Terms & Conditions


TERMS AND CONDITIONS


1.     Introduction

 

1.1    This document (together with any documents referred to in it) tell you the Terms and Conditions (the “Conditions”) upon which we sell the Goods and supply the Services to you.  You may print a copy for future reference.  Please read these Terms and Conditions to make sure that they are acceptable to you.

 

1.2    These Terms and Conditions apply to the purchase of Goods or Services or Goods and Services by you (the “Customer” or “you”).

 

1.3    These are the terms on which we sell all Goods or Services or Goods and Services to you.  By ordering any of the Goods, you agree to be bound by these Terms and Conditions. 

 

1.4    Customer/consumer means an individual who purchases Goods or Services or Goods and Services for personal use only.  We intend that these Terms and Conditions apply only to an Order entered into by you as a Customer/Consumer.  If this is not the case, you must tell us, so that we can provide you with different Terms which are more appropriate for you.

 

1.5    Goods means the Goods listed on the Website which we may supply.

 

1.6    Services means the Services listed on the Website which we may supply.

 

1.7    Order means the Customer’s requires for the Goods from us as submitted on the Website. By placing an Order you are entering into a legally binding contract. 

 

1.8    Distant Contract means a Contract concluded between a Trader and a Consumer unit an organised Distant Sales or Services Provision Scheme without the simultaneous physical presence of the Trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.

 

1.9    Sales Contract means a Contract under which a Trader transfers or agrees to transfer the ownership of Goods or Services or Goods and Services to a Consumer and the Consumer pays or agrees to pay the price, including any Contract that has both Goods and Services as its object.

 

 

1.10   Business Day: a day other than a Saturday, Sunday or Public Holiday when banks in London are open for business.

 

1.11   Event Outside Our Control has the meaning given in Clause 16.

 

1.12   Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

 

1.13   Website means our website www.caitlincandles.co.uk on which the Goods and Services are advertised.

 

1.14   Before confirming your order, please read through these Conditions and, in particular, our Cancellations and Returns Policy at Clause 12 and limitation of our liability and your indemnity at Clause 14.

 

1.15   By ordering any of the Goods or Services or Goods and Services, you agree to be legally bound by these Conditions.  You will be unable to proceed with your transaction if you do not accept these Terms and Conditions.

 

2.     About Us

 

2.1    This Website is owned and operated by Caitlin Blake trading as Caitlin Candles (“we”/”us”/”our”) of 452 Goresbrook Road, Dagenham, Essex RM9 4UX.

 

2.2    Our telephone number is xxxxx xxxxxx

 

2.3    Our email address is caitlincandles@outlook.com

 

3.     Overseas Orders

 

3.1    This Website is intended only for use by customers resident in England, Wales, Scotland and Northern Ireland (The United Kingdom).  We do not accept orders for Goods from individuals located outside the United Kingdom.

 

4.     Eligibility to Purchase from the Website

 

4.1    To be eligible to purchase the Goods and Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.

 

5.     Price

 

5.1    The prices of the Goods and Services are quoted on the order page.

 

5.2    Prices and any other charges quoted on the order page are based on delivery of the Goods and performance of the Services in the United Kingdom.

 

5.3    Prices quoted include the costs of delivery of the Goods.

 

5.4    Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).

 

6.     Payment

 

6.1    The price of the Goods or Services or Goods and Services and any additional delivery, if applicable, is set out on the Website at the date of the Order or such other price as may be agreed in writing.  The prices shown on the Website are inclusive of all P&P costs to Mainland UK.

 

6.2    Payment is processed via PayPal.  You must pay by submitting your credit or debit card details with your Order and full payment must be made before delivery of the Goods.  Caitlin Candles are not privy to, nor do we retain, your payment information.

 

6.3    By placing an order, you consent to payment being charged to your PayPal account.

 

6.4    You must pay 100 percent of the price of the Goods and Services in advance. 

 

6.5    We shall contact you should any problems occur with the payment through your PayPal account.

 

6.6    You do not own the Goods or Services or Goods and Services until we have received payment in full.

 

7.     Order Process and Formation of a Contract

 

7.1    Our Website, Catalogue and Brochure merely illustrate our Goods and the packaging of the Goods.  Your computer may not accurately display the colours of the Goods.  Although we aim to accurately depict our Goods an their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our Catalogue and Brochure.

 

7.2    In the case of any Goods or Services or Goods and Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.  We are not responsible for any inaccuracies  in the Order placed by you.

 

7.3    The Order process is set out on the Website.  It is your responsibility to check that you have used the ordering process correctly.

