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Privacy Policy
1. Introduction
1.1. Pehrsons Candles Limited is fully committed to safeguarding the privacy of our website visitors and customers.
1.2. This policy applies where we are acting as a data controller with respect to the personal data of website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.3. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
1.4. In this policy, “we”, “us” and “our” refer to Pehrsons Candles Limited For more information about us, see Section 12.
2. How we use your personal data
2.1. In Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
2.2. We may process data about your use of our website and services (“usage data”). The usage data may include [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3. We may process your personal account data (“personal account data”). The personal account data may include your name and email address. The source of the personal account data is you or your employer. The personal account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us.
2.4. We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, interests and hobbies and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business or the performance of a contract between you and us.
2.5. We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent or our legitimate interests, namely the proper administration of our website and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.6. We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
2.7. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include [your contact details, your card details and the transaction details].] The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.8. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.9. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.10. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.11. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.12. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Providing your personal data to others
3.1. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims.
3.3. Financial transactions relating to our website and services are or may be handled by our payment services providers, Worldpay & Global Iris. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
3.4. In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. Retaining and deleting personal data
4.1. Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
4.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or purposes.
4.3. We will retain your personal data as follows:
(a) personal data category or categories will be retained for a minimum period of 3 years following our year-end accountants, and for a maximum period of 7 years following our year-end accountants.
4.4. In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of personal data category will be determined based on average debtor days & last invoice date.
4.5. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5. Amendments to this Policy
5.1. We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy.
5.2. We may notify you of changes to this policy by email [or through the private messaging system on our website].
6. Your rights
6.1. In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
6.2. Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
6.3. You have the right to request access to your personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
6.4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
6.5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes, and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include: for exercising the right of freedom of expression and information; For compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
6.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
6.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
6.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
6.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation unless the processing is necessary for the performance of a task carried out for reasons of public interest.
6.10. To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
6.11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In the UK this will be the Information Commissioner’s Office (ICO).
6.12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
6.13. You may exercise any of your rights in relation to your personal data in writing to us at our registered office address.
7. About cookies
7.1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
7.2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
7.3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
8. Cookies that we use
8.1. We use cookies for the following purposes:
(a) authentication – we use cookies to identify you when you visit our website and as you navigate our website;
(b) status – we use cookies to help us to determine if you are logged into our website;
(c) personalisation – we use cookies to store information about your preferences and to personalise the website for you;
(d) security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
(e) advertising – we use cookies to help us to display advertisements that will be relevant to you;
(f) analysis – we use cookies to help us to analyse the use and performance of our website and services; and
(g) cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.
9. Cookies used by our service providers
9.1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
9.2. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at https://www.google.com/policies/privacy/.
10. Managing cookies
10.1. Most browsers allow you to refuse to accept cookies and to delete cookies. You can, however, obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-is/guide/safari/sfri11471/16.0/mac/11.0 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
10.2. Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.
11. Our Company Details
11.1. Our website is hosted by Bird Marketing Limited.
11.2. We are registered in England and Wales under registration number 03190625 and our registered office is at 34 Arden Close, Balsall Common, Coventry, England, CV7 7NY.
11.3. Our principal place of business is at 34 Arden Close, Balsall Common, Coventry, England, CV7 7NY.
11.4. You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form
(c) by telephone, on the contact number published on our website from 9 am to 5 pm; or
(d) by email, using the email address published on our website from 9 am to 5 pm.
12. Data protection responsible individual
Our data protection responsible individual’s contact details are:
The Information Officer
Pehrsons Candles Limited
[email protected]
01676 535945
Terms & Conditions
1. Definitions
In these terms and conditions, the following words shall have the following meanings:-
“the Company” shall mean Pehrsons Candles Limited
“the Goods” shall mean the products or articles or services which are sold or supplied by the Company.
“the Buyer” shall mean the purchaser of the Goods from the Company.
