Returns

Sun & Spice Ltd supplies wholesale trade customers, not consumers. This Returns policy explains how we deal with order issues, claims, credits and refunds. It is a B2B policy and is governed in full by our Terms and Conditions of Sale. Where this page and the Terms and Conditions of Sale say different things, the Terms and Conditions of Sale take precedence.

If a consignment arrives damaged, short, or with a quality issue, the process below is the fastest route to resolution. Trade buyers should follow the claims window and evidence requirements in clause 3, because failure to do so makes claims harder to settle commercially and may put the carrier's cover out of reach.

1. Application

1.1 This Returns policy applies to trade customers acting in the course of a business who buy Goods from Sun & Spice Ltd under our Terms and Conditions of Sale.

1.2 The Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and any other consumer-specific protection (including consumer "cooling-off" or distance-selling rights) do not apply to wholesale supply by us. Trade buyers are not entitled to return Goods on the basis of change of mind.

1.3 Nothing in this policy limits or excludes:

(a) the implied term under section 12 of the Sale of Goods Act 1979 that the Seller has the right to sell the Goods;

(b) liability for death or personal injury caused by the Seller's negligence;

(c) liability for fraud or fraudulent misrepresentation;

(d) any other liability that cannot be excluded under English law.

1.4 The implied terms under section 13 (sale by description), section 14(2) (satisfactory quality), section 14(3) (fitness for purpose where disclosed), and section 15 (sale by sample) of the Sale of Goods Act 1979 are addressed by the warranty in clause 10 of our Terms and Conditions of Sale and by the claims process in this policy.

2. Inspection on delivery

2.1 The Buyer must inspect the consignment on delivery, count the boxes or pallets against the delivery note, and verify the Order reference. The full inspection process is set out in clause 8 of our Delivery policy.

2.2 Visible damage, shortage, or wrong product must be flagged on the carrier's proof of delivery in the driver's presence. Where a full inspection is not possible in the time available, the Buyer should sign "subject to inspection" or "unchecked, pending inspection".

2.3 A clean signature on the proof of delivery is treated as confirmation that the consignment was received in good order. Claims raised after a clean signature are reviewed but harder to resolve commercially, and the carrier may decline cover.

3. Claims windows

3.1 Claims must be raised in writing to us at info@sunandspice.co.uk within the windows set out below. The Buyer should treat these as firm deadlines.

3.2 If notice of a claim is not given within the relevant window in clause 3.1, the Goods are deemed to have been accepted in conformity with the Contract and the Buyer has no claim against the Seller in respect of the issue. This is the position under clause 9 of our Terms and Conditions of Sale.

4. Evidence we need to settle a claim

4.1 A written claim must include:

(a) the Order reference and the delivery note number;

(b) the batch code or lot code printed on the affected pack, where applicable;

(c) the best-before date printed on the affected pack, where applicable;

(d) photographs of the affected Goods, packaging, and pallet (for damage claims);

(e) the quantity and description of affected items;

(f) a short factual description of the issue.

4.2 For quality claims we may also require:

(a) a retained sample of the affected Goods (a representative sub-sample is sufficient where the volume is large);

(b) details of how the Goods were stored from receipt to the point the issue was identified;

(c) details of how the Goods were used, where the issue was identified during use;

(d) copies of any test reports, customer complaints, or onward-distribution records relevant to the issue.

4.3 We may carry out our own analysis on samples we recover or that the Buyer supplies. We will share results once they are available.

5. Quarantine

5.1 Pending resolution of any claim, the Buyer must:

(a) isolate the affected Goods;

(b) not on-sell, use, alter, repackage, blend, dilute, or otherwise process the affected Goods;

(c) not destroy or dispose of the affected Goods, except with our prior written agreement;

(d) hold the affected Goods available for inspection or collection by us or our insurer;

(e) preserve the original packaging and any associated documentation.

5.2 If the Buyer destroys or disposes of affected Goods without our written agreement, the claim may be rejected because we are unable to verify it.

6. Remedies

6.1 Where a claim is accepted, the Seller's sole liability is, at the Seller's option, to:

(a) replace the affected Goods at the Seller's cost;

(b) issue a credit note against the Buyer's trade account for the price paid for the affected Goods; or

(c) refund the price paid for the affected Goods.

6.2 Credit note against the Buyer's trade account is the default remedy for established trade accounts. Replacement is the default where stock is available and timing permits. Refund is available on request where neither replacement nor credit note is appropriate.

6.3 The Seller's choice of remedy under clause 6.1 reflects:

(a) the Buyer's stated preference;

(b) the availability and lead time for replacement stock;

(c) the volume and value of the claim;

(d) the practical cost of return freight or disposal.

7. Time to issue credit or refund

7.1 We issue a credit note within 7 Working Days of acceptance of a claim.

7.2 Where a refund is the agreed remedy, we make the refund within 14 Working Days of acceptance of a claim, to the bank account on file for the Buyer.

7.3 Where replacement is the agreed remedy, replacement Goods are dispatched on the next available run scheduled for the Buyer's account, and prioritised against fresh Orders.

8. Return freight

8.1 Who pays for return freight depends on the cause of the claim:

(a) Where the claim is caused by the Seller (for example damaged in transit on a carrier we instructed, wrong product, quality failure against the agreed Specification, mislabelling, missing required documentation), we arrange and pay the cost of collection or destruction.

