Terms & Conditions

The following Terms and Conditions are between the Customer (hereafter referred to as “you” or “your”) and Sweet Merica (hereafter referred to as, “we”, “us” or “our”).

By submitting an order on sweetmerica.com you are agreeing to the terms and conditions that appear hereafter, which will apply to any purchases made throughout this website.

By agreeing to these terms and conditions you confirm that you are;

• A registered customer of this website


• Over 18 years of age


• Providing accurate and complete details

PRIVACY

The use of your personal information is covered by the Privacy Policy that is listed at the bottom of our website.

PURCHASE CONTRACT

All purchases made on this website are governed by these terms and conditions. The terms and conditions governing your purchase will be those in effect on the date of your purchase. We reserve the right, at our sole discretion, to amend these terms and conditions at any time. If you order goods after we have published any changes to the terms and conditions you will be bound by those changes. Accordingly, you should ensure that you understand the precise terms and conditions applicable to your order, before placing your order.

We will confirm receipt of your order as soon as possible by email, to the email address that you have provided to us. Please make sure that the email address that you have provided is correct and accurate and that your email mailbox is in proper working order, as all correspondence regarding your order is sent to the email address provided. Please remember to check your spam or junk mailbox as emails can often be misdirected by your spam filters.

Our acceptance of your order will take place upon the despatch of the product(s) ordered and at this point the contract will be made. We will supply the product(s) to you in accordance with these terms and conditions.

PRICING AND AVAILABILITY

All products ordered are subject to availability. Whilst all endeavours are made to ensure the stock available on the website is true and accurate, some stock in the warehouse may be damaged and or short dated. For this reason, we cannot be held responsible if all or part of your order is unable to be fulfilled, due to any errors in the stock shown as available on the website.

Prices quoted on the website may vary from time to time and are liable to change without prior notice. Any price changes will not affect orders that have been checked out and or paid for. However, if you have items in your basket and have not yet checked out, the prices will be updated as you complete the check-out process.

Despite our best efforts, some products on our website may be incorrectly priced (either due to human or technical error). In the event of any obvious pricing errors, we reserve the right to cancel an order before dispatch and refund any monies paid to us. The prices shown will be including VAT.

PAYMENT

Payment must be received before your order will be dispatched. For same day dispatch we require your payment before midday. We accept bank transfer and or payment by debit or credit card. If you are paying for your order via bank transfer, please send us remittance or confirmation to [email protected]. We cannot be held responsible for any delay in dispatching your order if you have failed to inform us that you have paid via bank transfer.

DELIVERY

Whilst we will always endeavor to dispatch on the same day, any orders placed and paid for before midday, we cannot always guarantee this. If you have placed and paid for your order before midday and we are unable to dispatch on the same day we will let you know as soon as possible.

Delivery will be made to the address provided during the check-out process. If your invoice and delivery addresses are different, please ensure that you select the “deliver to a different address” option. Please check to ensure that you have entered your address correctly. We cannot accept any liability for miss-delivery or re-delivery if the delivery address entered on the order is incorrect.

Deliveries will be made between the hours of 9am and 5pm. You must ensure that your delivery address is easily accessible and that someone is available to accept and sign for the delivery. If no one is available to accept and sign for the delivery, a re-delivery charge may be incurred.

If your package is visibly damaged upon arrival, please make a note of this where you are required to sign on the proof of delivery. No liability for damages and or discrepancies will be accepted if the proof of delivery is signed for as received in good condition or unchecked.

Any discrepancies with the order received must be notified to us in writing to [email protected] within 24hrs of receipt. No liability will be accepted for discrepancies notified any later than 24hrs after receipt.

Any products that are sensitive to heat and are ordered during the summer months are done so are your own risk. We cannot accept any liability for damage caused in transit due to warm weather.



All products remain the property of Sweet Merica until payment has been received in full by us.

CANCELLATIONS

Any orders may be canceled before they are dispatched. A full refund will be issued in this case. If you wish to cancel an order that has been dispatched, you will be required to wait and accept delivery of it and then return it back to us under the same conditions as instructed in the Returns section below. We will refund the amount paid less the original reasonable delivery costs.