2. The Contract
2.1 All orders are accepted under these Terms and Conditions alone.
2.2 These Terms and Conditions exclude any other Terms and Conditions inconsistent therewith which a buyer might seek to impose even though such other terms and conditions may be submitted in a later document and/or purport to exclude or supersede any Terms or Conditions inconsistent with them or may be contained in any offer acceptance or counter-offer made by the Buyer.
2.3 No variation of these Terms and Conditions is permitted unless expressly accepted by a Director of the Company in writing.
2.4 All verbal orders must be confirmed to the Company in writing by post or by fax or email.
2.5 By ordering goods from the company the Buyer will be deemed to agree that these conditions shall apply and that any other conditions contained in any letter, order form or advice received by the Company in connection with the goods ordered shall not form part of any transaction made in respect of such goods.
3. Cancellation
3.1 No cancellation by the Buyer is permitted except where expressly agreed by the Company.
3.2 The Buyer will in the event of agreed cancellation by the Buyer indemnify the Company fully against all expenses incurred up to the time of such cancellation.
4. Offers and quotations
4.1 All illustrations or drawings accompanying any quotation or contained in any catalogue, price list or website or advertisement by the Company, or within, or attached to, any email are approximate representations only and are not binding in detail unless stated to be so by the company in writing in accepting of the order. All weights and measurements and other particulars are stated in good faith as being approximately correct but minor deviations therefrom shall not vitiate the contract or be made the basis of any claim against the Company.
5. Price
5.1 All prices charged are those ruling at the date of acceptance of the order from the Buyer unless otherwise stated.
5.2 Unless otherwise stated the prices charged are net ex works exclusive of Value Added Tax.
5.3 The Company reserves the right at any time prior to delivery of the Goods to adjust the price to take account of any increase in the cost of raw materials, labour or services, freight or insurance, taxes or duties or any currency fluctuations affecting the aforesaid costs.
5.4 Any price contained in any quotation, sales confirmation or invoice from the Company shall be deemed to be in Pounds Sterling unless otherwise expressly stated in that document.
6. Terms of Payment
6.1 The Buyer shall make payment net cash with the Buyer’s order except where the Company has offered other terms clearly stated in the Company’s quotation.
6.2 The Buyer shall effect payment in the currency as stated on the invoice, or where not stated – in Pounds Sterling. Any costs involved in the conversion of any funds received that do not so conform will be at the expense of the buyer.
6.3 The cost of transmission of any payments made by the Buyer to the Company shall be at the expense of the Buyer.
6.4 Time for payment shall be of the essence.
6.5 The Company reserves the right to charge interest at 8% per month on all overdue accounts, such interest being deemed to accrue on a day to day basis from the due date for payment under clause 5.1.
6.6 The Buyer shall have no right of set off, statutory or otherwise.
6.7 If the Buyer (being a company) has a petition presented for its winding-up or for an administration order under the Insolvency Act 1986 or passes a resolution for voluntary winding-up otherwise than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangement with its creditors of commits a material or serious breach of this Agreement (and in the case of such a breach being remediable fails to remedy it within 7 days of receiving notice to do so), he will be deemed to have repudiated the Contract.
6.8 The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering any Order.
7. Alteration
7.1 Any alteration made to art, design, colour or quantity made after receipt of the original instruction could necessarily involve a variation to the prices quoted.
8. Delivery
8.1 All items quoted for delivery shall be delivered to the Buyer’s address or, if different, as specified on the Buyer’s order.
8.2 Any change to the originally requested delivery address may incur additional costs and the company reserves the right to adjust prices accordingly.
8.3 The Company shall be responsible for the delivery of Goods to the delivery address, but the cost of such delivery, packing and insurance may be charged to the Buyer.
8.4 Time of delivery is not of the essence.
8.5 The Company shall not be liable for any loss whatsoever or howsoever arising caused by its non-delivery.
8.6 The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
8.7 When delivery is to be by instalment or the Company exercises its right to delivery by instalments under clause 6.5 hereof or if there be any delay in the delivery of any one or more instalments for whatever reason this will not entitle the Buyer to treat the contract as repudiated or to damages.
