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Terms & Conditions

The legal bit!

We can accept your order to make a legally enforceable agreement without further reference to you so it's important you read these terms and conditions to make sure that you're happy with the details of that agreement.

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Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are Winter Wick Candle Co., whose trading name is Winter Wick and whose trading address is www.winterwick.co.uk, with a contact email address of info@winterwick.co.uk.

  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

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Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;

  3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

  6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

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

  8. Website means our website www.winterwick.co.uk on which the Goods are advertised.

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Goods

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size, weight and colour of Goods supplied.

  2. For bespoke Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All Goods which appear on the Website are subject to availability.

  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal information

  1. We retain and use customer information responsibly under the Privacy Policy.

  2. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.

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Basis of Sale

  1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

  4. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

  5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with commercial contract terms .

 

Price and Payment

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

  2. You must pay by submitting your credit or debit card details with your Order where payment is taken immediately or otherwise before delivery of the Goods.

 

Delivery

  1. We will despatch the Goods, to the delivery Location within the agreed period and, in any event, not more than 30 days after the day on which the Contract is entered into.

  2. In any case, regardless of events beyond our control, if we do not despatch the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

    1. we have refused to despatch the Goods, or if despatch on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that despatch on time was essential; or

    2. after we have failed to despatch on time, you have specified a later period which is appropriate to the circumstances and we have not despatched within that period.

  3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

  4. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

  5. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

  6. You agree we may despatch the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

  7. The Goods will become your responsibility from the completion of despatch or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are despatched to you.

  2. You do not own the Goods until we have received payment in full.  For commercial orders, if full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

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Withdrawal, returns and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

    1. This is a distance contract (as defined below) which has cancellation rights (Cancellation Rights) set out below. These Cancellation Rights do not apply, to a contract in the following circumstances:​​                                        1.  goods that are made to your specifications or are clearly personalised.

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Right to cancel

  1. As stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

  2. The cancellation period will expire after 14 days from the day on which you, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg email).

  4. To meet the cancellation deadline, you are obligated to send your communication exercising the right to cancel before the cancellation period has expired.

 

Effects of cancellation in the cancellation period

  1. If you cancel this Contract, we will reimburse to you any payment received from you, excluding delivery.

 

Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

    1. 14 days after the day we receive back from you any Goods supplied, or

    2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

2.  If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue        delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

3.  We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you          have expressly agreed otherwise and you will not incur any fees as a result of the reimbursement.

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Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

  2. Goods must be returned in an unused condition with original packaging.

 

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  2. These Terms and Conditions should be read alongside, and are in addition to our policies.

  3. For the purposes of these Terms and Conditions:

    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

    2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

  4. We are a Data Controller of the Personal Data we Process in providing Goods to you.

  5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    2. we will only Process Personal Data for the purposes identified;

    3. we will respect your rights in relation to your Personal Data; and

    4. we will implement technical and organisational measures to ensure your Personal Data is secure.  

    5. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@winterwick.co.uk.

 

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

  3. We try to avoid any dispute, so we deal with complaints in the following way: If a complaint arises customers should contact us directly and they will receive a response within five working days.   We aim to work with the customer to resolve all complaints to satisfaction.

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