Terms and conditions
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products
through our website.
1.2 You will be asked to give your express agreement to these terms and
conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a
consumer (such as rights under the Sale of Goods Act 1979 or the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations
2013).
2. Order process
2.1 The advertising of products on our website constitutes an "invitation to
treat" rather than a contractual offer.
2.2 No contract will come into force between you and us unless and until we
accept your order in accordance with the procedure set out in this Section 3.
2.3 To enter into a contract through our website to purchase products from us,
the following steps must be taken: [you must add the products you wish to
purchase to your shopping cart, and then proceed to the checkout; if you
are a new customer, you must then create an account with us and log in; if
you are an existing customer, you must enter your login details; once you
are logged in, you must select your preferred method of delivery and
confirm your order and your consent to the terms of this document; you will
be transferred to our payment service provider's website, and our payment
service provider will handle your payment; we will then send you an initial
acknowledgement; and once we have checked whether we are able to meet
your order, we will either send you an order confirmation (at which point
your order will become a binding contract) or we will confirm by email that
we are unable to meet your order.
3. Products
3.1 The following types of products are or may be available on our website from
time to time:
Handmade carved candles, handmade molded candles, hand painted v candles,
handmade jewellery, paintings, images, pictures and photographs, hand carved
and hand painted glass, pottery, textile and custom made hand craft. Other original
handmade pieces.
3.2 We may periodically change the products available on our website, and we
do not undertake to continue to supply any particular product or type of
product.
4. Prices
4.1 Our prices are quoted on our website.
5. Payments
5.1 You must, during the checkout process, pay the prices of the products you
order.
5.2 Payments may be made by [any of the permitted methods specified on our
website from time to time].
5.3 If you fail to pay to us any amount due under these terms and conditions in
accordance with the provisions of these terms and conditions, then we may
withhold the products ordered and/or by written notice to you at any time
cancel the contract of sale for the products.
5.4 [If you make an unjustified credit card, debit card or other charge-back then
you will be liable to pay us, within [7 days] following the date of our written
request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back
(including charges made by our or your bank or payment processor
or card issuer);
(c) an administration fee of [GBP 25.00 including VAT]; and
(d) all our reasonable costs, losses and expenses incurred in recovering
the amounts referred to in this Section
5.5 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember
the source of an entry on your card statement or other financial statement,
and make a charge-back as a result, this will constitute an unjustified
charge-back for the purposes of this Section 5.4.]
6. Deliveries
6.1 Our policies and procedures relating to the delivery of products are set out
[in this Section 6 / in our delivery policy document].
6.2 [We will arrange for the products you purchase to be delivered to the
delivery address you specify during the checkout process.]
6.3 [We will use reasonable endeavours to deliver your products on or before
the date for delivery set out in the order confirmation or, if no date is set out
in the order confirmation, within [7 days following the date of the order
confirmation]; however, we do not guarantee delivery by this date.]
6.4 [We do guarantee that unless there are exceptional circumstances all
deliveries of products will be dispatched within [30] days following the later
of receipt of payment and the date of the order confirmation.]
6.5 [We will only deliver products [to addresses on the UK mainland].]
7. Distance contracts: cancellation right
7.1 This Section 7 applies if and only if you offer to contract with us, or contract
with us, as a consumer - that is, as an individual acting wholly or mainly
outside your trade, business, craft or profession.
7.2 You may withdraw an offer to enter into a contract with us through our
website or cancel a contract entered into with us through our website
(without giving any reason for your withdrawal or cancellation) at any time
within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products
come into your physical possession or the physical possession of a
person identified by you to take possession of them (or, if the
contract is for delivery of multiple products, lots or pieces of
something, 14 days after the day on which the last of those products,
lots or pieces comes into your physical possession or the physical
possession of a period identified by you to take possession of them).
7.3 In order to withdraw an offer to contract or cancel a contract on the basis
described in this Section 8, you must inform us of your decision to withdraw
or cancel (as the case may be). You may inform us by means of any clear
statement setting out the decision. In the case of cancellation, you may
inform us using the cancellation form that we will make available to you. To
meet the cancellation deadline, it is sufficient for you to send your
communication concerning the exercise of the right to cancel before the
cancellation period has expired.
7.4 If you cancel a contract on the basis described in this Section 8, you must
send the products back to us (to [return address]) or hand them over to us
or a person authorised by us to receive them. You must comply with your
obligations referred to in this Section 8 without undue delay and in any
event not later than 14 days after the day on which you inform us of your
decision to cancel the contract. You must pay the direct cost of returning the
products.
7.5 If you cancel an order in accordance with this Section 8, you will receive a
full refund of the amount you paid to us in respect of the order including the
costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive
kind of delivery that we offer, we reserve the right to retain the
difference in cost between the kind of delivery you chose and the
least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
7.6 If the value of the products returned by you is diminished by any amount as
a result of the handling of those products by you beyond what is necessary
to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover
that amount by deducting it from any refund due to you or require you to
pay that amount direct to us. Handling which goes beyond the sort of
handling that might reasonably be allowed in a shop will be "beyond what is
necessary to establish the nature, characteristics and functioning of the
products" for these purposes.