8.8 Deviations in quantity of the Goods delivered (representing not more than 10 per cent by value) from that stated in the Buyer’s order shall not give the Buyer any right to reject the Goods or to claim damages and the Buyer shall be obliged to accept and pay at the contract rate for the quantity of the Goods delivered.
9. Risk and the Passing of Property
9.1 Risk in the Goods shall pass to the Buyer when the Goods are delivered to, or collected by, the Buyer or his agent.
9.2 Notwithstanding risk in the goods passing in accordance with clause 9.1 hereof, title in the goods shall not pass to the Buyer until payment has been received by the Company for the Goods and no other amounts are then outstanding from the Buyer to the Company in respect of other Goods supplied by the Company.
9.3 The Buyer is licensed by the Company to use or agree to sell the Goods delivered to the Buyer subject to the provisions of clauses 9.4 and 9.5
9.4 Until title to the Goods passes:-
9.4.1 the Buyer will hold the Goods as fiduciary agent and bailee for the Company;
9.4.2 the Goods shall be kept separate and distinct from all other property of the Buyer and of third parties and in good and substantial repair and condition and be stored in such a way as to be clearly identifiable as belonging to the Company;
9.4.3 the Company may at any time revoke the power of sale and use of the Goods by notice to the Buyer if the Buyer is in default for longer than 14 days in the payment of any sum whatsoever due to the Company (whether in respect of the Goods or any other goods supplied at any time by it to the Buyer)(or if the Company has bona fide doubts as to the solvency of the Buyer);
9.4.4 the Buyer’s power of sale and use shall automatically cease if the Buyer has a petition presented for its winding-up or for an administration order under the Insolvency Act 1986 or passes a resolution for voluntary winding-up otherwise than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or becomes bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any similar action in consequence of debts or carries out or undergoes any analogous act or proceedings under foreign law;
9.4.5 upon determination of the Buyer’s power of sale and use the Buyer shall place any of the Goods, in its possession or under its control, at the disposal of the Company and the Company shall be entitled to enter the premises of the Buyer for the purpose of removing the Goods.
9.5 The Company shall at any time be entitled to appropriate any payment made by the Buyer in respect of any Goods in settlement of such invoices or accounts in respect of such goods as the Company may in its absolute discretion think fit notwithstanding any purported appropriation to the contrary by the Buyer.
10. Lien and Stoppage
Until such time as the title in the Goods has passed to the Buyer the Company has the right to withhold delivery if the Buyer (being a Company) has a petition presented for its winding-up or for an administration order under the Insolvency Act 1986 or passes a resolution for voluntary winding-up otherwise than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any similar action in consequence of debts or carries out or undergoes any analogous act or proceedings under foreign law.
11. Inspection/Shortage
11.1 The Buyer is under a duty to inspect the Goods on delivery or on collection as the case may be.
11.2 Where the Goods cannot be examined the carriers note or such other note as appropriate shall be marked “not examined”.
11.3 The Company shall be under no liability for any damage or shortages that would be apparent on careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not delivered to the Company within 2 days of delivery detailing the alleged damage and / or shortage.
11.4 In all cases where defects or shortages are complained of the Company shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Company before any use is made thereof or any alteration or modification is made thereto by the Buyer.
11.5 Subject to Clause 11.3 and 11.4, the Company shall make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
12. Warranty
12.1 The Company warrants that it has title to and the unencumbered right to sell the Goods.
12.2 It is the Buyer’s responsibility to ensure that the Goods are suitable for the purpose to which they are intended to be used.
12.3 No representation or warranty is given as to the suitability or fitness of the Goods for any particular purpose and the Buyer shall satisfy itself in this respect and shall be totally responsible therefore.
12.4 If the Buyer has any specific requirements for the use of the Goods the Buyer must notify these requirements to the Company in writing before purchasing the Goods.
12.5 If the Buyer is unsure as to the suitability of any Goods for a particular purpose it should consult the Company prior to purchase.
12.6 If the Goods are in such a state as would but for this condition entitle the Buyer to repudiate the contract and/or claim damages from the Company the Company reserves the right to repair or replace the Goods.
