TERMS & CONDITIONS
This agreement applies as between you, the User of this Web Site and Ice Candles, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that Ice Candles advertises and / or makes available for sale through this Web Site;
“Service” means collectively any online facilities, tools, services or information that Ice Candles makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business
“System” means any online communications infrastructure that Ice Candles makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Ice Candles and acting in the course of their employment; and
“Web Site” means the website that you are currently using (http://www.-------------) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business.
4. UK Orders Only
Ice Candles only accepts orders from within the UK. If you are ordering from outside the UK, unfortunately, we are unable to process or ship your order. Please ensure your delivery address is within the UK before completing your purchase.
5. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://www.icecandles.shop/ without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Ice Candles. To find out more please contact us by email at info@icecandles.shop.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and representatives of Ice Candles or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Ice Candle reserves the right to monitor any and all communications made to us or using our System.
8. Termination and Cancellation
8.1 Either Ice Candles or you may terminate your Account. If Ice Candles terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
8.2 If Ice Candles terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
8.3 Ice Candles reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
8.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
8.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
9. Goods, Pricing and Availability
9.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Ice Candles correspond to the actual Goods, Ice Candles is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
9.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
9.3 Ice Candles does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site however these may not take into account sales that have taken place during your visit to the web site.
9.4 All pricing information on the Web Site is correct at the time of going online. Ice Candles reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
9.5 In the event that prices are changed during the period between an order being placed for Goods and Ice Candles processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
9.6 All prices on the Web Site do not include VAT.
10. Delivery
10.1 Ice Candles will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
10.2 We aim to deliver the goods you have ordered on the basis of the next working day if orders are received prior to 1pm. Goods will be delivered by Carrier/Courier service, or 1st Class Royal Mail.
10.3 If Ice Candles receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
11. Returns Policy
Ice Candles aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
11.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 days to arrange collection and return. Ice Candles is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
11.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Ice Candles within 14 days to arrange collection and return. Ice Candles is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
11.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Ice Candles within 14 days and arrange collection and return. Ice Candles is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
11.4 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. Refunds will only be processed for items returned not shipping.
If you are approved, your refund will be processed, and a credit will automatically be applied to your credit card or original payment method, within a certain amount of days.
12. Privacy
To view the Privacy Policy, please view our website.
13. Disclaimers
13.1 Ice Candles makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
13.2 No part of this Web Site is intended to constitute advice, and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
13.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
14. Changes to the Service and these Terms and Conditions
Ice Candles reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Ice Candles is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Ice Candles accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16. Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
16.1 We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site
16.2 Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
16.3 How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
16.4 We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
16.5 We share your Personal Information with third parties to help us use your Personal Information, as described above.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, Ice Candles accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts Ice Candles’s liability for death or personal injury resulting from any negligence or fraud on the part of Ice Candles.
17.3 Nothing in these Terms and Conditions excludes or restricts Ice Candles's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Notices
All notices / communications shall be given to us by email to info@icecandles.shop The email will be considered received on the same business day if sent during business hours, or on the next business day if sent on a weekend or public holiday.
21. Law and Jurisdiction
These terms and conditions and the relationship between you Ice Candles shall be governed by and construed in accordance with the Law of England and Wales and Ice Candles and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.