1. Introduction
- These terms govern subscriptions and purchases of goods from NI Candle Supplies (“we”, “us”, “our”) through our website or by other means. By subscribing or placing an order, you agree to these terms. These terms are governed by the laws of England and Wales.
2. Scope and consumer rights
- These cancellation and returns provisions do not apply to any customised Goods you order (i.e., goods made to your specifications), including pre-orders (see section 14).
- If you are a consumer as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), and the Regulations apply to the transaction, the statutory rights in the Regulations apply in addition to these terms.
- Information relating to all aspects of our Goods may be provided in our marketing material (on our website or in hard copy) and is not repeated in full here.
3. Orders, contract formation and pricing
- An order placed on our website constitutes an offer to purchase. A contract is formed when we accept your order by sending an order confirmation.
- Prices, product descriptions and availability are set out on our website. We will notify you of any error or change before accepting payment, where practicable.
4. Subscriptions — general
- By subscribing, you authorise recurring payments and agree to receive periodic deliveries until you cancel.
- You may manage your subscription (skip, reschedule, modify, or cancel) at any time using the controls provided on your account or as set out on our website. Cancellation will prevent future deliveries and charges, but does not automatically entitle you to a refund for Goods already dispatched or delivered.
- By subscribing, you agree to these Subscription and Purchase Terms and Conditions and any additional subscription information provided on our website.
5. Subscription abuse, suspension and termination
- We operate subscription discounts and benefits for customers who use the service in good faith. If we reasonably suspect that a customer is abusing the subscription service (including, without limitation, repeatedly subscribing to obtain a one‑off discount or promotional benefit and cancelling immediately thereafter, creating multiple accounts to obtain duplicate promotional benefits, or otherwise acting fraudulently or in bad faith), we may take one or more of the following actions: a) suspend access to the subscription service and any subscription benefits pending investigation; b) cancel the customer’s subscription(s) and refuse future subscription services; and/or c) recover any discounts, benefits or other sums we reasonably consider were obtained as a result of the abuse.
- We will notify you of any suspension or cancellation and the reasons for it, except where doing so would, in our reasonable opinion, frustrate an investigation or be unlawful. While suspended, you will not be able to access subscription discounts or benefits. If we cancel a subscription under this clause, any entitlement to future promotional discounts will cease.
- Any action taken under this clause will be proportionate, reasonable and consistent with our obligations under applicable law. We will consider any information you provide in response to a suspension or cancellation notice before confirming any final decision.
6. Pre-orders
- Pre-ordered Goods are treated as customised Goods for the purposes of these terms.
- Full payment for pre-orders is required at the time of ordering.
- Pre-orders cannot be cancelled by you and are non‑refundable, except where we fail to supply the Goods (in which case we will refund you in accordance with these terms and applicable law) or where otherwise required by law.
- The cancellation rights and returns provisions in sections 8–12 do not apply to pre-orders.
7. Cancellation before receipt of Goods
- If you have ordered Goods but have not received them (and the order is not a pre-order or customised Goods), you may cancel the order without giving any reason at any time within 30 days of the day after the contract was formed. If you validly cancel, you will have no further obligation, and we will refund all sums paid for the cancelled Goods.
8. Cancellation after receipt of Goods
- If you have ordered Goods and received them (and the order is not a pre-order or customised Goods), you may cancel the contract at any time within 30 days of the day after the day you (or a third party nominated by you other than the carrier) receive the Goods. You must inform us of your decision to cancel within that 30‑day period and return the Goods to us within the same 30‑day period.
9. Condition of returned Goods and refunds
- We will refund all sums received from you for the cancelled Goods, subject to: a) receipt by us of the returned Goods in a condition in which we can re‑sell them at full price (i.e., in new condition, with labels and packaging intact); and b) your compliance with our returns procedure (as set out on our website or otherwise notified to you). We cannot process a refund unless we can identify the sender of the Goods.
- Where the Goods have been used, we may reduce the refund to reflect any diminished value.
10. Exclusions to cancellation rights
- The right to cancel does not apply to: a) customised Goods made to your specifications (including pre-orders); b) sealed goods which are not suitable for return for reasons of health or hygiene and which have been unsealed after delivery (for example, wax, fragrance oils, wicks, or other sealed consumable components); c) sealed audio, video or software products which are unsealed after delivery; or d) Goods which have been mixed inseparably with other items after delivery so that they cannot be identified or separated.
- If an item falls within an exclusion above, you will not have the right to cancel and obtain a refund once the exclusion applies.
11. Return costs and procedure
- You are responsible for the direct cost of returning the Goods to us unless we agree otherwise or the Regulations require otherwise. We are not obliged to reimburse any costs you incur for re‑packing and returning the Goods unless we have agreed to do so.
- Follow our returns procedure (available on our website) when returning Goods so we can identify the return and process refunds promptly.
12. Timing of refunds
- Where you are entitled to a refund under these terms or the Regulations, we will make the refund without undue delay and, in any event, within 30 days of the day on which we receive the returned Goods or of the day on which you provide evidence that you have returned the Goods, whichever is earlier.
- Refunds will be made using the same payment method as the original transaction, unless we agree otherwise.
13. Liability and consumer rights
- Nothing in these terms affects your statutory rights as a consumer. To the extent permitted by law, our liability for defective Goods is subject to the provisions of the Consumer Rights Act 2015.
14. Contact
- For cancellation notices, returns, subscription management, pre-order queries and other queries about these terms, please contact us at support@nicandlesupplies.com.
15. General
- We may amend these terms from time to time. Any change will not affect orders already accepted by us except where required by law or agreed with you.
- These terms constitute the entire agreement between you and us regarding their subject matter.
