These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You may wish to print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 05 May, 2019.
These Terms, and any Contract between us, are only in the English language.
1 Information about us
1.1 We operate the website www.heavenlydarkness.co.uk.
1.2 Contacting us:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. You can also e-mail us at firstname.lastname@example.org. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at heavenly- email@example.com.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2 Our Products
2.1 All details and descriptions of the Products appearing on our site are correct at the time of input. Although we aim to keep our site as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3 How we use your personal information
4 Purchasing our Products as a consumer
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.2 To be eligible to order Products on our site and lawfully enter into and form contracts on our site under English law you must register by providing your real name, phone number, e-mail address, credit card details and other requested information. Purchases on our site can only be made by those individuals aged over 18 years of age who meet these terms of eligibility, who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any Products which they purchase. If you are underage, please do not attempt to order Products through our site.
5 How the Contract is formed between you and us
5.1 Our FAQs will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All orders are subject to acceptance in accordance with our order acknowledgement policy and are subject to availability. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. However, if we are unable to process your order due to a Product being unavailable, we may give you the option of waiting until the Product becomes available, if you do not wish us to cancel your order.
6 Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
6.3.1 changes in relevant laws and regulatory requirements; and
6.3.2 changes to our business practice
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7 Refusal of transaction
7.1 We reserve the right to withdraw any Products from our site at any time and/or remove, screen or edit any materials or content. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
7.2 We will not be liable to you or any third party by reason of:
7.2.1 our withdrawing any Product from our site, whether or not that Product has been sold;
7.2.2 removing, screening or editing any materials or content; or
7.2.3 refusing to process a transaction, or suspeding any transactino after processing has begun, provided we have not already provided you with a Dispatch Confirmation.
8 Our Returns Policy
8.1 Your legal right of return and refund as a consumer. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
8.2.1 customised candles
8.2.2 any Products which become mixed inseparably with other items after their delivery.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract End of cancellation period
Your Contract is for a single Product The end date is the end of 14 days after the day on (which is not delivered in installments on separate days). which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
one Product which is The end date is 14 days after the day on which you receive
delivered in installments on the last instalment of the Product or the last of the separate Products ordered.
multiple Products which are delivered on separate days
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over The end date is 14 days after the day on which you receive
a set period. the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
8.4 Once you submit an order, we immediately prepare all stock items for delivery. You can cancel an order at any stage until delivery. If you would like to cancel an order, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail your cancellation request to firstname.lastname@example.org. If you are e-mailing us please include details of your order to help us to identify it. We will e-mail you to confirm that we have received your cancellation. If you send us your cancellation notice by e-mail then your cancellation is effective from the
date you send us the e-mail. If you do decide to cancel an order it would assist us if you could provide the order reference in all correspondence.
8.5 If you cancel your Contract we will:
8.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-4 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after either the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8;
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
8.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Where you send the Product back, please see our Returns Policy for our returns address and how to arrange a return;
8.7.2 unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
8.8 We stand by the high quality of all our Products. Each Product will have been inspected prior to packing. If you have received any Products that are damaged or faulty, please accept our sincere apologies. Please see our Returns Policy for details of how to return any damaged or faulty Products. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.1 We will arrange for your order to be delivered to you within the number of days following the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) that is specified in our Delivery Rate webpage. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 13 for our responsibilities when this happens.
9.2 Delivery of an order shall be completed when we deliver the Products to the address you have given us, or you collect them from a carrier organised by us, and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9.4 If we miss the relevant delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
9.4.1 we have refused to deliver the Products;
9.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
9.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
9.6 If you do choose to cancel your order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10 Price of Products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Rate webpage.
10.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11 How to pay
11.1 You can only pay for Products using a debit card or credit card. We accept the following methods:
11.2 You agree to comply with the terms and conditions of the relevant payment providers referred to in clause 11.1, as applicable from time to time.
11.3 Please be sure to provide your exact billing address and telephone number, which must be the same address and telephone number that your debit/credit card company has on file for you. Incorrect information may cause a delay in processing your order.
11.4 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. You confirm that the debit/credit card that is being used is yours.
11.5 All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
11.6 All orders are 'encrypted' to ensure safe transmission to us. We utilise secure server software (SSL) through 3D Secure to ensure your information cannot be read as it travels over the internet.
12 Our liability if you are a customer
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fradulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5 defective products under the Consumer Protection Act 1987.
13 Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14 Communications between us
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 As you are a consumer you may contact us as described in clause 1.2.
15 Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.