Terms and Conditions

A1 About these terms

A1.1These terms govern your use of curatedsourcing.com. By using the website, you accept them. If you do not accept them, please do not use the website.

A1.2In Part A, we, us and our mean BRK Trading Limited trading as Curated Sourcing. You means the person using the website and, where relevant, the business you represent.

A2 Using our website

A2.1The website is made available free of charge. We may update, suspend or withdraw it, or any part of it, at any time without notice.

A2.2Content on the website is general information about our services. It is not advice, and it is not an offer capable of acceptance. Prices, lead times and capabilities are confirmed only in a written quotation.

A2.3We take care to keep the website accurate and up to date, but we do not guarantee that it is complete, accurate or free from errors.

A3 Intellectual property

A3.1We, or our licensors, own the intellectual property in the website and its content, including text, design, photography, renders and video.

A3.2Products, packaging and imagery shown in our portfolio, case studies and gallery were created for our customers and are shown with their permission. The brand names, logos and trade marks shown belong to their respective owners. Their appearance does not imply any endorsement beyond our working relationship.

A3.3You may view, download and print pages for your own reference or internal business use. You must not otherwise copy, reproduce, republish, scrape or commercially use any website content without our written permission.

A4 Enquiries and briefs you send us

A4.1Submitting an enquiry, brief or meeting request through the website does not create a contract. A contract arises only when we accept an order in writing under Part B.

A4.2We treat the details of your project as confidential. We use them only to respond to you and to prepare proposals, samples and quotations.

A4.3We work with many brands and develop concepts continuously. Receiving a brief from you does not prevent us from developing or supplying products that are similar in concept, provided we do not use your confidential information or your trade marks to do so.

A4.4Only send us materials you have the right to share. You remain responsible for any artwork, logos or materials you provide.

A5 Acceptable use

A5.1You must not use the website in any unlawful way, introduce viruses or other harmful material, attempt to gain unauthorised access to the website or its systems, or use automated tools to copy or extract its content.

A5.2We may report any breach of the Computer Misuse Act 1990 to the relevant authorities and co-operate with them. Your right to use the website ends immediately if you breach this clause.

A6 Links to other websites

A6.1Links to third party websites, including our customers' and partners' sites, are provided for information only. We have no control over those websites and are not responsible for their content.

A7 Our liability for the website

A7.1The website is provided as is. To the extent permitted by law, we exclude all warranties and representations about it.

A7.2We are not liable for any loss of profit, revenue, business, contracts, data or goodwill, or for any indirect or consequential loss, arising from your use of, or inability to use, the website or reliance on its content.

A7.3Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

A8 Privacy and cookies

A8.1We process personal data submitted through the website in line with our Privacy Policy. Our use of cookies is explained in our Cookie Policy.

A9 Changes to these terms

A9.1We may revise these terms at any time by updating this page. The last updated date at the top shows when they last changed. Please check this page from time to time.

A10 Law and jurisdiction

A10.1Part A is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from it.

B1 When these terms apply

B1.1Part B applies to every quotation we issue, every order we accept and every service we provide, unless we have signed a separate written agreement with you, which then takes priority.

B1.2We deal only with businesses. Part B does not apply to consumers.

B1.3Terms in your purchase order, supplier portal, vendor registration or any other document of yours do not apply unless we expressly accept them in writing. Registering on or clicking through a customer system does not change Part B.

B1.4In Part B: Goods means the products described in an order; Specification means the agreed written specification, approved artwork and approved sample; Critical Path means the project timetable we issue for an order; Manufacturer means any factory or production partner we use; and Mass Production Start means the date we instruct the Manufacturer to begin bulk production, as confirmed to you in writing.

B2 Quotations and prices

B2.1A quotation is valid for the period stated on it or, if none is stated, for five calendar days. It is not an offer capable of acceptance after that period.

B2.2Prices exclude VAT and are in the currency and on the delivery basis stated in the quotation. Any duty or tariff allowance is an estimate unless stated to be fixed, and additional duties or import charges imposed after quotation will be charged at cost.

B2.3We may revise a price before accepting an order if quantity, Specification, materials, freight, exchange rates, tariffs or testing requirements change. Repeat orders are re-quoted on prevailing costs.

B3 Orders, forecasts and changes

B3.1Your order becomes binding when we confirm acceptance in writing or begin work, whichever happens first. Forecasts are for planning only and are not binding.