7.7 We will refund money using the same method used to make the payment,
unless you have expressly agreed otherwise. In any case, you will not incur
any fees as a result of the refund.
7.8 Unless we have offered to collect the products, we will process a refund due
to you as a result of a cancellation on the basis described in this Section 8
within the period of 14 days after the day on which we receive the returned
products or (if earlier) after the day on which you supply to us evidence of
having sent the products back. If we have not sent the products to you at
the time of withdrawal or cancellation or have offered to collect the
products, we will process a refund due to you without undue delay and, in
any case, within the period of 14 days after the day on which we are
informed of the withdrawal or cancellation.
7.9 You will not have any right to cancel a contract as described in this Section 7
insofar as the contract relates to:
(a) [the supply of any sealed audio recordings, sealed video recordings
or sealed computer software which have been unsealed by you;]
(b) [the supply of products the price of which is dependent upon
fluctuations in financial markets which we cannot control and which
may occur during the cancellation period;]
(c) [the supply of newspapers, periodicals or magazines, with the
exception of subscription contracts for the supply of such
publications;]
(d) [the supply of goods which are liable to deteriorate or expire rapidly;]
(e) [the supply of non-prefabricated goods that are made on the basis of
an individual choice of or decision by you, or goods that are clearly
personalised;]
(f) [the supply of sealed goods which are not suitable for return due to
health protection or hygiene reasons, where such goods have been
unsealed by you; and]
(g) [the supply of goods which are, according to their nature, inseparably
mixed with other items after delivery.]
8. Terms of use & warranties
All the products are handmade. With righ way of use you can keep original appearance of products longer.
- Original appearance of jewelry you can keep longer if you follow these tips:
- Keep jewelry away from extreme sources of heat because materials will melt easily.
- Remove your jewelry and do not wear it while you engage in activities that may damage the product. Examples of these harmful activities include sporting activities, housework, gardening and construction.
- Store jewelry carefully by wrapping it in tissue paper or a soft cloth and placing it in a jewelry box where it will not be bumped or scratched. Minimize contact of jewelry with water.
- Protect them from perfumes, lotions, hair lacquers and other chemicals.
- Do not sleep with any jewel
Candles: Failure to follow instructions could result in fire hazard or injury: Keep out of reach of children and pets. Do not burn candle on or near anything that can catch fire. Avoid drafts and excessive burning candle. Never leave burning candle unattended. Always use fireproof pad.
Candles are fragile, however, because they are carved, so be careful when unpacking. Gently grasp the top and pull out of the box. The best and safe way how to unwrap the candle from the bubble wrap is on the soft surface (bed, pillow...).
We will not accept your product return if you will dammage it with incorrect way of unpacking.
9. Breach of product warranty
9.1 If you believe that products you have purchased from us breach any of the
warranties set out in Section
9.2 please contact us to discuss the issue and
arrangements for the return of the products. If products you purchase from us do not conform with the warranties set out
in Section 8 then you will be entitled to a refund of all amounts paid in
respect of those products. Alternatively and subject to availability, we may
agree to supply you with replacement products, in which case we will pay
the cost of delivering those replacement products to you. In either case we
will reimburse you for your reasonable expenses incurred in returning the
products to us.
9.3 If you return a product in contravention of these terms and conditions, and
you do not have any other legal right to a refund or exchange in respect of
that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such
additional amount as we may charge for re-delivery of the returned
product; and
(c) if we do not receive payment of such additional amount within 14
days of issuing a request for payment, we may destroy or otherwise
dispose of the returned product in our sole discretion without any
liability to you.
10. Order cancellation
10.1 We may cancel a contract under these terms and conditions immediately, by
giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under the
contract; or
(b) you commit any breach of the terms of the contract.
10.2 We may cancel a contract under these terms and conditions by written
notice to you if we are prevented from fulfilling that contract by any event
beyond our reasonable control, including without limitation any unavailability
of raw materials, components or products, or any power failure, industrial
dispute affecting any third party, governmental regulations, fire, flood,
disaster, riot, terrorist attack or war.
11. Consequences of order cancellation
11.1 If a contract under these terms and conditions is cancelled in accordance
with Section 11:
(a) we will cease to have any obligation to deliver products which are
undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for
products which have been delivered at the date of cancellation
(without prejudice to any right we may have to recover the
products); and(c) all the other provisions of these terms and conditions will cease to
have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and
21 will survive termination and continue in effect indefinitely.
12. Scope
12.1 These terms and conditions shall not constitute or effect any assignment or
licence of any intellectual property rights.
12.2 These terms and conditions shall not govern the licensing of works
(including software and literary works) comprised or stored in products.
12.3 These terms and conditions shall not govern the provision of any services by
us or any third party in relation to the products (other than delivery
services).
13. No breach of any provision of a contract under these terms and conditions
will be waived except with the express written consent of the party not in
breach.
14. No waiver of any breach of any provision of a contract under these terms
and conditions shall be construed as a further or continuing waiver of any
breach of that provision or any other provision of that contract.
15. These terms and conditions[, together with [our
delivery policy and our returns policy],] shall constitute the entire
agreement between you and us in relation to the sale and purchase of our
products and shall supersede all previous agreements between you and us in
relation to the sale and purchase of our products.