUT US
1.1 Company Details
Forever England Limited (company number 04438774) (referred to as "we" or "us") is a company registered in England and Wales. Our registered office is at 35 Chequers Court, Brown Street, Salisbury, Wiltshire, SP1 2AS. Our VAT number is 744574707.
1.2 Contacting Us
To get in touch, call our team on 01935 811970 or email us at trade@foreverengland.com. For formal notices under the Contract, please refer to clause 18 for details on how to notify us.
2. OUR CONTRACT WITH YOU
2.1 Our Contract
These Terms apply to any order you place and the supply of goods by us to you ("Contract"). These Terms are intended for trade customers only ("Trade Customers," "you," or "your"). All goods provided are to be sold in your designated retail outlet, as outlined in your Trade Account Application Form or agreed with us in writing. No additional terms will apply unless expressly agreed in writing.
2.2 Your Copy
Please ensure you print a copy of these Terms or save them for your future reference.
2.3 Trade Marks
The following trademarks are registered to us:
And any future trademarks we may file for protection.
2.4 Intellectual Property
We retain all intellectual property rights in relation to our products, including but not limited to patents, copyrights, trademarks, business names, domain names, designs, and any confidential information, whether registered or unregistered.
3. TRADE ACCOUNT
3.1 Registering as a Trade Customer
To become a registered Trade Customer, please complete the Trade Account Application Form. Your application will be subject to approval and to these Terms. We reserve the right to reject any application that we feel is not a genuine trade inquiry.
3.2 Supplying to Trade Customers
We supply only to Trade Customers who have a valid and approved trade account with us, as per the requirements set out in clause 3.1.
3.3 Breach of Obligations
If you breach any obligations under clause 6 below, we may close your trade account and cease supplying goods without notice.
4. PLACING AN ORDER AND ACCEPTANCE
4.1 Placing Your Order
You can place your order through your Trade Account or via the methods outlined on our Trade Enquiries page. Each order you place is an offer to buy the goods (the "Goods") specified in that order, subject to these Terms.
4.2 Correcting Input Errors
Before submitting your order, you can review and amend any errors in the details you’ve entered. It is your responsibility to ensure that the order is accurate and complete before confirming it.
4.3 Acknowledging Receipt of Your Order
Once you place an order, you will receive an email confirming that we have received it. However, please note that this is just an acknowledgment and does not mean we have accepted your order.
4.4 Accepting Your Order
We will accept your order once we send you an email confirming the acceptance. At this point, the Contract between us is finalised.
4.5 If We Cannot Accept Your Order
If we are unable to supply the goods for any reason, we will let you know by email, and the order will not be processed. If you have already paid, we will refund you in full, including any delivery costs, as soon as possible.
5. OUR GOODS
5.1 Product Images
The images of the Goods on our website are for illustrative purposes only. We’ve made every effort to display the colours accurately, but we can’t guarantee that the colours you see on your screen will exactly match the colours of the Goods. The actual colour may vary slightly from what you see. Additionally, the packaging of the Goods may also vary from the images shown online.
5.2 Amendments to Goods
We reserve the right to change the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.3 Ownership of Intellectual Property
We own the intellectual property rights in all Goods, including any trademarks we’ve listed here, and will continue to do so.
6. YOUR OBLIGATIONS AS A TRADE CUSTOMER
6.1 Retail Use Only
The Goods you purchase are for resale only in your own retail store. You may not sell or transfer the Goods to a third party (whether an individual or another business) for resale, unless we’ve agreed otherwise in writing.
6.2 Retail Location
The Goods must only be sold from the Trading Address (your retail location) that’s been registered with your Trade Account, unless otherwise agreed with us in writing. We may inspect your premises during your regular opening hours to ensure compliance with these Terms.
6.3 Online Marketplaces
You may not sell, advertise, or promote the Goods through online marketplaces such as Etsy, eBay, Amazon, or any similar platforms, without our express written consent.
6.4 Use of Our Trade Marks
You may only use our Trade Marks for the purpose of promoting and selling the Goods. You must not use "Forever England" in any domain name to promote or sell the Goods.
6.5 No Alterations or Rebranding
You may not alter, re-package, or re-brand the Goods in any way. You are prohibited from renaming any of our products, or from removing, defacing, or altering any identifying marks, labels, or packaging associated with the Goods.
6.6 Storage of Goods
You must store the Goods in a way that ensures they are kept in satisfactory condition.
