Kandy King Wholesale Confectionery Terms and Conditions

GBP £

USE OF THE WEBSITE

Welcome to the www.kandyking.co.uk terms and conditions. These terms and conditions apply to the use of www.kandyking.co.uk operated by COROLLDRAW Ltd. and the selling of products to you subject to the conditions set out below.

By using www.kandyking.co.uk, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not use or access this website.

If you have any questions relating to these terms and conditions please contact our customer services team before you place an order at info@kandyking.co.uk

This site is owned and operated by COROLLDRAW Ltd.
Registered number: 01533853 (England and Wales)

1. DEFINITIONS

1.1 In order to simplify the Terms and Conditions we have provided definitions of certain words or phrases. Where the words or phrases have been used this is the definition we are referring to:-

"Contract" an agreement to sell the item(s) which you have placed on order through our website and which incorporate these Terms and Conditions.

"Order" means an order placed by you for one or more of our products.

"You" "Your" means the person that is placing the order or simply using the website.

"We" "Us" "Our" this means COROLLDRAW Ltd.

"Website" means www.kandyking.co.uk

2. GENERAL

2.1 The use of this website and access to all the services provided are subject to all of the following terms, conditions and notices.

2.2 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website, it is your responsibility to read the Terms and Conditions on each occasion you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.

2.3 If you are not a consumer then you confirm you have authority to bind any business or person on whose behalf you use this website.

2.4 Access to certain areas of this website will require registration and subsequent access to the website will be subject to an approved login name and password. Information that you provide on this website must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable.

2.5 You are responsible for the confidentiality and maintenance of your personal account information and password. You accept responsibility for all activities which occur under your account and password. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should contact us immediately. COROLLDRAW Ltd. shall not be liable to any person for any loss or damage as a failure by you to protect your password or account details.

www.kandyking.co.uk / COROLLDRAW Ltd. reserves the right to refuse access to the website, terminate personal/trade accounts, amend and remove content and cancel orders.

3. OWNERSHIP OF RIGHTS AND INTELLECTUAL PROPERTY

3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights and all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensor. You are permitted to use this material only as expressly authorised by us or our licensor.

3.2 All rights on this website are owned by COROLLDRAW Ltd. The website is for personal and non-commercial use only. Any attempt to copy, store or share content and information for commercial purposes is strongly prohibited. You must not attempt (and agree not to assist or facilitate any third party to attempt) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from this website.

4. REGISTRATION

4.1 You guarantee that when you register with us as a customer all of the information that you provide is true, accurate and up to date. If any of the information provided changes, please amend the relevant details in the 'My Account' section of the website. If you have any problems doing this, please email customer services at info@kandyking.co.uk

4.2 You must not impersonate any other person or entity or use a false name or a name, which you do not have authority to use. You must not use the website in any way which will cause, or is likely to cause, the website to be impaired, damaged or interrupted in any way.

5. CUSTOMER CONDUCT

5.1 You must not use www.kandyking.co.uk for any of the following activities:

For any fraudulent activity; In connection with any criminal activity or unlawful act; To transmit or distribute a virus, Trojan, worm or logic bomb; To transmit any material which is illegal, malicious, in any way offensive, obscene, defamatory or menacing; To cause annoyance, inconvenience or needless anxiety to others; In breach of copyright, trademark, confidence, privacy or other right; Send unsolicited advertising or promotional material, often referred to as spam. Under the Computer Misuse Act 1990, breaching this provision may be a criminal offence and COROLLDRAW Ltd. will report any breach to the law enforcement authorities and disclose your identity to them.

6. ACCESS TO www.kandyking.co.uk

6.1 We will make every effort to ensure that the www.kandyking.co.uk website is available to use and is operating properly without any errors. However, we reserve the right, from time to time, to restrict access to the website to allow essential maintenance or upload new services and/or improvements, although we will ensure that any interruptions are kept to a minimum.

7. DAMAGE TO YOUR COMPUTER

7.1 COROLLDRAW Ltd. has made every effort to ensure that www.kandyking.co.uk is free from viruses and defects. However, it is your responsibility to ensure that your computer is properly protected and updated with specialist screening software available to screen out anything which may damage it. We cannot guarantee that using this website or other websites, which can be accessed through www.kandyking.co.uk, will not result in any damage to your computer.