(b) Where the return arises from a Buyer-side cause (for example refused delivery, ordering error, change of business circumstance), and the Seller agrees as a goodwill matter to accept the return, the Buyer arranges and pays return freight, and a handling charge of 10% of the invoice value of the returned items (subject to a minimum of £25) is added to the next invoice.

(c) Where the Goods are bespoke, custom, or private-label and the Seller has agreed to accept their return, the Buyer pays return freight and a higher handling charge of up to 25% of the invoice value, reflecting the lower resale value of customised stock.

9. Disposal in place of return

9.1 Where return freight is disproportionate to the value of the affected Goods (for example a single damaged pallet of bulk powder), we may, at our option, instruct the Buyer to dispose of the Goods rather than return them.

9.2 Disposal must be carried out in a manner consistent with food-waste regulations applicable to the Buyer's premises, and the Buyer must provide photographic evidence of disposal, including a clear shot of the batch code and best-before date on the destroyed packs.

9.3 Disposal at the Seller's instruction does not waive any of the Buyer's obligations under clause 5 (Quarantine) until the instruction is given.

10. What we do not accept back

10.1 The following are not accepted for return:

(a) Goods that have been opened, except where the issue is intrinsic and could not have been identified by external inspection (for example contamination, mislabelling, or off-spec batch);

(b) Goods that have been decanted, repacked, blended, diluted, or otherwise processed by the Buyer or a third party after delivery;

(c) Goods that have been stored outside the conditions stated on the pack or in our specification (for example exposure to moisture, heat, light, or pest activity);

(d) Goods used after their stated best-before date;

(e) Goods sold as clearance or near-best-before stock at a reduced price, where the shorter shelf life was expressly accepted by the Buyer at the point of order;

(f) Bespoke, custom-ground, custom-blended, private-label, or any other Goods produced or labelled to the Buyer's Specification, except for a defect against that Specification;

(g) Samples, including paid samples, except for a manifest defect at the point of delivery.

11. Cancellation of orders

11.1 An Order may be cancelled in writing before the Seller has confirmed it, without charge.

11.2 Once the Seller has confirmed an Order, cancellation requires the Seller's written agreement. Where the Seller agrees to a cancellation:

(a) the Buyer remains liable for any costs reasonably incurred by the Seller before cancellation, including raw-material commitments, third-party processing, packaging, freight already booked, and a reasonable contribution to overheads;

(b) where the Goods have already been dispatched, the Buyer is liable for the full price of the Goods plus any return freight and handling charge under clause 8.1(b).

11.3 Orders for bespoke, custom-ground, custom-blended, private-label, or any other Goods produced or labelled to the Buyer's Specification are non-cancellable and non-returnable from the moment the Seller confirms the Order. Approval of label artwork or product Specification by the Buyer is treated as acceptance of the resulting Goods, subject only to the Seller's compliance with that Specification.

12. Best-before and shelf life

12.1 We dispatch Goods with at least 50% of their total declared shelf life remaining, unless the Buyer has expressly accepted shorter-dated stock as part of a clearance or near-best-before purchase agreed at the point of order.

12.2 Goods within the agreed shelf-life window on dispatch are not accepted for return on grounds of approaching best-before. Management of shelf rotation at the Buyer's premises is the Buyer's responsibility from the moment risk passes (see clause 12 of our Delivery policy).

12.3 We are not responsible for stock approaching best-before because of slow sell-through, poor stock rotation at the Buyer's premises, or any other cause unrelated to the condition of the Goods on dispatch.

13. Limitation of liability

13.1 The Seller's total aggregate liability arising under or in connection with the Contract, including in respect of any claim under this Returns policy, is capped at the price paid for the Goods to which the claim relates. The full limitation of liability clause, including the carve-outs that cannot be limited (death or personal injury caused by negligence, fraud, breach of section 12 of the Sale of Goods Act 1979), is set out in clause 11 of our Terms and Conditions of Sale.

13.2 The Seller is not liable for any indirect, special, or consequential loss, including:

(a) loss of profits;

(b) loss of sales, business, or revenue;

(c) loss of contracts, agreements, or commercial opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill or reputation;

(f) loss or corruption of data or information;

(g) wasted management or staff time.

13.3 Acceptance of a claim, issue of a credit note, or supply of replacement Goods does not amount to an admission of liability for any other consignment.

14. Statutory rights preserved

14.1 Nothing in this Returns policy reduces or excludes:

(a) the implied term under section 12 of the Sale of Goods Act 1979 that the Seller has the right to sell the Goods;

(b) liability for death or personal injury caused by the Seller's negligence;

(c) liability for fraud or fraudulent misrepresentation;

(d) any other right or remedy of the Buyer that cannot be excluded under English law.

14.2 The Buyer's rights under sections 13, 14(2), 14(3), and 15 of the Sale of Goods Act 1979 are addressed by the express warranty given in clause 10 of our Terms and Conditions of Sale and by the claims process in this policy, in line with section 6(1A) of the Unfair Contract Terms Act 1977.

15. Governing law and contact

15.1 This Returns policy is governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising under or in connection with it. The full governing-law clause is in clause 21 of our Terms and Conditions of Sale.

15.2 To raise a claim, request a return, or discuss the application of this policy to a specific order, contact us at info@sunandspice.co.uk. Quote your Order reference and follow the evidence checklist in clause 4. We aim to acknowledge every claim within 1 Working Day and to confirm acceptance, rejection, or our request for further evidence within 3 Working Days of receiving complete documentation.