B3.2Once accepted, an order may not be cancelled, reduced or materially changed without our written agreement. If we agree, you must pay for completed Goods, work in progress, committed materials, tooling, testing, freight and other costs reasonably incurred.

B3.3A change to quantity, Specification, artwork, packaging, testing or timing may change the price and Critical Path. We need not implement a change until its effect has been agreed in writing.

B4 Development, samples and design

B4.1Standard development, costing and sampling support covers 60 days from your first brief. Beyond that, or if a project stalls without an order, we may review scope and charges before continuing.

B4.2Where an order is placed, we normally absorb standard sample and design costs, including one principal design round and up to two minor amendment rounds. Additional concepts, substantial redesigns, complex prototypes, third party testing and custom tooling may be charged separately, with your approval sought first where practicable.

B4.3Samples are development items and may differ from mass production within normal manufacturing tolerances. A pre-production sample is binding only once approved in writing for that purpose.

B5 Tooling

B5.1Tooling charges are a contribution towards the cost of moulds, dies, plates and similar equipment made for your Goods. Tooling stays with the Manufacturer, is used only to produce your Goods, and is transferable only by written agreement once all sums due and reasonable transfer costs have been paid.

B5.2If tooling is unused for 24 months, we may give you 30 days' written notice. Unless you place an order or agree to pay storage within that period, the tooling may be disposed of.

B6 Approvals and tolerances

B6.1You must check and approve all Specifications, artwork, colours, wording, barcodes, labelling and samples within the Critical Path timings. Approval by email is binding, and we are not responsible for errors in approved material.

B6.2Normal manufacturing tolerances apply to colour, texture, dimensions, weight and finish. A minor variation that does not materially affect appearance, function, safety or compliance is not a defect.

B6.3Unless an order requires an exact quantity, delivered quantities may vary by up to 5 per cent either way. You pay for the quantity delivered at the agreed unit price.

B7 Timings and delivery

B7.1Sampling, production and delivery dates are estimates. Time is not of the essence unless a date is expressly agreed as fixed in a document signed by both parties. The Critical Path extends for late approvals, changed instructions, non-payment, testing or events outside our control.

B7.2Standard delivery is Monday to Friday, 9.00 am to 5.00 pm. Timed slots, special handling and re-delivery may be charged. We may deliver in instalments, each invoiced separately.

B7.3If you delay or refuse delivery, we may store the Goods at your risk and cost and treat delivery as completed for invoicing.

B8 Checking deliveries and making claims

B8.1Each delivery comes with a packing list showing pallet and carton counts and SKU quantities. Before cartons are opened or mixed with other stock, you must count the pallets and cartons, check them against the packing list, inspect for visible damage and note any exception on the proof of delivery.

B8.2Missing cartons must be notified within two business days of delivery, and SKU or unit discrepancies within seven calendar days. Other visible defects must be notified within seven calendar days of delivery.

B8.3A latent manufacturing defect must be notified within five business days of discovery and no later than six months after delivery.

B8.4Claims must identify the order, SKU, quantity and issue, with supporting photographs and receiving records. Goods not claimed for within these periods are deemed accepted. You must keep affected Goods available for inspection, and no return, disposal or deduction may be made without our written agreement.

B9 Quality and remedies

B9.1We warrant that on delivery the Goods will conform in all material respects with the Specification and be free from material defects in materials and workmanship.

B9.2The warranty does not cover fair wear and tear, misuse, improper storage or handling after delivery, defects caused by materials or instructions you supplied, or suitability for a purpose we have not accepted in writing.

B9.3If a valid claim is attributable to us, we will, at our option, replace or rework the Goods, supply the shortfall, issue a credit or refund the price of the affected Goods. These are your sole remedies for shortages and defects, and terms implied by statute, including sections 13 to 15 of the Sale of Goods Act 1979, are excluded to the extent the law allows.

B10 Compliance and responsible sourcing

B10.1You must tell us in writing, before accepting a quotation, every country and channel in which the Goods will be sold and any standards that apply. Testing, certification and market-specific documentation are included only where stated in the quotation.

B10.2You remain responsible for retail claims, translations and point of sale content, and for confirming that approved Goods and labelling suit your intended markets.

B10.3We comply with the Modern Slavery Act 2015 and the Bribery Act 2010 and require our Manufacturers to comply with applicable labour, health and safety and environmental laws. We hold public liability insurance of £5 million.

