Table of Contents
By using the Site and/or, disclosing to us any personal information: (i) you agree that you have read and understood the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE OR DISCLOSE TO US ANY PERSONAL INFORMATION.
RISK OF LOSS/TITLE TRANSFER:
All purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
2. Code of Conduct
Butler and White’s Code of Conduct is included in this Agreement. Participants in any Butler and White’s Program, customers, vendors, visitors to the Site, and stakeholders are expected to comply with the Code of Conduct.
3. Not Healthcare Advice
The products and claims made about specific products on or through the Site have not been evaluated by the Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options. Always check the product label or packaging prior to use of any product. If there are any discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification and the recommended use of product labeling and packaging details.
4. Product Purchases
To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to this Term. Title for any products purchased by you will transfer upon our delivery to the carrier.
When ordering from Butler and White’s you are responsible for assuring the product can be delivered into your region.
Butler and White’s reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. If you wish to be a reseller of our products or services then please contact us to discuss your requirements.
5. Usage & Termination
By using our Site and/or participating in the Rewards and/or Reviews Programs, you represent and agree that you are at least eighteen (18) years of age or older and are fully able and competent to agree to the terms in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.
a. Account Setup & Use
You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
b. Use of the site
You agree to use the Site and engage in the Programs for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other's intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
c. Termination or Suspension of the Agreement
d. Account Termination
We reserve the right to terminate any account if your order is deemed fraudulent or credit card/payment charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
6. Pricing and Payment
6.1 With respect items sold by Butler and White’s, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may have the incorrect price. Subject to applicable law, if the correct price of an item sold by Butler and White’s is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
6.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.3 Delivery charges are not included in the price of Food Products displayed on Our Site. For more information on delivery charges, please refer to the checkout stage of your order. Delivery options and related charges will be presented to you as part of the order process.
6.4 Payment for Food Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged when you place your order.
7. User Content and Conduct
User Generated Content Guidelines are included in this Agreement. All User Generated Content must comply with the guidelines which are a binding part of this Agreement. Additionally, all User Generated content should comply with the Code of Conduct in this Agreement. User Generate Content, including product reviews, solely reflect the views and opinions expressed by the contributor and not those of Butler and White’s. Butler and White’s does not verify or endorse any claims made in reviews. Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
9. Consent to Communications
You consent to receiving SMS messages (including text messages) and WeChat messages from us to the specific number(s)/Account you have provided to us with information or questions about your account and/or orders.
You may also have elected to receive marketing and promotional SMS messages (including text messages) from us. Your consent to receive marketing and promotional SMS messages is not required to purchase goods or services. If you have elected to receive SMS marketing messages, we will send you an SMS to confirm your election. Message and data rates may apply and message frequency may vary. Carriers are not liable for delayed or undelivered messages.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Butler and White’s may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur.
For customer support, please email: email@example.com
10. Food Products
10.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Food Products available from Us correspond to the actual Food Products that you will receive. Please note, however, the following:
10.1.1 Images of Food Products are for illustrative purposes only. There may be slight variations in color between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that food stuffs will naturally vary in appearance;
10.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Food Products may vary and
10.1.3 Due to the nature of the Food Products sold through Our Site, there may be up to a 10% variance in the size, weight & volume of those Food Products between the actual Food Products and the description.
10.2 Please note that sub-Clause 10.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether. Please refer to Clause 10.6 if you receive incorrect Food Products (i.e. Food Products that are not as described).
10.3 All Food Product descriptions provided on Our Site do not include a full list of ingredients and nutritional information. Please note, however, that some or all of Our Food Products are prepared in the same environment and we cannot guarantee that they will be 100% free of such ingredients:
10.3.2 Milk or lactose;
10.3.5 Other nuts;
10.3.8 Sesame seeds;
10.3.9 Soya or soybeans;
10.4 We cannot guarantee that all Food Products will always be available. Stock indications are not always 100% accurate on Our Site.
10.5 Minor changes may, from time to time, be made to certain Food Products between your Order being placed and Us processing that Order and dispatching the Food Products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Food Products and will not normally affect your use or enjoyment of those Food Products. However, if any change is made that would affect your use or enjoyment of the Food Products, suitable information will be provided to you.
10.6 If any Food Products you have purchased do not comply as stated and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Food Products, please contact our Customer Services representative as soon as reasonably possible and in any event within 2 hours to inform Us of the problem, and to arrange for a refund or replacement.
10.7 Please note that you will not be eligible to claim under this Clause 10.6 if We informed you of the fault(s), damage or other problems with the Food Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Food Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Food Products to Us under this Clause merely because you have changed your mind. Please refer to Clause 11 for more details.
