Chewigem
Shop

Terms & Conditions

The legal stuff

Company Details

Thank you for visiting Chewigem wholesale trade site. Please use this section for information about the terms and conditions that govern your use of the site. If you have any further questions, please contact or write to:

Jenny & Stuart McLaughlan (Directors)
Gemious Ltd
41A Highfield Place
Birkhill
Dundee
DD2 5PZ

or email help@gemious.co.uk

Key Points:

+ MIN ORDER VALUE £100 + VAT – this can be mixed with any number of any style and colour until you get this total.

+Postage is free, but we may charge a small handling fee

+ You can only sell within the UK due to our contracts with distributors in other countries – unless otherwise agreed in writing.

+ As of 2015 we are not accepting any more sellers on Amazon or eBay but will review this from time to time.

+ We completely understand the multiple platform ecommerce world we all live in. But we do ask that all our resellers use restraint on platforms and that aggressive price undercutting undermines the success of all of us.  Our RRP’s can be found on our website + +www.chewigem.co.uk website and exclude postage.

+You must display our name CHEWIGEM against all of our products when selling and include our safety warnings at the point of sale on your selling platform:

++ Warning – not suitable for children under 36 months due to long cord – strangulation hazard ++ Clasp is NOT for chewing (small part choking hazard) if you think your child will chew the clasp, then this product is not suitable.??It is hard to accurately rate how durable they will be due to the huge variance across the spectrum. No two ‘chewers’ are the same. There is a chance our products will not be suitable. Nothing is indestructible and they will damage in time, how quickly is difficult to say, but it will be faster for more aggressive chewers.

Please ensure these are used under adult supervision and removed from use as soon as damage appears.

Gemious Ltd
Terms and Conditions for Trade

Gemious Ltd (hereafter the “Company”) is a sales company incorporated and registered under the Scottish Laws with registration number  SCO 441656. The Company is legally authorised to provide the services provided herein within the confines of these trading terms and conditions (hereafter the “Agreement”).

The domain name www.wholesale.chewigem.co.uk  (hereafter the main “trade website”) is owned by the Company. The company may also register and operate other websites mainly for promotional and marketing purposes in languages other than English.

The customers should always refer to the legal documentation posted on the main website of the Company for all information and disclosures about the Company and its activities. The relationship between the customer and the company shall be governed by this agreement. As this agreement between the customer and the company is a distance contract, no signing agreement is required with the exception of certain circumstances but it remains to state that the Agreement has the same judicial powers and rights as one held by a regular signed contract.Customer shall be deemed to have read and irrevocably and unconditionally agreed the Terms and the Privacy Agreement which is posted on the Website before placing any Order and/or entering into any Contract with Supplier. Customer acknowledges and agrees that these Terms may be amended from time to time and Customer shall be subject to these Terms as updated as of the relevant time of Customer entering into a Contract. Customer can access to the updated version of these Terms on the Website. Any amendment or changes to the Terms or the Privacy Agreement shall be effective immediately upon posting on the Website.

The Terms and Conditions provided herein shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom and practice. The Vendor reserves the right to amend or update the current Terms and Conditions. Any such changes will take effect when posted on the website.

1. DEFINITIONS

With regards to this Agreement, the following words and terminologies shall have the following meanings unless the context otherwise requires:-

1.1 Contract means the legally binding Agreement between the Seller and Customer created when an Order placed by the Customer is accepted by the Seller in accordance with the Terms provided herein, including but not limited to any subscription agreement or contract signed or entered into through the Website by Customer in respect of any Order.

1.2 Customer means any person, firm, company or unincorporated association which orders, buys or licenses Goods from the seller.
1.3 Customer Services means the customer services department at Gemious Ltd, 41A Highfield Place, Birkhill, Dundee, DD2 5PZ, contactable at pippa@gemious.co.uk

1.4 Delivery Charges means all charges payable by a Customer for delivery and handling of Goods.

1.5 Order means any order placed by Customer either through the Website, in writing or by other means for supply of Goods by Seller to Customer (including a Standing Order).

1.6 Payment Due Date means the date shown on Seller’s invoice as the due date for payment of the Goods.

1.7 Print Subscription Product means any Goods which are ordered and paid by Customer to Supplier by way of “Annual Subscription”; “Anytime Start Subscription “and/or “Charge by Release Service”.

1.8 Service means any service (including but not limited to online, information, advisory, consultancy, conference, seminars, training or other services) supplied by Seller or any other service provider through Seller which is the subject of a Contract.