6.7 Returning Unsold Goods
If we request, you must return any unsold Goods that are in your possession. If you fail to do so, we have the right to enter your premises or those of any third party to recover the Goods.
6.8 No Unauthorised Representations
Your employees, officers, or representatives are not authorised to make any representations about the Goods unless explicitly approved by us in writing.
6.9 Upon Termination
If the Contract is terminated (see clause 17), you are no longer authorised to resell or use the Goods in the course of your business.
7. YOUR RIGHT TO MAKE CHANGES
If you need to change your order after it’s been placed, please contact us using the details provided in clause 1.2. If the change is possible, we’ll inform you of any adjustments needed in price, delivery timing, or any other impact. You’ll then have the option to confirm or cancel the change. If we can’t make the change, or if the result is unacceptable to you, you can choose to end the contract as described in clause 10.
8. OUR RIGHTS TO MAKE CHANGES
8.1 Minor Changes to Products
We may change the product to:
These changes will not affect your use of the product.
8.2 Significant Changes to Products or Terms
We may make significant changes to the products or these Terms. If we do, we’ll notify you and you can choose to end the contract before the changes take effect. You’ll be entitled to a refund for any products paid for but not yet received.
9. PROVIDING THE PRODUCTS
9.1 Delivery Costs
The costs of delivery will be shown on our website's Delivery Page when you place your order.
9.2 Delivery Timescale
Unless otherwise agreed in writing, we will deliver the Goods to the Trading Address you’ve provided within the timescale specified when we process your order.
9.3 Delivery Timing
During the order process, we will inform you of the expected delivery date.
9.4 Delays Beyond Our Control
If delivery is delayed due to events outside of our control, we will notify you as soon as possible and make reasonable efforts to minimise the impact. We won’t be held liable for delays caused by such events, but if the delay is substantial, you can choose to end the contract and receive a refund for any products you’ve paid for but not yet received.
9.5 Unavailable Delivery
If there is no one available to accept delivery, and the products can’t be left securely (e.g., in a letterbox), you must arrange a redelivery with the delivery provider.
9.6 Failure to Arrange Re-Delivery or Collection
If you don’t arrange for redelivery or collection, the products in some instance, may not be redirected and returned to us and could be destroyed. No refund will be issued in such cases if the products are not collected or a redelivery is not arranged.
9.7 Responsibility for Goods
Once the goods are delivered to the address you provided, they become your responsibility.
9.8 Ownership of Goods
Ownership of the Goods will transfer to you once we’ve received full payment.
9.9 Reasons for Suspending Product Supply
We may suspend the supply of Goods due to:
We will notify you in advance unless the issue is urgent.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 When You Can End the Contract
Your right to end the contract depends on the goods you’ve purchased, whether they’re faulty, and when you decide to end the contract:
10.2 Ending the Contract Because of Something We’ve Done
You can end the contract immediately if:
In these cases, we’ll refund you in full for any unfulfilled orders.
10.3 When You Don’t Have the Right to Change Your Mind
You can’t change your mind about products that have been sealed for hygiene or health reasons once they’ve been unsealed.
10.4 How Long Do You Have to Change Your Mind?
You have 14 days from receiving the goods (or the final delivery, if applicable) to change your mind. Some goods are non-returnable if they’ve been unsealed.
10.5 Ending the Contract When We’re Not at Fault
Even if we’re not at fault and you don’t have the right to change your mind, you can still end the contract before the goods are delivered. If the goods haven’t been provided, we’ll refund any payments made for products not supplied.
11. HOW TO END THE CONTRACT
11.1 Notifying Us
To end the contract, please notify us using the contact details in clause 1.2.
11.2 Returning Products
If you’ve received the products and wish to end the contract, you’ll need to return them to us. Contact us to arrange the return and send the goods back as per the details in clause 1.2.
11.3 Return Costs
We will pay the return costs if the products are faulty or misdescribed. In all other cases (including changing your mind), you’ll be responsible for return postage.
11.4 Refund Process
We’ll refund you for the price you paid for the products, including delivery, using the same payment method you used. However, we may make some deductions if the goods have been handled in an unacceptable way.
11.5 Refund Deductions
We may reduce your refund if the goods have been handled in a way that would not be acceptable in a shop. For delivery refunds, we’ll only refund the cost of the cheapest delivery option.
