Terms & Conditions
Published v1.1 – April 2021
Thank you for visiting the Cain Candles website at www.caincandles.co.uk.
These Terms & Conditions set out terms between us the website owner (Cain Candles) and you the customer.
If you do not wish to be bound by these terms and conditions then you should not use the site. Use of this website constitutes acceptance of these terms and conditions in full.
You must not copy, download, store, or distribute website content or application code unless receiving prior written permission from the site owners at [email protected].
About Us
This website is owned and operated by: Cain Candles, a partnership registered in England with its registered office address at 4 Parrington Way, Manningtree, Essex, CO11 2LZ.
Contact us at – [email protected]
Telephone – +44 (0)1206 392471
Customer Registration & Information
Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
You must not, register more than one account, disclose your password to anyone else, or allow anyone else to use your account or use anyone else’s account.
As a customer you are responsible for your customer account and actions/submissions taken within/through it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately by emailing [email protected].
We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
Product Conformity, Price, Title and Responsibility
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
We always try to ensure the product pricing displayed on the Cain Candles website is correct. However, if an error in the pricing of a product is found we reserve the right to either contact you to apologise and arrange payment of any extra sum due or refund any overpayment made by you. Where we are unable to contact you we may place the order on hold or cancel the order. If we cancel the order a full refund will be provided.
Furthermore on the checkout page(s) and all email or paper receipts any due VAT will be clearly and separately displayed as part of the total cost of your order if it is applicable.
We reserve the right to alter product pricing as we deem appropriate without notice.
Title in any products ordered from us does not pass to you, the purchaser until we have processed a valid payment and received that payment and your order has been shipped and received by you.
Placing Your Order
When you place an order via the website you will automatically receive an email confirming your order. Your order constitutes an offer to purchase goods to Cain Candles and for Cain Candles to deliver the goods detailed in your order.
Your offer is only accepted by ourselves once we have emailed you to confirm the dispatch of your order.
Product items not included within the dispatch email are not included in the order and contract between you and ourselves.
We reserve the right to delay and/or refuse orders where a transaction contains details that cannot be verified or where fraud is suspected.
If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third-party card or account.
Deliveries & Stock Availability
All orders received by us are delivered subject to stock availability.
We reserve the right to deliver products at a later date (up to 14 days after purchase) when the product ordered is not in stock at the time of purchase. In this situation, you will be contacted and offered an alternative commensurate product or a full refund instead of delivery of the product.
We cannot be held responsible for disruption to delivery caused by industrial disputes or actions outside our direct control. If such disruption occurs you will be offered delivery via an alternative courier or a full refund.
We only deliver products to UK addresses.
Cancellation Rights, Returns and Refunds
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to change your mind and cancel your order.
To exercise your right to cancel you must notify us in writing, (email [email protected] or via letter) within 14 working days from the day after you receive your goods. After notifying us you then have a further 14 working days in which to actually return the goods to us.
The notification of cancellation must be in writing, upon receipt we will acknowledge your request to cancel.
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, once your product has been used your right of cancellation, refund or return no longer exists. This does not affect your consumer rights if the product is defective.
Cancelation Rights, Returns and Refund categories are as follows:
No Longer Required
You may return any item purchased from the Cain Candles website. The product(s) must be in their original packaging, unused and in a saleable condition for a refund or exchange within 14 working days from receipt. You are within your consumer rights not to provide us with a reason for return. It will be your responsibility to pay for the return costs of the products(s). We will be unable to issue a refund when the product is in an incomplete state. Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.
It Is Faulty
If there is a fault with your product, please return it to us for investigation. We will require proof of purchase, i.e. your order reference number and/or delivery documentation. If the product is considered to be faulty we will replace the product, including Royal Mail standard postage costs or alternatively if you prefer we will refund you the cost of the product including Royal Mail standard postage. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is suitably packed for shipment back to us.
Damaged upon Receipt
If your product has been damaged when you take the receipt, contact us immediately and provide photographic evidence via email or post within 14 days of receipt. If on receipt we consider the damage was caused prior to your receipt we will replace the item for you.
How to Return
If you are returning an item to us, please ensure that you include the Dispatch Note in your parcel, pack the items in their original packaging where possible, and write your order number on the address label of your package.
We cannot accept liability for returned goods lost or damaged in transit you should claim compensation from the company that shipped the return. We recommend that all returns be sent by registered post so that a record of the return is available for you.
Refunding You
If a refund is actioned by us, subject to these conditions, your payment for the goods will be refunded as soon as possible by the original payment method, no later than 14 working days after we have received the goods.
If an exchange has been arranged, this will be processed for dispatch within 7 working days of us receiving your returned goods, and will be delivered via standard delivery. Please note delivery times may vary depending on the shipping destination and during busy holiday seasons. We will refund the cost of postage incurred returning a product if incorrectly sent by us. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
Faulty Products and Services
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
Where any goods are found to be defective we will offer a replacement item as soon as reasonably possible and within 30 days of being notified of the defect or we will issue a full refund in accordance with the Consumer Rights Act 2015. Where a refund is offered and accepted by you it will be made within 14 working days of receiving your acceptance of a refund.
Licence
We grant you a licence to access the content, information and services contained within our website for personal use only.
This licence allows you to download and cache (using your browser) individual pages from our website.
This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
Our website cannot be placed within the frame-set of another site.
Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
Copyright
All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright unless expressly acknowledged as otherwise.
The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
User Generated Content
Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
Such content shall not infringe the intellectual property rights of any other party. Furthermore, the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
However, we shall not assume any responsibility for auditing or monitoring any user-generated content.
Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
Limitations and Exclusions of Liability
Where content and information is provided on the website without charge we exclude all liability for such content and information.
All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
All indirect, consequential or special losses or damage are excluded.
All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
All losses relating to the loss or corruption of data, databases, systems, software or hardware are excluded.
These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
Indemnity
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
Assignment
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
Severability
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us.
The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