 

7.3    All orders are subject to acceptable and availability.  If we are unable to supply you with the Goods or Services or Goods and Services in your order due to matters such as unavailability of stock, materials, key staff or Events Out of Our Control or because we have identified a mistake in the description of the Goods or Services or Goods and Services or the price stated by us, we will notify you.  We will not proceed with the order and will refund any sums you have paid us.

 

7.4    If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available.  You will have the option either to wait until they are available or to cancel your order.  If you cancel your order, we will refund any sums you have paid us.

 

7.5    Any order placed by you for the Goods or Services or Goods and Services constitutes an offer to purchase them from us.

 

7.6    You agree that if we contact you to acknowledge receipt of your order, such communication shall not amount to our acceptance of your offer to purchase the Goods or Services or Goods and Services.

 

7.7    A “Confirmation Notice” means an email which we send you to confirm that we have dispatched the Goods and/or shall be providing the requested Services.  A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.

 

7.8    A Contract between you and us for the supply of the Goods or Services or Goods and Services (the “Contract”) incorporating a version of the Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order.  You may print and keep a copy of the Confirmation Notice for future reference.

 

7.9    If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this.  If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request.  We will ask you if you wish to go ahead with the change.

 

7.10   We may make

 

7.10.1 Minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements.

 

7.10.2 Changes to these Conditions as a result of changes in any relevant laws and regulatory requirements.

 

7.10.3 Changes to these Conditions as a result of changes in how we accept payment from you.

 

7.10.4 Changes in the amount payable to you to the extent of any changes in the VAT include in the price or payable in relation to the price.

 

7.11   If we make any changes in accordance with Clause 7.9, we will give you written notice of the changes before we supply the Goods or Services or Goods and Services.  You can choose to cancel the Contract if the change would be significantly to your disadvantage.

 

7.12   Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in Clause 7.9 shall only be binding when agreed in writing and signed by you and us. 

 

 

8.     Delivery

 

8.1    The Goods will be delivered to you at the address you provided during the order process, which may be an address other than the billing address.

 

8.2    Any dates quoted for delivery of the Goods are approximate only.  If no date is specified then it will take place as soon as reasonably possible, but in any event, within 30 days of the date of the Confirmation Notice, unless there is an Event Outside Our Control, in which case Clause 16 shall apply.

 

8.3    We do not allow collection of Goods or Services or Goods and Services from our premises. 

 

8.4    We do not hand deliver any Goods or Services or Goods and Services. 

 

8.5    If you have asked us to use an independent carrier other than our normal carrier to deliver the Goods to you, delivery shall occur when we deliver the Goods to that carrier.

 

8.6    You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.

 

8.7    If no one is present at your delivery address to take delivery, the carrier will advise you of their attempted delivery.  You must then contact the carrier to make arrangements for them to deliver the Goods.

 

8.8    We may end the Contract with your and charge you for any extra storage costs we have incurred if

 

8.8.1  You have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.

 

8.9    For Christmas deliveries, we recommend that you check the Website for the last order date.  We will endeavour to dispatch all Goods that are in stock within 24 hours.  However, we cannot guarantee delivery by 24th December 2018.

 

9.     Performance of Services

 

9.1    The Services will be performed at the address or by the means specified by us when we accept the order.

 

9.2    When we accept the order, we ill confirm estimated start and completion dates for the performance of the Services.  We will endeavour to perform the Services in accordance with these estimated dates and will perform the Services within a reasonable time from the date we accept the order.

 

9.3    In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the ate we accept the order, Clause 16 will apply.

 

9.4    If we need to provide the Services at the premises occupied by you, you will provide access to the premises n the date we have agreed for the Services to be carried out.

 

9.5    If you fail to provide access to the premises on the agreed date

 

9.5.1  You must pay us additional costs incurred by us in providing the Services to you.

 

9.5.2  In the event that, despite our reasonable efforts, we are unable to obtain access to the premises to provide the Services, we may end the Contract with you.  We will refund you any money you have paid, less our reasonable costs incurred in attempting to perform the Contract.

 

9.6    If we need to install Goods at the premises occupied by your, we will be entitled to assume that

 

9.6.1  The premises are adequately supplied with utilities including, without limitation, water, electricity, gas, telephone and internet connection.

 

9.6.2  The fittings, walls, pipes, wiring, gas installations and other parts of the premises to which the goods must be attached are in good working order and suitable for such attachment and

 

9.6.3  Any goods to which the Goods must be attached are in good working order and suitable for such attachment.

 

9.7    If we ask you to provide us with information in order for us to provide the Services, you must provide us with complete and accurate information by the date we request that you provide it by, otherwise

 

9.7.1  You must pay us any reasonable sum we charge you to cover any extra work that is necessary as a result of your providing incomplete or inaccurate information.

 

9.7.2  You must  pay us any additional costs incurred by us in providing the Services to you resulting from you not providing such information to us by the date we have requested.