11.6 Refund Timing
Refunds will be processed within 14 days of receiving the returned goods, or the day we receive evidence that you’ve returned the goods.
12. OUR RIGHTS TO END THE CONTRACT
12.1 Ending the Contract Due to Your Breach
We may end the contract at any time by writing to you if you don’t make a payment when due.
12.2 Compensation for Breach
If we end the contract due to your breach, we will refund any advance payments for products not provided. However, we may deduct or charge reasonable compensation for the net costs we incur due to the breach.
12.3 Product Withdrawal
We may stop providing a product at any time by informing you with at least 24 hours' notice. We will refund any advance payments for products we haven’t supplied.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 Reporting Problems
If you have any questions or complaints about the product, please contact us using the details provided in clause 1.2.
13.2 Summary of Your Legal Rights
We are required by law to supply products that meet the standards of this contract. These Terms do not affect your statutory rights. For more information, you can visit www.citizensadvice.org.uk.
14. PRICE AND PAYMENT
14.1 Pricing Information
The price quoted on product pages excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery. We make every effort to ensure the price is accurate, but please refer to clause 14.4 for what happens if we discover an error in the price of the goods.
14.2 Recommended Retail Price
We set a recommended retail price (RRP) for the goods. You must sell the goods at or above the RRP unless we provide specific permission to sell at a different price.
14.3 VAT Changes
If the VAT rate changes between the time you place your order and the time we supply the goods, we will adjust the VAT charged accordingly, unless payment has already been made in full.
14.4 Pricing Errors
If we make a pricing error, we will inform you before processing your order. If the correct price is higher than the price displayed, we will ask for your instructions. If the error is obvious, we may cancel the order and issue a refund.
14.5 Payment Terms
Payment for goods and any related delivery charges must always be made in advance unless you have an approved credit account with us. During the order process, you will be prompted to pay via PayPal, debit, or credit card. Please note that a PayPal account is not required.
If you have an approved credit account, payment is due no later than 30-days from the invoice date, unless we’ve agreed to a different arrangement in writing.
If you fail to make full payment on the due date:
If you have an approved credit account, we may withdraw the credit, reduce your credit limit, or bring forward your payment due date at any time without prior notice.
You do not have the right to set off any money you claim from us against any amounts you owe us. Any outstanding payments must be settled in full, regardless of other claims.
While you owe us money, we retain a lien over any of your property in our possession.
You agree to indemnify us in full and hold us harmless from any expenses or liabilities we may incur (including legal costs on a full indemnity basis) due to your breach of any of the obligations under these Terms.
Title to the Goods will only pass to you once we’ve received full payment. Until then, if goods have been supplied to you on credit terms, the goods remain our property. In this case:
If your right to use and sell the goods ends, you must allow us to remove the goods from your premises.
Despite our retention
of title, we have the right to take legal action to recover the price of any goods supplied if you fail to make payment by the due date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 Foreseeable Loss or Damage
We are responsible for any foreseeable loss or damage caused by us. However, we are not responsible for any loss that is not foreseeable. Loss is foreseeable if it’s obvious or both parties knew it might happen when the contract was made.
15.2 Limitation of Liability
We do not exclude or limit our liability for death or personal injury, fraud, or breach of your legal rights where unlawful to do so.
16. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
16.1 Liability Limitations
This clause applies to all liability arising under or in connection with the Contract, including liability in contract, tort (including negligence), misrepresentation, or otherwise.
16.2 Exclusions
Nothing in the Contract limits our liability for:
16.3 Exclusions of Certain Losses
We will not be liable for:
17. TERMINATION OF THE CONTRACT
17.1 Contract Termination Rights
We can terminate the contract with immediate effect by giving you written notice if:
17.2 Termination Doesn’t Affect Rights
Termination of the contract doesn’t affect the rights and remedies of either party that have accrued up to that point.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use your personal information only as set out in our Privacy Policy.
19. OTHER IMPORTANT TERMS
19.1 No Third-Party Rights
This contract is between you and us. No other person has the right to enforce its terms.
19.2 Legality
If any part of the contract is found to be illegal, the remaining parts will still apply.
19.3 Delays in Enforcement
If we delay in enforcing the contract, it doesn’t prevent us from doing so later.
19.4 Governing Law
These Terms are governed by English law. You can bring legal proceedings in the English courts, or the courts of Scotland or Northern Ireland, depending on your location.
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