8. LINKS TO OTHER WEBSITES

8.1 There may be links on www.kandyking.co.uk, which will take you to other websites. We do not monitor these other websites and cannot control their content, privacy policies or services; as such, we do not accept any liability from the use of these websites.

9. ORDERS

9.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.

9.2 All products for sale on www.kandyking.co.uk are subject to availability; if for any reason your order cannot be fulfilled owing to lack of stock, you will be advised by email

9.3 Every product is sold subject to the product description and supporting information such as flavour, colour, estimated delivery dates etc. All sizes are displayed as a guide and may be subject to change. We make every effort to ensure that the product colour is as accurate as possible, but the colours shown may vary depending upon the setting of your computer monitor. We cannot guarantee that the colour shown will accurately reflect the colour upon delivery. We will take all reasonable care to ensure that all of the product details, descriptions and prices are correct at the time when the information is uploaded onto the website. However, the information may not always exactly reflect the position when you placed an order. Please note that the delivery times are only estimates, and cannot be guaranteed. We reserve the right to refuse orders where the product information, price or product promotion has been incorrectly published.

9.4 All prices exclude VAT and are subject to a VAT at standard rate subject to current revenue rulings and can change without prior notice.

9.5 Promotions on www.kandyking.co.uk as subject to availability and we reserve the right to restrict quantity.

9.6 The confirmation stage sets out the final details of your order. Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. This is NOT an acceptance by us of your order but confirmation of receipt of your offer to us to purchase products. Our acceptance of your order and completion of the contract between us will take place when we despatch your order.

9.7 We reserve the right to refuse an order. Non-acceptance of an order may be as a result of one of the following: the product ordered being out of stock; our inability to obtain the authorisation of payment; the identification of an error within the product information, including price and promotion; you not meeting the eligibility to order as set out in the Terms and Conditions.

9.8 You are seeking to enter into a contract with COROLLDRAW Ltd. when you place an order.

9.9 If only part of your order is available, we will contact you as soon as possible via email with details and options available..

9A. REFUND POLICY

9A.1 We operate a 7 day money back guarantee policy. We only send out products that are in perfect condition. If for any reason you are not completely satisfied with the quality of our products please contact us at info@northernconfectionery.co.uk.

DAMAMGED ITEMS

Must be notified to our office within 48 hours from receipt of goods. Photographic evidence will usually be requried. Your claim will be dealt with faster if you provide a photo. We always arrange a credit code for damages caused in transit.

9A.2 We cannot accept returns that have been tampered with, or opened or any product that is custom made or specially ordered in.

10. DELIVERY

10.1 Details of all countries we deliver to are available on the basket/checkout pages. We cannot deliver to any country that is not on this list. All goods must be signed for by an adult aged 18 years or over on delivery. Your Government may impose customs duties and taxes on your goods. Corolldraw will not be liable for any tariffs imposed.

For International deliveries, from time to time its necessary to calculate the volumetric weight of a package when the space a package occupies may cost more than the package's actual weight. This is usually the case when a very light package is shipped in a large carton for example, as our checkout does not allow for this, if your orders volumetric weight exceeds it's actual weight then we will require payment of the additional shipment charge, before your International order is despatched. This does not apply to UK orders.

10.2 We will make every effort to deliver goods within the estimated time scales; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated time scales. Deliveries will be made in accordance with carriers specific terms. The carriers maintain the right to change arrangements for delivery giving notice and agreed specifics.

10.3 All deliveries will be made according to the carriers standard procedures; therefore, we cannot guarantee a particular delivery date or time. Our standard delivery service does require a signature.

10.4 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by our carriers.

10.5 Our deliveries are made by a national courier service.

10.6 If no one is available to receive the item, the delivery company will attempt to leave a ‘Sorry we missed you card' and return the item to the local depot. They will re-attempt the delivery the next working day or if you prefer you can arrange for redelivery on an alternate day, or collect the package in person from the local depot.

10.7 For all overseas deliveries separate quotations will apply.

10.8 Delivery Tariif see attatchment for relevant post code levy.

10.9 Orders can be collected at no charge during opening hours specified MON-THURS 10:00- 3:30 FRI 9:30- 3:00 excepting bank holidays.

11. PAYMENT

11.1 Payments can either be made when the order is placed through the website via most major credit or debit cards. You can also make payment via cheque, cash or BACS, details for which can be found on our customer service page. Goods will only be despatched once full payment has been received.