B11 Payment

B11.1Unless the quotation or order confirmation states otherwise, you must pay a 50 per cent deposit on order acceptance and the remaining 50 per cent within 14 calendar days after delivery.

B11.2Mass production will not begin until the deposit and any agreed tooling or development charges have been received.

B11.3You must pay in full, without set-off or deduction, including promotional contributions, portal fees, chargebacks or similar charges, unless we have agreed them in writing. Invoice queries must be raised within seven calendar days, and the undisputed amount remains payable on time.

B11.4We may charge interest and compensation on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998 and suspend work or delivery after giving written notice.

B12 Orders in mass production

B12.1Once an order reaches its Mass Production Start, you may not cancel, terminate or reduce it for any reason, and you must accept delivery and pay the full price. The only exceptions are our unremedied material breach of that order, our insolvency, or a force majeure event that prevents us from delivering.

B12.2If you cancel or refuse such an order, or we end our relationship because of your breach or insolvency, the full outstanding price of every order in mass production becomes immediately payable.

B13 Risk and ownership

B13.1Risk passes to you on delivery. Ownership passes only when we have received payment in full. Until then, you must keep the Goods identifiable and insured. You may resell them in the ordinary course of business unless payment becomes overdue or you become insolvent, in which case we may require you to make unsold Goods available for collection.

B14 Intellectual property and portfolio use

B14.1You keep ownership of your trade marks, logos and artwork. We keep ownership of our methods, know-how, templates, supplier information and design elements of general application. Once paid in full, you may use the final approved deliverables for the Goods and their promotion.

B14.2We will not supply third parties with goods bearing your trade marks or reproducing a design created specifically for you without your consent.

B14.3You confirm you have the right to use any materials you provide and will indemnify us against third party claims arising from our authorised use of them.

B14.4We may photograph approved Goods and feature them in our portfolio, website, social media and presentations, respecting any confidentiality or launch embargo you notify to us in writing.

B15 Confidentiality and protection of our supply chain

B15.1Each party will keep the other's non-public commercial, technical and financial information confidential and use it only to perform the work. This includes our pricing and the identity, pricing and capabilities of our Manufacturers.

B15.2While we work together, and for 24 months after the later of the end of our relationship and delivery of your final order, you must not, directly or through any group company or third party, buy goods the same as or substantially similar to the Goods from any Manufacturer you first learned of through us, without our written consent. This does not apply to a Manufacturer you can show you already traded with before working with us.

B16 Liability

B16.1Nothing in Part B limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited.

B16.2Neither party is liable for loss of profit, revenue, savings, goodwill or business opportunity, or for indirect or consequential loss.

B16.3Our total liability arising from or in connection with an order, however arising, will not exceed the total price paid or payable for that order. Nothing in this clause limits your obligation to pay for the Goods.

B17 Force majeure

B17.1Neither party is liable for delay or failure caused by events beyond its reasonable control, including war, civil unrest, epidemic, government action, tariff or trade restrictions, port congestion and carrier disruption. If an event continues for more than 60 days and prevents performance, either party may end the affected uncompleted part of the order, and you pay for completed Goods and unavoidable committed costs. Force majeure never excuses late payment.

B18 Ending our relationship

B18.1Either party may end an ongoing trading relationship on six months' written notice. Orders accepted before notice expires continue on Part B.

B18.2Either party may end the relationship or an affected order immediately if the other commits a material breach not remedied within 14 days of notice, or becomes insolvent. We may also suspend work or delivery if payment is overdue or required approvals are not given.

B18.3On termination, you must pay for all invoices, completed work, work in progress, committed materials and unavoidable costs relating to accepted orders. Clauses intended to continue, including those on tooling, payment, confidentiality, supply chain protection and liability, survive.

B19 General

B19.1Part B, together with our quotation and order confirmation, is the entire agreement between us for each order. Variations must be agreed in writing by both parties.

B19.2Neither party may assign its rights without the other's consent, except to a group company or on a sale of its business. We may use subcontractors and Manufacturers but remain responsible for their work.

B19.3Formal notices must be in writing and sent by hand, next business day post or email to the addresses on the quotation or order confirmation.

B19.4No one other than the parties may enforce Part B under the Contracts (Rights of Third Parties) Act 1999. If any provision is unenforceable, the rest remains in force. A delay in exercising a right is not a waiver.

B19.5Part B and any dispute arising from it are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.