 

9.7.3  We may suspend the Services by giving you written notice unless you agree to pay such extra costs.

 

9.7.4  In the event that, despite our reasonable efforts, we are unable to obtain the requested information from you and are therefore unable to supply the Services, we may end the contract with you.  We will refund you any money you have paid, less our reasonable costs incurred in attempting to perform the Contract.

 

9.8    We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.

 

9.9    If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but you will remain liable to pay any invoices we have already sent you for Services we have already performed.

 

10.    If there is a Problem with the Services

 

10.1   If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill

 

10.1.1 You should provide us with details of the problem as soon as reasonably possible.

 

10.1.2 If we repeat performance of the Services to fix the problem, we will do so at our own cost and as soon as reasonably practicable.

 

10.2   As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.  Nothing in these Conditions will affect these legal rights.

 

11.    Risk and Title

 

11.1   The Goods will be at your risk from the time of delivery.

 

11.2   Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them, including the cost of delivery.

 

12.    Cancelling Your Contract and Returns

 

12.1   This is a Distance Contract (as defined) which has the cancellation rights as set out below. 

 

12.2   Cancelling before Confirmation Notice

 

12.1.1 You may cancel your order at any time prior to us sending you a Confirmation Notice. We aim to send such Confirmation Notice within 24 hours of your placing an Order.

 

12.1.2 You may notify us of your decision to cancel by contacting us on telephone number xxxxx xxxxxx or by sending us an email to caitlincandles@outlook.com or by post to 452 Goresbrook Road, Dagenham, Essex RM9 4UX.

 

12.2   Cancellation after Confirmation Notice

 

12.2.1 If the Contract is for the supply of Goods only or Goods and Services with the main purpose being the supply of Goods, the “Cancellation Period” means the period between the date we send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods.

 

12.2.2 If the Contract is for the supply of Goods and Services with the main purpose being the supply of Goods and you wish us to begin to supply the Services before the expiry of the Cancellation Period in clause you must request us to do this.

 

12.2.3 If the Contract is for the supply of Services only, or Goods and Services with the main purpose being the supply of Services

 

12.2.3.1      The Cancellation Period means the period of 14 days starting with and including the day after we send you a Confirmation Notice

 

12.2.3.2      If you wish us to being the supply of the Services during the Cancellation Period, you must request us to do this and you must acknowledge that you will lose the right to cancel once the Services have been fully performed.

 

12.2.3.3      Unless the Services have been fully performed under the Contract in accordance with your request and acknowledgement referred to in clause and subject to clause 12.5, you may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel.

 

12.2.3.4      You will lose your right to cancel the Contract once the Services have been fully performed in accordance with your request and acknowledgement.

 

       12.2.4 You may notify us of your decision to cancel by contacting us on telephone number xxxx xxxxxx or by sending us an email to caitlincandles@outlook.com or by post to 452 Goresbrook Road, Dagenham, Essex RM9 4UX.

 

       12.2.5 If you cancel the Contract after we have begun the supply of the Services in accordance with your request, you must pay us for the Services we have supplied to you before we received notice of your cancellation.

 

12.3   Return of Goods

 

       12.3.1 There is no automatic right of return if you have simply changed your mind or the item you have received is an unwanted gift.

 

       12.3.2 Under the Consumer Rights Act 2015, you may be entitled to a refund or replacement of your item here the goods are faulty or not as described.

 

       12.3.3 If you feel that the item you have received is faulty or not as described, please contact me at caitlincandles@outlook.com stating your Order Number, Name and Address and reason for the fault/misdescription.

 

       12.3.4 Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions.  You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.

 

       12.3.5 You must return the Goods at your own risk and at your own cost.

 

       12.3.6 We cannot refund a Purchase unless I receive it.  I therefore recommend that all items be returned using Royal Mail Signed For delivery or a Courier Service.  I am unable to make a refund of items lost in the post.  The return Order will remain your responsibility until it has been signed for by Caitlin Candles.

 

       12.3.7 We are unable to be responsible for any damage caused by the Carrier during the return delivery process.  In this instance, a claim must be made via Royal Mail or the Courier Service.

 

       12.3.8 If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct if from any money which you have paid us.

 

12.4   Refunds on Cancellation

 

       12.4.1 So long as you are entitled to cancel and have complied with your obligations under clauses 12.2 and 12.3, we will refund you the balance of the price you paid to us after deducting

 

              12.4.1.1      The value of the Services we supplied before we received your Cancellation Notice

 

              12.4.1.2      Any reduction in the value of the Goods in accordance with Clause 12.3.3

 

       12.4.2 If the Contract is for the supply of goods only or for Goods and Services with the main purpose being the supply of Goods, we will refund you the sum in Clause 12.4.1 within 14 days after the earlier of

             

              12.4.2.1      The day on which we receive the Goods back from you or

 

       12.4.3 If the Contract is for the supply of Services only for or for the supply of Goods and Services with the main purpose being the supply of Services, we will refund you the sum in Clause 12.4.1 within 14 days of our receipt of your Cancellation Notice.