11.2 Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

11.3 The price you pay is the price displayed on this website at the time we receive your order. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods, you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you / we cancel and you have already paid for the goods, you will receive a full refund.

11.4 Payments made over the phone can only be delivered to the billing address and may be subject to delay due to further security.

11.5 Title to any products you order on this website shall pass to you on delivery of the product providing we have processed and received payment in full for the product.

11.6 All prices do not include VAT. VAT will be added to the final sum of the invoice and will be levied at the rate ruling at time of invoicing to all UK sales

11.7 No VAT will be charged on exports outside the EEC. Zero rate will apply to orders within the EEC with proof of registration for VAT in that host country

12. RETURNS AND CANCELLATIONS

12.1 In addition to our returns policy, under the Distance Selling Regulations you as a consumer have the right to cancel your full order / contract within seven days of receiving the goods. If you wish to cancel your order, you must notify us in writing and return the goods to us within fourteen days of receipt. When you exercise your right to cancel under the regulations ownership of the goods will revert to us. The Regulations impose a responsibility on you to take reasonable care of any goods that have been supplied. These obligations apply before as well as after you have given notice of cancellation. You have a duty to restore the goods to us. This means, that in the event you do not return the goods to us you must make them freely available to us for collection. Any costs incurred by us in collection will be deducted from any refund to you. The return of the goods will be at your own expense. Nothing in this clause affects our policy for the return or exchange of faulty or incorrect goods.

For further information, please see our customer service page.

13. LIABILITY AND INDEMNITY

13.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.

13.2 Subject to Section13.1, above we will not be responsible or liable to any user or third party for any damage and injury caused by any product, service, goods or information purchased through www.kandyking.co.uk save insofar as we are liable under English law.

13.3 Subject to Section 13.1, we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error free, that defects will be corrected, or that the site or server that makes it available is free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content for material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

13.4 Subject to Section 13.1 above. Other than as expressly provided for in these Terms and Conditions with respect to specific products and except for the exclusive remedy set out at Section 12 above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

13.5 Subject to Section 13.1 above we will not be liable, in contract, delict (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation) loss of revenues, data, profits, contracts, business or anticipated savings, loss of goodwill or reputation or any non foreseeable or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.

13.6 Notwithstanding the above, subject to Section 13.1, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents arising out of any claim.

13.7 This Clause 13 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.

13.8 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

13.9 If you are dissatisfied with any product or content on www.kandyking.co.uk or with the Terms and Conditions or the privacy policy, we advise discontinuation of the use of the website. Please email info@kandyking.co.uk with any concerns you may have.

14. LAW

14.1 This website, the content within it and any contract resulting from using it are governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts will be conducted in the English language.

14.2 These Terms and Conditions do not affect your non-excludable rights under law.

15. VARIATION / MISCELLANEOUS

15.1 There may be other legal notices on other areas of the www.kandyking.co.uk website, which together with the Terms and Conditions govern your use of the website in its entirety.

15.2 We reserve the right to make any changes, permanently or temporarily, to the website or any of the services and policies without notice to amend at our absolute discretion. You will be bound by the details of the Terms and Conditions or the website information which was in place at the time of use or when you placed your order. It is your responsibility to check regularly to determine if the Terms and Conditions have been changed. If you do not agree to the changes you should not continue to use the website.

15.3 If we are delayed or are unable to fulfil our obligations under these Terms and Conditions as a result of events beyond our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems, acts of God, fire, earthquake, storm, flood, natural disaster, civil unrest, acts of terrorism, deliberate damage to equipment or data, or damage of premises or equipment, we cannot be held responsible. This does not affect your statutory rights.

15.4 www.kandyking.co.uk does not sell products to people under the age of 18. If you are under 18, you need a parent or guardian over the age of 18 to purchase on your behalf.

15.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by us.

15.6 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part or any of our rights or obligations under these terms and conditions or any related contract to any third party.

15.7 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or unenforceability of the other sections of these Terms and Conditions shall not be affected.

15.8 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by our authorised representatives.

