Terms of Business
Last updated September 2021
These are the terms and conditions of The Candle Bothy of Double Door Studios, 7 Ward Road, Dundee DD1 1LP (“we” or “us”).
By using our website, https://thecandlebothy.co.uk (“Website”) or purchasing goods from us (“Products”), a legally binding contract if formed between you and us. Please ensure that you have read and understood these terms and condition before ordering any Products from our Website. If you do not accept these terms and conditions, please do not use our Website or purchase Products from us.
We may update these terms and conditions from time to time, so please check back regularly to ensure you are aware of the most current terms and conditions that apply to you.
Use of our Website
The information contained on our Website is not directed to, nor intended for, distribution or use by any person or entity in any jurisdiction where the publication or availability of this Website, or such distribution or use, would be contrary to local laws or regulation. You should not access our Website/information on our Website if you know that the access would contravene applicable, local, national or international laws.
You have permission for temporary use of our Website, but we can withdraw or change our Website at any time without telling you and without being legally responsible to you. You are only eligible to use our Website if you are at least 18 years of age, or have capacity to form a binding contract, and if you are not a user barred from accessing our Website under applicable law. Your use of our Website must not violate any applicable law or regulation.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our Website, you must make sure that they read these terms first, and that they follow them.
Only use our Website as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update our Website and make changes to it, but we don't have to do this, and material on our Website may be out-of-date. No material on our Website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on our Website by anyone. We are not liable for any technical errors, maintenance, work, damage, wrongful use or unauthorised access to our Website.
You are responsible for configuring the computer or device used to access our Website, and the software to access the material and content on our Website, including downloadable files. We do not warrant that the way in which we deliver data to you is compatible with your software. We do our best to protect our Website, but are not responsible for bugs, viruses etc., and are not liable for damage or loss caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website, downloading any content from it or using any website linked to it.
We do not warrant that your use of our Website will be uninterrupted or error-free. We are not responsible for any loss or damage suffered as a result of any interruptions or errors, and you acknowledge that our Website may be subject to limitations, delays or other issues.
We do our best to provide the most accurate information possible. However, we cannot ensure that our Website is completely error free, or that it will not become outdated. Therefore, we do not provide any warranty or other assurances as to the completeness, accuracy, timeliness or fitness for particular purposes of any of the content or materials contained within our Website.
We are also not liable for any third party content on our Website, and do not endorse what this content may contain.
These terms and conditions remain effective so long as you use our Website.
Links to other websites
Our Website contains links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
The goods covered by these terms and conditions are those listed on our Website. Goods are subject to availability.
We make all reasonable efforts to ensure that all descriptions and graphical representations (i.e. photographs) of goods available from us correspond to the actual Products sold. However:
images of goods are for illustrative purposes only and there may be slight variations in colour between the image of the good and the actual Product sold due to differences in computer displays and lighting conditions; and
images and/or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
We may from time to time withdraw certain goods from sale. If any Products purchased by you are likely to be affected by such withdrawal, we will inform you in writing in advance. You will be refunded in full for any Products paid for that you will not receive due to their withdrawal. Refunds will be made within 14 calendar days of our notice in writing to you, using the same payment method that you used when ordering the Products.
Price and Payment
Payment for Products and related delivery charges must always be made in advance.
All prices are stated in pounds sterling and the price is as stated at the time of placing the order with us.
The amount payable is the price of the Product plus the cost of packaging and delivery as stated.
We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping (such as tariffs and taxes) are your sole responsibility.
For standard Products, we use commercially reasonable endeavours to ship them to you within 2 – 4 days of purchase. For custom-made Products, we use commercially reasonable endeavours to ship them to you within 14 days of purchase.
Should there be any delays to shipping, such as due to a high volume of orders, this will be communicated to you. There may be occasions where we are away for a short break and cannot ship Products to you within our normal timescales. You will be notified via a banner on our Website of the earliest anticipated shipping date so you can decide whether to place your Order.
We will ship the Product(s) using the method specified in your order. You will receive a confirmation email once your order has shipped, which will include your tracking number(s), where applicable.
We have no control or influence over the time taken between shipping and delivery and this will depend on the courier used. Please note that delivery times will vary depending on the time of year and we cannot guarantee that you will not experience COVID-19 related delays. We accept no liability whatsoever on behalf of the courier for late or delayed delivery.
In the event that your Product(s) have been damaged in transit to you, you must contact us by email within a reasonable time of successful delivery to email@example.com. When you email us, please provide clear photographs to show the extent of the damage, along with a full description. We will endeavour to respond as soon as reasonably practicable to discuss possible delivery of replacement Product(s) at our expense, if we deem you are eligible. Please note that we cannot process claims for replacement Product(s) when an unreasonable time has elapsed from successful delivery to your damage report as we cannot be certain that the damage was not caused by you.
We are not responsible for delays outside our control. If our supply of the Product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Product(s) you have paid for but not received.
We hope that you are delighted with your order. If for some reason you are not, please get in touch with us by emailing firstname.lastname@example.org
Under consumer legislation, you have 14 days from the date of successful delivery to request a return of your Product(s). To return Product(s), it must be in the original packaging, it must not have been used or damaged and you must enclose any returns note that was provided with your Product(s). You must ensure that the returned Product(s) are properly sealed and packaged so as to prevent any damage during transit. You must also provide proof of purchase and you should retain this in the unlikely event that your return Product(s) are lost by the courier when in transit. We cannot accept liability for your returned Product(s) that are lost or damaged in transit and you must make a claim directly with the courier. We will not intervene or represent you in such a circumstance.
In the event that the returned Product(s) are damaged in transit, you will be ineligible for a refund.
Unless the Product(s) are faulty, you will be liable for paying the delivery cost for returned Product(s).
If you are returning fragranced items, please check and comply with any labelling and packaging guidelines produced by Royal Mail or any other courier that is used to return the Product(s).
Warranties and Liability
We and our affiliates, officers, agents and employees will not be responsible for any indirect, special or consequential loss arising under these terms and conditions.
You agree to indemnify us and hold us harmless against any costs, damages, expenses, losses and other liabilities incurred as a result of a third party action, claim, demand, proceeding or suit where this arises from or in connection with your use of our Website in violation of these terms and conditions.
We make no warranty or representation that the Product(s) will be suitable for your intended use, which is at your sole discretion to determine.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit or revenue, loss of business, interruption to business, or for any loss of business opportunity.
You must follow the instructions supplied with the Product which state how to safely use or store the Product(s). We will not be responsible for any damage to the Product(s) or surroundings which are caused by your failure to follow the instructions.
To the extent permitted by law, our total liability for any claims under these terms and conditions, including for any implied warranties, is limited to the price paid for the Product(s).
Nothing in these terms and conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these terms and conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
We may remove your rights of access to our Website at any time should you be breach these terms and conditions, without any further liability to you.
If any part of these terms and conditions is or becomes invalid, illegal or unenforceable, it is deemed to be deleted, and the rest of these terms and conditions shall remain in full force and effect.
No third parties are provided with any rights under these terms and conditions, and the Contracts (Third Party Rights) (Scotland) Act 2017 does not apply.
Either party may give notice to the other party by sending an email to the last email address notified to the other party. Time of delivery is deemed to be the time of transmission. This shall not apply to the delivery of legal proceedings.
These terms and conditions, and any non-contractual obligations arising hereunder, shall be governed and construed in accordance with the laws of Scotland, and the Scottish courts shall have exclusive jurisdiction to deal with any dispute arising hereunder.