 

       12.4.4 We will refund you the sum in Clause 12.4.1 using the same method of payment used by you.

 

12.5   Exception to the Right to Cancel

 

You will not have the right to cancel in the following situations

 

       12.5.1 The Contract is for Goods which are bespoke or have been personalised.

 

       12.5.2 The Contract is for Services where there is a specific date or period for performance

 

13.    Complaints

 

13.1   If you have a comment, concern or complaint about any Goods and Services you have purchased from us, please contact us on telephone number xxxxx xxxxxx, by email at caitlincandles@outlook.com or by post at 452 Goresbrook Road, Dagenham, Essex RM9 4UX.

 

13.2   We will try to avoid any dispute, so please contact us in the first instance so we can deal with any complaint you may have.

 

13.3   We aim to follow the following codes of contact, copies of which you can obtain as follows:

       Regulation (EC) 1223/2009 (Article 13) details of which are available on our Cosmetic Safety Information Page.

 

 

14.    Liability and Indemnity

 

       14.1   We have a duty to supply Goods and Services to you that conform to the Contract, including a duty to ensure that

 

              14.1.1 The Goods are as described in the Contract.

 

              14.1.2 The Goods correspond to any samples we have sent you.

             

              14.1.3 The Goods are fit for any purpose you specifically told us they were required for and are not faulty

 

              14.1.4 The Services are carried out with reasonable care and skill

 

       14.2   We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause.  Nothing in these Conditions affects your legal rights if these duties are not complied with.  You can obtain advice about your legal rights from Citizens Advice if you need to.

 

       14.3   We cannot exclude or limit or responsibility to you for

 

              14.3.1 Death or personal injury resulting from our negligence or the negligence of our employees.

 

              14.3.2 Fraud or fraudulent misrepresentation.

 

              14.3.3 A claim for a defective product against us if we do not give you the name or the person who supplied the product to us within a reasonable time of your request for us to do so.

 

       14.4   We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.  We are not responsible for unforeseeable losses.

 

       14.5   You are purchasing Goods or Services or Goods and Services as a consumer.  If you purchase the Goods or Services or Goods and Services for any business purpose, including for re-sale, we will not be liable for any business losses, loss of profits, loss of Contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.

 

       14.6   We will not be responsible for any delay in delivering the Goods and performing the Services if

 

              14.6.1 We have asked you to provide specified information that is necessary for delivering the goods and performing the Services.

 

              14.6.2 You have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.

 

       14.7   We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.

 

       14.8   It is not a failure if the failure has its origin in your own Materials and/or Personalisation Requirements.

 

15.    Our Rights of Termination

 

We reserve the right to terminate the Contract by writing to you if you fail to make payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.

 

16.    Events Outside Our Control

 

       16.1   Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to your resulting from any act, event, omission, failure or accident outside our reasonable control (“Event Outside Our Control”).

 

       16.2   We will take all reasonable steps to minimise a delay in performing our obligations to your which arises from an Event Outside Our Control.

 

       16.3   We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.

 

       16.4   Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.

 

       16.5   You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods and Services which we have been unable to deliver to you.

 

17.    Use of Personal Data and Third Party Rights

 

17.1   Please see our separate Privacy Policy.  We retain and use all information strictly under the Privacy Policy.

 

17.2   Your personal information is always kept private and confidential.  We do not share your information with other parties.

 

17.3   None of your payment information is retained by Caitlin Candles.

 

18.    Other Important Terms

 

       18.1   We reserve the right to change the domain address of this Website and any Services, Products, Product Prices, Product Specifications and availability at any time.

 

       18.2   Every effort is made to keep information regarding stock availability on the Website up to date.  However, we do not guarantee that this is the case, or that stock will always be available.

 

       18.3   If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

 

       18.4   All Contracts are concluded in English only.

 

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

 

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

 

19.    Governing Law

 

These Conditions and the Contract are governed by the laws of England and Wales.  However, if you live outside England and Wales, but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.

 

 

20.    Governing Jurisdiction

 

 

You can bring legal proceedings in respect of the Goods or Services or Goods and Services in the Courts of England and Wales.  If you live in Scotland, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the Courts of Scotland or England and Wales.  If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the Courts of Northern Ireland or England and Wales.  If you live in another country in the EU, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the Courts of your home country or England and Wales.