ORDER ERRORS, RETURNS AND DAMAGES

Order errors and or discrepancies must be notified to us in writing to [email protected] within 24 hrs of the receipt of the order.

You have the right to return any unopened products for any reason within 14 days of delivery, provided they have at least 2 months before the best before or expiration date and are in a saleable condition.

You are responsible for sending the products back to us. We would recommend that you use a recorded/signed for service so that you can track the return. We will process the refund less the original delivery cost once we receive the products back in a saleable condition. We cannot reimburse you the cost of return postage to our warehouse.



You will be refunded with the same method that you paid. This can be bank transfer, debit or credit card, or PayPal.

If your order arrives in a damaged or faulty condition, we will offer a replacement or full refund. We will require photographic evidence sent to [email protected] before we can process a refund or resend.

RISK

The risk on all products shall pass to you upon delivery

LIABILITY

If we fail to comply with these terms and conditions we are responsible for loss and or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by you for the products order. Our maximum liability is limited to the total cost of your order. We are not however responsible for any loss or damage that is not foreseeable. Loss and or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you placed the order.

We only supply the product(s) for domestic, private or business use. You agree not to use any product(s) for any commercial or re-sale purposes and we have no liability to you for any loss or profit, loss of business, business interruption, or loss of business opportunity.

TERMINATION

We reserve the right to terminate your account at any time and restrict access to the website, if there is a risk of loss or liability to us or if there is a reasonable reason for doing so. If we terminate your account we will refund in full any orders that have not yet been dispatched.

NOTICES

Any written notices required by these terms and conditions must be sent to [email protected]

OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside of our reasonable control, including but not limited to: any act, event, non-happening, omission or accident beyond our reasonable control, examples including;

• Strikes, lock-outs or other industrial action,


• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war,


• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters


• The impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport


• The impossibility of the use of public or private telecommunications networks


• The acts, decrees, legislation, regulations or restrictions of any government or, Non-performance by suppliers or subcontractors

ERRORS AND OMMISSIONS

Any information displayed on this website regarding the products we offer for sale, including, but not limited to; product descriptions, images, sizes, weights, ingredients, nutritional information, and the like, are provided for your convenience only. We cannot be held responsible for any inaccuracies within this information provided and cannot guarantee it to be accurate.

The manufacturers of these products are liable to change or modify any of the above information, without notice, at any time. Whilst we will make all endeavors to ensure that the information displayed is, to the best of our knowledge, accurate, you must ensure that you carefully read the product packaging, including ingredients, allergens, and any health and safety warnings, before consumption.



In respect of the advertised product weight, as per industry standards, we cannot be held responsible for a 10% variance in the stated net weight. If any of your products vary by more than 10%, please contact us and upon receipt of the returned product, we will offer a full refund including any reasonable postage costs.

3RD PARTY WEBSITES

Where there are any links to a 3rd party website listed on this website, we do not vet these websites nor do we have any control over their contents. We cannot, therefore, accept any liability in respect of the use of those 3rd party websites.

WAIVER

If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from your compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by email or recorded letter.

SEVERABILITY

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us, prior to such contract, except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided for in these terms and conditions.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We reserve the right to revise and amend these terms and conditions at any time and without notice. Any changes made to these terms and conditions will be updated on this page. You will be subject to the terms and conditions that were applicable at the time of your order unless any of the changes are required by law.

THIRD PARTY RIGHTS

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions

COPYRIGHT

The content of this website is owned by Sweet Merica. This material includes, but is not limited to, photos, images, layout, graphics, look and appearance. The content and this website are protected by copyright, trademarks, database and any other intellectual property rights and any such rights remain vested in Sweet Merica. You can only use this site for your own personal, non-commercial use, in order to place orders through the website.

You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from this website. You may not use this website or its content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy any account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent from us. Any unauthorised use terminates any permissions granted.

COMPLAINTS

Any comments and or complaints on or about our website shall be sent to [email protected]

PASSWORD AND SECURITY

At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We cannot be held liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

LAW AND JURISDICTION

These terms and conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.