13. Liability
13.1 Introduction
13.1.1 Nothing in clause 13 shall be deemed to exclude or restrict the Company’s liability for death or personal injury resulting from the Company’s negligence.
13.1.2 Each of the sub-clauses in Clause 13 is to be treated as separate and independent.
13.2 Exclusion
13.2.1 Clause 13.2 only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect. It does not cover faulty design, manufacture materials or workmanship supplied or undertaken by the Buyer or third parties. In respect of goods not designed or manufactured by the Company, the Company only gives such guarantee or warranty to the Buyer as the Company itself receives.
13.2.2 The Company agrees that if any defect covered by Clause 13.2 is discovered during the period of twelve months commencing with the date of despatch, the Company will either repair the goods at its own expense or, if it chooses to do so, replace them.
13.2.3 The Company does not bear responsibility for any defect arising or introduced by a Buyer in the course of storage or handling of the products where that Buyer acts as agent or distributor of the Company’s products. The Buyer should consult the Company if doubt exists with regard to the appropriate storage or handling requirements.
13.2.4 The Buyer cannot claim the benefit of this clause unless:
(1) he informs the Company of the relevant defect in writing within 7 working days of discovering it;and
(2) he returns the Goods to the Company at his own expense.
13.2.5 The risk of accidental loss whilst the Goods are being returned will be borne by the Buyer.
13.2.6 In consideration for receiving the benefit of this clause, the Buyer agrees that, apart from those terms set out in Clauses 11 and 12, no other terms, conditions, warranties or in nominate terms, express or implied, statutory or otherwise, shall form part of this contract.
13.3 Exclusion of Consequential Loss
The Company shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in contract or tort or in any other way (including loss arising from the Company’s negligence). Non-exhaustive illustrations of consequential or indirect loss would be:
— loss of profits
— loss of contracts
— damage to property of the Buyer or anyone else, and
personal injury to the Buyer or anyone else (except so far as such injury is attributable to the Company’s negligence).
14. Special Packaging or Materials
Where special materials or branded packaging are required to satisfy the Buyer’s order specification, it will be a condition that any surplus quantity of these items produced by the Company will, on completion of the Buyer’s order, be invoiced to, and payable by, the Buyer.
15. Force Majeure
15.1 The Company shall not be liable for any failure to deliver the Goods arising from circumstances outside the Company’s control.
15.2 Non-exhaustive illustrations of such circumstances would be act of God, war, riot, explosion, act of terrorism, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
15.3 Should the Company be prevented from delivering in the above circumstances, it shall give the Buyer written notice of this fact as soon as reasonably practicable.
15.4 If the circumstances preventing delivery are still continuing three months after the Buyer receives the Company’s notice, then either party may give written notice to the other cancelling the contract.
15.5 If the contract is cancelled in this way, the Company will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Company is entitled from the Buyer) but the Company will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
16. Notice
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified overleaf or such address as the party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
17. Assignment
Neither the Company nor the Buyer shall assign or transfer or purport to assign or transfer the contract or the benefits thereof to any other person without the prior written consent of the other.
18. Proper Law and Jurisdiction
The contract shall be governed by and construed in accordance with the law of England.
19. Waiver
The rights and remedies of the Company under the contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by the Company in asserting or exercising any such rights or remedies.
20. Headings
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
21. Returns
All returns should be made no later than 48 hours (2 working days) after receipt of the goods being received by the customer. All goods should be returned in full and perfect condition in the original packaging. All goods should be returned at the customers’ expense. The customer should ensure the returned goods are insured with their carrier as if received in a damaged condition we cannot refund the goods and a claim by the customer will need to make to their carrier. All damages should be reported separately as detailed in section 11. The company will only refund the goods if they are received in good saleable condition and in their original packaging with no items missing. The company will only refund goods if returned in line with our terms and conditions.
January 2020
Pehrsons Candles Limited, Unit 15 Shipston Business Village Shipston on Stour CV36 4FF
Registered in England & Wales No: 8770316