BY ACCESSING THESE WEBSITES AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THESE WEBSITES INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE
THESE WEBSITES.
These websites are operated by: Martin Wooldridge, Anne-Marie Wooldridge trading as Wax and Wane Handcrafted Candles.
We are a member of the following trade associations/professional bodies: National Federation of Small Business
Our contact details are as follows: Trading address:
Office
2 Rasen Turn
High Street
Faldingworth
Lincolnshire United Kingdom, LN8 3SE. General email: info@waxandwane.co.uk Telephone number: 0845 095 34 57 Fax number 0845 095 34 57
1. INTRODUCTION
1.1 You will be able to access most areas of these Websites without registering your details with us. Certain areas of
these Websites are only open to you if you register. 1.2 We may revise these terms and conditions at any time by updating this posting. You should check
these Websites from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of
these Websites. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use
these Websites.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered, delivery information and limitations.
Personalised candle orders, we will confirm all the personalised details
back to you for your confirmation. 2.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. 2.3 We may refuse to accept an order: (a) where goods are not available; (b) where the timescale is to short for delivery in time for the date
required ( personalised candles); (c) where we cannot obtain authorisation for your payment; (d) if there has been a pricing or product description error; or (e) if you do not meet any eligibility criteria set out in our terms and conditions. All the Products on Wax and Wane's web-site are subject to availability and we must therefore reserve the right in exceptional circumstances: to limit quantities of Products we supply; to supply only part of an order or to divide up orders; to alter the availability and duration of, and to terminate at any time, any special offers. We will use all reasonable endeavours to ensure your purchases are delivered promptly but we cannot guarantee that there will be no delays in delivery, and accept no liability.
3 Dispatch and Delivery
Most orders are dispatched within 48 hours ( for
personalised candles see below ) We will confirm your order with a
dispatch, expected delivery date and delivery information.
Personalised candle orders are subject to our published order times,
although we will try to be as flexible as possible if you do not have the
required amount of time. Personalised
Candle order Times
All personalised candle orders are confirmed back to you via email or
telephone for your confirmation of details, design and spellings etc.
Most Mainland Britain deliveries are dispatched though our carriers
Interlink Express or Royal Mail usually on a next working day service following dispatch,
delivery is usually between 8am and 3pm and will require a
signature. for some products we will use Royal Mail, but you will be
advised of delivery company when we confirm your dispatch date. Highlands
of Scotland, Islands and Channel Islands, we use Royal Mail and delivery
may be extended, but we will inform you of this in your confirmation of
order.
Overseas Orders
We will always contact you to confirm the cost of shipping your order for
your agreement, each order is costed on an individual size and weight
basis. Most overseas orders are dispatched on a signed for basis via Royal
Mail, although we reserve the right to change the carrier at any time. We
currently mainly ship to The European Union, USA, Canada, Australia,
New Zealand and Hong Kong. We are able to ship to other countries,if you
are unsure please contact us but we do not
ship to Nigeria.
4. PRICING
4.1 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on
these Websites, offshore and overseas orders will always be quoted on an individual shipping basis. 4.2 Our prices are reviewed periodically and the next review will be on
01/01/2007.
5. CANCELLATION AND RETURNS POLICY
5.1 If you wish to cancel your order: (a) you can notify us
by email to info@waxandwane.co.uk
or by telephone 0845 095 34 57 before we have dispatched the goods to you; or (b) where goods have already been dispatched to you, by returning goods to us in accordance with clause
5.2 below. 5.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt
in the original packaging for a full refund of the product cost or
exchange, please notify us of the return. The costs of returning goods to us shall be borne by you.
The responsibility of the goods only passes to Wax and Wane once they are safely delivered to our Lincoln workshop in the state they were dispatched.
Proof of posting is not proof of receipt 5.3 Upon receipt of the goods we will give you a full refund of the amount paid for the product or an exchange credit as required.
We reserve the right to charge a 25% re-stocking fee in certain
circumstances. 5.4 The rights to return the goods to us as referred to in clause
5.3 will not apply in the following circumstances: -
In the event that the product has been used. Unwrapped from original finished presentation to any products that we have made, personalised or customised specifically for you
The provisions of this clause 5.4 do not affect your statutory rights.
6. LICENCE
6.1 You are permitted to print and download extracts from these
Websites for your own use on the following basis: (a) no documents or related graphics on
these Websites are modified in any way; (b) no graphics on these
Websites are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies. 6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on
these Websites (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from
these Websites other than in accordance with clause
6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use
these Websites automatically terminates and you must immediately destroy any downloaded or printed extracts from
these Websites. 6.3 Subject to clause
6.1, no part of these Websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 6.4 Any rights not expressly granted in these terms are reserved.
7. SERVICE ACCESS
7.1 While we endeavour to ensure that these Websites is normally available 24 hours a day, we will not be liable if for any reason
these Websites is unavailable at any time or for any period. 7.2 Access to
these Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8. VISITOR MATERIAL AND CONDUCT
8.1 Other than personally identifiable information, which is covered under the Privacy Policy
privacy policy, any material you transmit or post to
these Websites will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 8.2 You are prohibited from posting or transmitting to or from
these Websites any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 8.3 You may not misuse the Website (including, without limitation, by hacking). 8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses
8.2 or 8.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on these Websites are provided solely for your convenience. If you use these links, you leave
these Websites. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to
these Websites, you do so entirely at your own risk. 9.2 You may not create any links to
these Websites. 9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause
9.2.
10. REGISTRATION
10.1 To register with the website Mailing list you must be over eighteen years of age. 10.2 Our newsletters are designed to keep you up to date with our new products and special offers. 10.3 Our newsletters will normally be sent out no more than once per month.
Our mailing list is for our use only, we do not sell or pass on your information to third parties. You may remove yourself from the mailing list at any time.
Click here to join our mailing list. 10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11. DISCLAIMER
11.1 While we endeavour to ensure that the information on these
Websites is correct, we do not warrant the accuracy and completeness of the material on
these Websites. We may make changes to the material on these Websites, or to the products and prices described in it, at any time without notice. The material on
these Websites may be out of date, and we make no commitment to update such material. 11.2 The material on
these Websites is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with
these Websites on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to
these Websites.
12. LIABILITY
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering
these Websites), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with
these Websites in any way or in connection with the use, inability to use or the results of use of
these Websites, any websites linked to these Websites or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing
these Websites or your downloading of any material from these Websites or any websites linked to
these Websites. 12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 12.3 If your use of material on
these Websites results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of
these Websites, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. 13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access
these Websites from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14. MISCELLANEOUS
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. 14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Title of goods The title of the goods passes from Wax and Wane once the funds
have been cleared, irrespective of how payment is made. If payment
is withdrawn for whatever reason by the credit / debit card company, the
goods remain the property of Wax and Wane and they reserve the right to
reclaim their goods.