15.9 These Terms and Conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and us for your use of the website.

15.10 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter a linked website we are not responsible for the availability for such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to what others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

15.11 The Wishlist sharing message service is for personal and non-commercial use only. We do not screen any messages posted onto the website, although we reserve the right to monitor messages from time to time. You are fully responsible for any material, which you send to any person via the Wishlist messaging service on www.kandyking.co.uk. You guarantee that any messages posted on the website to be sent to a third party by us on your behalf will not contain any obscene, vulgar, rude, racist, threatening or defamatory language which may cause any distress to any person or be unlawful. COROLLDRAW Ltd. accepts no liability for any Wishlist messages which do not comply with this condition. We reserve the right to remove the service at any time and to refuse to send or display messages entirely at our own discretion without prior notice or liability to you.

16. DISPUTE RESOLUTION

16.1 Should you have any dispute, please email us at info@kandyking.co.uk.

If you experience any difficulty using www.kandyking.co.uk or have any feedback for us regarding the accessibility of the site then please do not hesitate to contact us at info@kandyking.co.uk

with details of the problem.We will issue a returns number and address, you can then return the sweets for an exchange or full refund. Items ordered in error will be subject to a 20% restocking charge.

LOYALTY POINTS TERMS

Our points programme has been designed to give our customers something back. It's our way of saying thank you for your business.The programme is provided in good faith and we know the vast majority of customers will use it appropriately. Any abuse of the programme affects the service for everyone and we will act swiftly and decisively to remove and ban anyone found abusing the programme or not using it in the spirit it was designed for. We ask that you please read the below terms and conditions below carefully before placing your order. Thank you.

1. All online customers must register with us first for your points to be used against future orders. You must use the same email address each time you order.

2. Points are earned for every £1.00 spent online (Before shipping charges). For every £1 you will earn 1 point. 100 points = £1 to redeem when placing your next order. There is a Minimum of 500 points to be redeemed at any one transaction.

3. Points can be saved as there is no limit to the amount you can earn and do not expire.

4. Points redemption transactions cannot be used in conjunction with any other offers, promotions or discounts codes

5. No Points are available when ordering over the phone.

6. Points not awarded for credit and some discounted trade accounts.

7. We reserve the right to withdraw this programme at any time without prior notice

8. We reserve the right to change the terms and conditions of this programme without prior notice

9. Points are non-transferable and have no cash value

Terms and Conditions of purchasing American food, Confectionery and drink from Corolldraw Ltd / Kandyking / Northern Confectionery.

Regulations regarding food labelling have now changed and we would like to outline for you the responsibilities of both us (The Wholesaler) and you (The Retailer) under the updated provisions.

Please be aware that upon payment of the invoice for goods supplied by us you are agreeing to adhere to these Terms and Conditions.

The two areas of change are:

1) Appropriate UK compliant ingredient labelling displaying on all pre-packaged goods highlighting allergen information.

2) A Best Before Date in the UK format to be displayed on all pre packaged goods (excluding chewing gum).

Allergen and Ingredient Labelling

As The Wholesaler it is our responsibility to provide you, The Retailer with the UK compliant ingredients labels and information as directed by the new provisions. It is your responsibility as The Retailer to label all goods before they are displayed for sale to the end user.

We will provide all necessary labels required when purchasing American products from us.

What you need to do...

Affix the label to each product before displaying for sale

Best Before Dates

It is your responsibility as The Retailer to display a Best Before Date on all products (excluding chewing gum) in a UK date format. Different manufacturers in the USA provide this information in different ways. We have provided you below examples of how to translate the date format.

If you still can’t translate a date or you are having any issues we would be happy to investigate this for you and find a solution.

Thank-you for your continued business and understanding on the importation and sales of American Food and Drink within specific guidelines and regulations which must to adhered to following the new piece of European Legislation called the Food Information for Consumers Regulation (EU FIC). Additional Information can be found by following this link:

http://www.food.gov.uk/sites/default/files/food-allergen-labelling-technical-guidance.pdf

Best Before Examples

Many date codes contain a letter for the month which all follow this sequence A-January B-February C-March D-April E-May F-June G-July H-August I-September J-October K-November L-December

Production codes

Eg Charleston Chew/Junior Mints/Laffy Taffy/Tootsie Roll

B2714 12 months shelf life

B is the month, 27 is the day and 14 the year. So this product was created on the 27th February 2014 and is Best Before 27th February 2015

American Date Format

Eg Mars products (this is found on the outer box but not the actual product)

01/31/16

Best Before 31st January 2016

End Code

Eg Nestle products such as Butterfingers, 100 Grand Bar, Oh Henry Bar

5334574823 15L

15 is the year and L is the month so these are Best Before December 2015