Terms & Conditions
TERMS AND CONDITIONS
Welcome to the potterscrouchcandles.co.uk website terms and conditions for use.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions, please contact our office by email at. email@example.com, or call us on 01727836454 9.30am - 6pm, 5 days a week. All calls to our office will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.
These terms and conditions will apply to all orders for products which are being delivered within the UK and International transactions.
Conditions – means these terms and conditions and the Special Conditions.
Product – means a product displayed for sale on the Website.
Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
Special Conditions – means the terms and conditions in the Product Description.
Users – means the users of the Website collectively.
Personal Information – means the details provided by you on registration.
We/us – means Potters Crouch Ltd, registered office 40 Bedford Road, Letchworth Garden City SG6 4DR. Registered in England. Company registration number 07713043. VAT number GB116312357.
Website – means the website located at www.potterscrouchcandles.co.uk or any subsequent URL which may replace it.
Cookies – means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer.
United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands.
International – means any Country or territory outside the United Kingdom.
You – means a user of this Website.
Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Data which you are required to provide when you register as a customer is true, accurate, current, and complete in all respects; and you will notify us immediately of any changes to the Personal Data by updating these details on your online account. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.
THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site. Please see our Privacy Notice if you'd like more information on how we use your personal data to recommend products to you.
Privacy and cookies
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions, and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Ordering, cancelling and returning products.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our refund policy which is incorporated into these Conditions.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order. For items being delivered to you (as opposed to Click & collect), when your product is shipped from our warehouse, we will send you a despatch confirmation email. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order. For most products sent directly from our warehouse, your credit/debit card will be charged when your order is placed.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock. Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error. Your not meeting the eligibility to order criteria set out in the main Terms & Conditions. If you are placing an order for an item that by law is age-restricted, then by clicking the order confirm button you are also confirming to us that you are of at least the legal age required to purchase the product. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly available third-party sources. We reserve the right not to supply any age-restricted product where we reasonably believe that you are below the relevant minimum age.
All age-restricted goods must be received by a person who is at least 18 years old at the time of delivery or click & collect handover. We require this regardless of the relevant age limit for the age-restricted product. As an example, age-restricted digital media with an age restriction of 15 can only be given over at the point of delivery or Click & collect handover to an individual who is 18 years old or over.
We reserve the right to request proof of age identification from you if your order contains age-restricted goods, and we are unsure that you are at least 18 years old at the point of delivery or at the point of Click & collect handover. For the delivery or handover of all age-restricted goods, we operate on a Challenge 25 basis, which means that if we think you look under the age of 25, we will ask you to show us proof of age identification. If you are asked for proof of age identification and are unable to provide us with any, we reserve the right to withhold the delivery or Click & collect the order. We reserve the right to limit the number of a given item that can be bought by an individual customer should we deem it appropriate. We also reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens you will receive an email notifying you of this. Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you.
The contract will be concluded in English. If you do require any information regarding orders you have placed with www.potterscrouchcandles.co.uk, please write to us at: Potters Crouch Candles, Prae Wood Farm Barn, Hemel Hempstead Road, St Albans AL3 6AA.
CONSUMER CONTRACTS REGULATIONS 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services. Your right to return or cancel products does not apply to goods that are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. You can cancel by email at firstname.lastname@example.org or call 01727836454, or write to: Potters Crouch Candles, Prae Wood Farm Barn, Hemel Hempstead Road, St Albans AL3 6AA.
If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This does not include the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied. Please see our Refund policy for further details.
Potters Crouch Candles gift cards and e-gift cards
You can redeem them on our website only against any product. Gift cards and e gift cards are valid from 12 months from the purchase date. Please protect your card and treat it as cash; we cannot replace lost, stolen, or damaged cards. The gift card will expire 12 months from purchase or last use. We will not refund any balance remaining and we will invalidate the card. Gift cards and e-gift cards cannot be exchanged for cash. We do not give change or refunds on gift cards or e-gift cards. If you are using a gift card or e-gift card online and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired. If you return an item bought online using a gift card or e-gift card, usually we’ll refund the amount to an e-gift card. This does not affect your statutory rights.
We reserve the right to amend the gift card and e-gift card terms and conditions from time to time, where we consider it reasonable and necessary to do so.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Potters Crouch Candles and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding our service, please contact us via email, phone or post via the contact us page:
Our company details are:
Potters Crouch Ltd
Registered office: 40 Bedford Road, Letchworth Garden City SG6 4DR
Registered in England. Company registration number: 07713043
VAT no: GB116312357
From 1 July 2023, customers based in Jersey and purchasing goods through our website will be subject to the Jersey Goods and Services Tax (GST), replacing UK VAT.
OUR WARRANTY FOR THE PRODUCTS
We (Potters Crouch Ltd) warrant that the Products will conform to their respective descriptions and will be free of defect for 6 months from the date of delivery. In the unlikely event that you receive a defective or mis-described product or a fault develops with a Product within 6 months of delivery, you should first arrange for the collection of the Product directly with us, using the information received at the time of the delivery. Please email us at email@example.com to report and arrange a product return. The warranty does not apply to any defect in the Products arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to install, operate or use the Products in accordance with the applicable instructions; any alteration or repair by you or by a third party who is not one of our authorised repairers. The warranty is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
If we (or our supplier) fail to comply with our obligations to you under 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accept these Terms by submitting your order. We only provide the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We do not in any way exclude or limit our liability under or in connection with these Terms or the Programme for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 10 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 11 to 13 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); defective products under the Consumer Protection Act 1987; any other liability that cannot be limited or excluded under applicable law. We do not accept any responsibility for any material in your entries that is defamatory, which infringes the intellectual property rights of any third party or that is otherwise unlawful.
PUBLICITY AND YOUR PERSONAL DATA
EVENTS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL
If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war) our inability or delay in performing our obligations will not be deemed to be in breach of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by English law and any disputes are subject to the exclusive jurisdiction of the courts of England. We make no representation that materials relating to the website are appropriate or available for use at other locations. Access to those materials from territories where their contents are illegal is strictly prohibited. If you access the website from outside of the United Kingdom, you are responsible for compliance with all local laws.
WHAT HAPPENS IF I THINK MY PRODUCT IS FAULTY?
If you think your product might be faulty, please contact us at firstname.lastname@example.org.
HOW DO I UPDATE MY CONTACT DETAILS?
Your contact details can be updated at any time in your dashboard. Simply go to the ‘Your Account’ tab and click ‘Update My Details’.
CAN POTTERS CROUCH UPDATE MY PERSONAL DETAILS?
No, personal details can be only updated by a member.
MY PRODUCT WAS SENT TO THE WRONG ADDRESS. WHAT HAPPENS NEXT?
Potters Crouch Ltd can only send a product to the address provided in the ‘Your Account’ area at the time of requesting the product. If you have moved and changed the address, please remember to update your details in the ‘Your Account’ section as products cannot be re-delivered to different addresses. We recommend keeping your account details up to date.