Terms and Conditions | The Noble Wick

The Noble Wick - Terms and Conditions

Please read these Terms of Sale carefully before placing an Order with Us. The following will set out the terms under which Goods are sold by Us to consumers, through this website, www.thenoblewick.co.uk (“Our Site”).

These Terms of Sale explain who We are, how our Goods will be provided to you, how you or We may change, cancel, or otherwise end the contract, what to do in the event of problems, and other important information.

You will be required to read and accept these terms of sale when ordering Goods. If you do not agree to comply with and be bound by these terms of sale, you will not be able to Order Goods through Our Site.

The following documents may also apply to your use of Our Site:

Our Privacy Policy is available on our website. This is also referred to below in para 20.
Our Cookie Policy is available on our website. This is also referred to below in para 20.

Definitions

“Goods” means the goods sold by Us through Our Site

“Order” means your order for Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and

“We/Us/Our” means The Noble Wick.

2. Information About Us

Our Site, www.thenoblewick.co.uk, is owned and operated by The Noble Wick, whose registered address is 7 Bell Yard, London, WC2A 2JR

3. How to Contact Us

To Contact Us with general questions, Goods, Orders, cancellations or complaints by email, please email Us at hello@thenoblewick.co.uk or via the Contact Us form on the ‘contact’ page. Alternatively, to contact Us by telephone, please call Us on 07788204061, and to contact Us by post, please write to Us at The Noble Wick, 7 Bell Yard, London, WC2A 2JR.

4. Changes to these Terms of Sale

4.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be updated and reflected on this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract, for this reason, you will receive a refund for any Goods paid for but not received.

4.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

5. International Customers

Please note that We only deliver within the United Kingdom.

6. Goods, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:

a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in a computer or device displays and lighting conditions;

b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary OR

c) Due to the nature of our Goods, there may be a small variance in weight, between the actual Goods and the description.

6.2 Please note that Para 6.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Para 12.

6.3 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

7. Pricing

7.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. If applicable, the price will change automatically, with the rate of VAT at the time of placing the Order.

7.2 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.

If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

7.3 If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

7.4 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as a mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

7.5 Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to Order page of the website. Delivery options and related charges will be presented to you as part of the Order process.

8. Formation of Contract

8.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.

8.2 If you provide Us with incorrect or incomplete information during the Order process, please Contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the Order process, as applicable.

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

We will not be responsible for supplying the affected Goods late, or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

8.3 No part of Our Site constitutes a contractual offer capable of acceptance.

Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

8.4 Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

Order Confirmations contain the following information:

a) Your Order Number;

b) Confirmation of the Goods ordered including full details of their main characteristics;

c) Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;

d) Estimated delivery date(s) if feasible.

8.5 Please quote your Order Number if you Contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

9. Payment

9.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

9.2 We accept the following methods of payment:

a) Master Card

b) Visa Debit

c) American Express

10. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

11. Delivery

11.1. All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

11.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

11.3 If there is a risk of a substantial delay to delivery, please Contact Us to enquire about delivery times. We request you to consider the prevailing COVID-19 pandemic and the effect it has on delivery services.

11.4 Please Contact Us if you have any question with your Order.

12. Faulty, Damaged, or Incorrect Goods

12.1 This Para 12 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.

12.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:

a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30-calendar day right to reject them and to receive a full refund if they do not conform as stated above.

b) If you exercise the final right to reject the Goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

12.3 Please note that you will not be eligible to claim under this Para 12 if:

a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or

d) The problem(s) is/are the result of normal wear and tear; or

e) The problem is part of the intended use of the Goods, for example, burning the candle.

f) You have changed your mind (please refer to para 14).

12.4 If there is a problem with the Goods, please Contact Us.

12.5 If you exercise your legal right to reject the Goods, you must return them to Us.

12.6 To return Goods to Us for any reason under this Para 12, please post them to Us. We will cover the costs of return postage or collection if the return falls under this para. Please Contact Us using the details provided.

13. Your Rights to Cancel and End the Contract

13.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Para 12, above, for more information.

13.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Para 14, below, for more information.

13.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Para 15, below, for more information.

14. Cancelling and Ending the Contract if You Change Your Mind

14.1 As a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14-calendar day “cooling-off period” begins once your Order is complete and We send you the Order Confirmation, i.e. when the Contract is formed. You may also cancel for any reason before We send the Order Confirmation.

14.2 If you wish to end the Contract, for this reason, you must inform Us within the cooling-off period. You may inform Us via the Contact Us form. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.

14.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or Contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

14.4 Please note that this right to cancel may not apply in the following circumstances:

a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;

b) If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;

c) If the Goods are likely to deteriorate quickly, for example, flowers or food;

D) If the Goods have been personalised or custom-made for you;

e) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

15. Cancelling and Ending the Contract Because of Something We Have Done or Will Do

15.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see para 4 above);

b) We have informed you about an upcoming change to the Goods that you do not agree to (see para 6 above);

c) We have informed you about an error in the price or description of the Goods and you do not wish to proceed (see para 7 above);

d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see para 11);

15.2 If you wish to end the Contract, for this reason, please Contact Us. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.

16. Returning Goods After Cancelling and Ending the Contract

16.1 Subject to your right to partially cancel your Order under Para 13, if you cancel and end the Contract for any reason after the Goods have been dispatched or delivered to you, you must return the Goods to Us. Please Contact Us for a return label.

16.2 If you are exercising your right to change your mind under the cooling-off period as set out in Para 14, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.

16.3 We will cover the costs of returning the Goods to Us in the following circumstances only:

a) The Goods are faulty or misdescribed;

b) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;

c) You are cancelling and ending the Contract because We have made an error in the price or description;

d) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;

e) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong.

16.4 All Goods must be returned in their original condition with tags and packaging.

16.5 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

16.6 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.

17. Refunds

17.1 All refunds due to you will be made using the same method used by you when paying for the Goods [(unless you request an alternative)]. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods, if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.

b) We do not refund return delivery charges.

c) Once the item is returned, you need to obtain a certificate of posting from the Post Office as proof of postage.

17.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:

a) The day on which We receive the returned Goods;

b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);

c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or

d) If We have not yet provided an Order Confirmation, or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

18. Our Liability to Consumers

18.1 Given the nature of our Goods being flammable items such as candles, you should take special precautions during use. We will not be responsible for any loss or damage that is not beyond the ordinary and responsible use of the Goods.

18.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

18.3 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods 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, loss of business, interruption to business, or for any loss of business opportunity.

18.4 Nothing in these Terms of Sale 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.

18.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Para 13.

19. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. Please use our contact form to get in touch.

20. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy, both of which can be found on our website.

21. What Happens if We Transfer this Agreement to Another Party?

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If This Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

22. Law and Jurisdiction

These Terms of Sale and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

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