10.8 Refunds (whether full or partial, including reductions in price) under this Clause will be issued within 3 calendar days of the day on which We agree that you are entitled to the refund.
10.9 Any and all refunds issued under this Clause 10.6 will include all delivery costs paid by you when the Food Products were originally purchased.
10.10 Refunds under this Clause 10.6 will be made using the same payment method that you used when ordering the Food Products.
11．Delivery and Cancellations
11.1 All Food Products purchased through Our Site will normally be delivered within 5 days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control).
11.2 If We are unable to deliver the Food Products on the delivery date, the following will apply:
11.2.1 If no one is available at your delivery address to receive the Food Products and the Food Products cannot be posted through your letterbox they will be left in a safe place nominated by you in the order notes or after a confirmation phone call from the courier.
11.2.2 If you do not collect the Food Products or rearrange delivery within 5 hours, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we may treat the Contract as cancelled and recover the Food Products. If this happens, you will NOT be refunded the purchase price of the Food Products themselves and the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Food Products.
11.3 In the unlikely event that We fail to deliver the Food Products within 5 calendar days of Our Order Confirmation, if any of the following apply you may treat the Contract as being at an end immediately:
11.3.1 We have refused to deliver your Food Products; or
11.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
11.3.3 You told Us when ordering the Food Products that delivery within that time period was essential.
11.4 If you do not wish to cancel under sub-Clause 11.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
11.5 You may cancel all or part of your Order under sub-Clauses 11.3 or 11.4 provided that separating the Food Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Food Products and their delivery will be refunded to you within 14 days. Please note that if any cancelled Food Products are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Food Products.
11.6 Delivery shall be deemed complete and the responsibility for the Food Products will pass to you once We have delivered the Food Products to the address including, where relevant, any alternative address you have provided.
11.7 Ownership of the Food Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
11.8 Any refunds due under this term will be made using the same payment method that you used when ordering the Food Products.
11.9 You may cancel an Order before we dispatch the order. Orders cannot be cancelled after this time.
11.10 To contact Us directly to cancel, please use the following details:
Email : firstname.lastname@example.org
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
11.11 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
11.12 Please note that you may cancel after receiving Food Products if there is a problem with them, as set out in Clause 10, but you cannot cancel merely because you have changed your mind.
11.13 Any refunds due under this Clause 11 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
11.14 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Food Products.
12. Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE OR PARTICIPATION IN ANY PROGRAM IS AT YOUR SOLE RISK. THE SITE, THE PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. BUTLER AND WHITE’S AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, "BUTLER AND WHITE’S ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUTLERANDWHITES ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
BUTLERANDWHITES ENTITIES MAKE NO WARRANTY THAT THE SITE OR ANY PROGRAM WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE OR FROM ANY PROGRAM WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. BUTLERANDWHITES DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BUTLERANDWHITES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTIONS, TEXT OR PHOTOGRAPHY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR VIA ANY PROGRAM IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM BUTLERANDWHITES ENTITIES, THROUGH THE SITE OR THROUGH A PROGRAM SHALL CREATE ANY WARRANTY RELATING TO THE SITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUTLERANDWHITES ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BUTLERANDWHITES ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN BUTLERANDWHITES AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend and hold harmless Butler and White’s from and against all losses, expenses, costs and damages including attorney's fees resulting from your use or inability to use the Site, participation in any Program, products or services purchased or obtained by You in connection with the Site, any Site postings or activity related to your account made by You or another person, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to his section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us as a result of this claim. You shall not in any event settle any matter without prior written consent of Butler and White’s in New Jersey, this indemnification provision does not apply to your liability resulting from intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of Butler and White’s.
14. Copyright, Trademarks and other Intellectual Property
You acknowledge that this Site and all materials on the Site or provided in connection with the Programs, including without limitation the Site’s or Programs design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by China and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site are the sole property Butler and White’s or it’s affiliates. In addition all page headers, custom graphics and custom icons are Marks of Butler and White’s. Butler and White’s provides a limited, non-exclusive, non-transferable, non-transferable, revocable license to access and use the Materials and Marks only in the manner permitted by Butler and White’s for your personal and non-commercial use only (the “License”). You agree not to copy, modify, use, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site, Materials or Marks other than as expressly authorized by Butler and White’s in writing. This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted here in are reserved by Butler and White’s and its endorsers. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of Butler and White’s by the respective trademark owners, or by Butler and White’s of the respective trademark owners.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
16. Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".
17. Applicable Law; Jurisdiction
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the China, without giving effect to any choice of law or conflict of law. Judgment on the award may be entered in the court where the Butler and White’s company is located.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of Butler and White’s to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of butler and whites Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
19. Contact Us:
If you have any further questions, contact our Customer Service; email@example.com