1.9 Seller means Gemious Ltd, 41A Highfield Place, Birkhill, Dundee, DD2 5PZ

1.10 Total Price means the aggregate amount to be paid by Customer to Seller for Goods as specified on the Seller’s invoice or the confirmation note given to Customer through the Website if such purchase is made through the Website which constitutes the Price (exclusive of any applicable value added tax) less any agreed discounts, plus Delivery Charges and any other agreed charges.

1.11 Website means the website www.wholesale.chewigem.co.uk. as may be amended from time to time.

1.12 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller

1.13 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller

1.14 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered

1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller

1.5 ‘Price’ means the price of the Goods excluding carriage, packing, insurance & VAT

2. Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

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

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

2.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Price and Payment

3.1 The Price shall be the Seller’s quoted price. The Price is exclusive of VAT, where applicable, which shall be due at the rate ruling on the date of the Seller’s invoice.

3.2 Payment of the Price shall be due prior to dispatch unless otherwise approved for an 14 day account. And thereafter within 14 days of the date of the invoice. Time for payment shall be of the essence. Should an invoice become overdue, all orders will be put on hold, and all future orders must be paid against Pro Forma invoices. Invoices will be sent via PayPal or email,(depending on the buyers preference) unless otherwise requested and goods shipped on receipt of that payment

3.3 Interest on overdue invoices shall accrue from the date when the payment becomes due from day to day until the date of payment at a rate of 8% above Alliance & Leicester Commercial Bank Plc.’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

3.4 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Buyer may have or allege to have or for any reason whatever.

3.5 The Customer must settle all accounts in accordance with all agreed terms, in the event of Customer account being in arrears, we reserve the right to withhold further deliveries.

3.6 For dishonoured cheques, customer’s terms will change to ‘Notes Only” and the credit facilities will be placed on hold until cleared funds are received in full to settle the outstanding balance of the account.

3.7 For Credit Account Customer any non or late payment, will be considered as a breach of the agreed terms, could render Credit Terms null and void, further credit facilities will be put on hold, and the Seller reserves the right to start legal proceedings to recover any outstanding amount without any prior notice and reserves the right to exchange information with Credit Agencies.

4. The Goods

4.1 The Goods shall be supplied in accordance with the description contained in the Seller’s specification.

4.2 The buyer must include our brand name and descriptions in all digital and printed material they use for advertising or sale of the goods.

4.3 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

4.4 Any contractual description of the Goods by the Seller relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient in their identity.

4.5 All goods sold in retail packaging may be resold by the Buyer only in the packaging supplied by the Seller and in no case may any trade mark other than those applied by the Seller be marked on or applied in relation to the Goods.

4.6 The Seller reserves the right to discontinue any product lines or designs.

5. Warranties and Liability

The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

6. Delivery of the Goods

6. I Delivery of the Goods shall be made to the Buyer’s address.

6.2 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or not at all.

6.3 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within three [3] months of the Delivery Date.

6.4 The Buyer must notify the Seller of any loss or damage to the Goods within 7 days of receipt and the Goods must be held for inspection to enable a claim to be made on the carrier. The Buyer shall immediately notify the Seller if the Goods are not received within [7] days of the date of the invoice.

6.5 The Seller upon receiving notice of any loss or damage to the Goods in transit from the Buyer shall repair or replace free of charge Goods damaged or lost

7. Acceptance of the Goods

7.1 The Buyer shall be deemed to have accepted the Goods in whichever condition they are in if no communication is made to the seller within [24 hours] after delivery to the Buyer.

8. Title and Risk

8.1 The Goods shall be at the Buyer’s risk as from delivery

8.2 In spite of delivery having been made property in the Goods shall not pass from the Seller until:

8.2.1 the Buyer shall have paid the Price in full

8.2.2 no other sums whatever shall be due from the Buyer to the Seller

9. Remedies

9.1 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

9.2 The Seller shall not be liable to the Buyer for late delivery or short
delivery of the Goods.

9.3 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

10. Packaging & Sale Requirements

All Goods sold may be resold by the Buyer only in the packaging supplied by the Seller and must include the Seller’s instruction note. Buyers must not sell on to other third party trades people and only to public consumers.

Re-sale in USA, Canada, Australia and the Netherlands is not permitted due to exclusive distribution agreements in those countries.

11. Intellectual Property

The specifications and designs of the Goods (including copyright, trademarks and design right or other intellectual property in them) shall as between the parties be the property of the Seller. Any intellectual property created from feedback, suggestions or recommendations made by any third party is immediately vested in the Supplier.

12. Proper Law of Contract

This contract is subject to the law of Scotland, the parties shall be subject to the exclusive jurisdiction of the Courts of Scotland. This includes any Arbitration

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