Terms & Conditions of Sale
This page (along with our Privacy Policy, Cookie Policy as well as our Terms of website Use) governs the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You may wish to print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 5th December, 2020.
1) About Us
1.1 We operate the website fflamcandles.com. We are Fflam Candles, a partnership based in Wales. Our address is 3 Poplar Avenue, Gresford, Wrexham LL12 8EP.
1.2 Contacting Us
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you need to let us know that you have decided to cancel. The best way to do this is to complete our contact form on our contact page. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at our info@ email address or contact us by telephone on 01978 450 276. If you email please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
1.2.2 If you want to contact us for any other reason, including because you have any complaints or issues you’d like to resolve, you can contact us by email via our contact page.
1.2.3 If we need to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide when you order.
2 Our Products
2.1 All details and descriptions of the Products on our website are correct at the time of being added. Although we aim to keep our site as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. As all orders are hand poured in small batches every candle will be slightly different. Please see our candle care information for more details.
2.2 The packaging of the Products may vary from that shown on images on our site.
3 Use of our website
3.1 Your use of our site is governed by our terms of website use. Please take the time to read these, as they include important terms which apply to you.
4 How we use your personal information
4.1 We only use your personal information in accordance with our privacy & cookie policy. Please take the time to read our privacy & cookie policy, as it includes important terms which apply to you.
5 Purchasing from our website as a consumer
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 To be eligible to order Products on our site and lawfully enter into and form contracts on our site under the law of England & Wales, you must register by providing your real name, phone number, email address and other requested information. Purchases on our site can only be made by those individuals aged over 18 years of age who meet these terms of eligibility. If you are underage, please do not attempt to order Products through our site.
5.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve our rights in full to take any action we deem necessary against any person attempting to resell products bought on our site. If you wish to sell out products please contact us for our trade terms and pricing information.
6 Contract formation
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All orders are subject to acceptance in accordance with our order acknowledgement policy and are subject to availability. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. However, if we are unable to process your order due to a Product being unavailable, we may give you the option of waiting until the Product becomes available, if you do not wish us to cancel your order.
7 Variation
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and the Terms that were changed.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
7.3.1 changes in relevant laws and regulatory requirements; and
7.3.2 changes to our business practice
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. This term relates specifically to variation of terms by us that affect your order.
8 Refusal of transaction
8.1 We reserve the right to withdraw any Products from our site at any time and/or remove, screen or edit any materials or content. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
8.2 We will not be liable to you or any third party by reason of:
8.2.1 our withdrawing any Product from our site, whether or not that Product has been sold;
8.2.2 removing, screening or editing any materials or content; or
8.2.3 refusing to process a transaction, or suspending any transaction after processing has begun, provided we have not already provided you with a Dispatch Confirmation.
9 Our returns policy
9.1 We hope that you will be delighted with your hand poured candle(s). However, if there is a problem, Please contact us in the first instance and we’ll do everything we reasonably can to help. As you are a consumer, our Returns Policy is in addition to, and does not affect, your legal rights in relation to
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.
10 Your legal right of return and refund as a consumer
10.1 Where you buy products from us as a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office subject to the sub clauses below.
10.2 However, this cancellation right does not apply in the case of:
10.2.1 customised candles
10.2.2 any Products which become mixed inseparably with other items after their delivery.
10.3 Your legal right to cancel a Contract starts from the date on which we e-mail you to confirm our acceptance of your order, which is when the Contract between us is formed. Your deadline for cancelling the contract is 14 days after you receive the product.
Example: if we provide you with an order confirmation email on 1st March and you receive the Product on 5th March, you may cancel at any time between 1 March and the end of the day on 19th March.
10.4 Once you submit an order, we immediately prepare all stock items for delivery. You can cancel an order at any stage until it has been dispatched. If you would like to cancel an order, you need to let us know that you have decided to cancel. The easiest way to do this is to contact our Customer Services team by email with your cancellation request to our info@ address. If you are e-mailing us please include details of your order to help us to identify it. We will e-mail you to confirm that we have received your cancellation prior to it being dispatched. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail. If you do decide to cancel an order it would assist us if you could provide the order reference in all correspondence.
10.5 If you cancel your Contract we will:
10.5.1 Refund you the price you paid for the Products subject to the sub clauses below:
10.5.2 please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. We will only refund you the price paid after we are able to inspect the goods. If we discover you have handled them in an unacceptable way, we will deduct an appropriate amount from the refund.
10.5.3 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-4 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.5.4 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
a) if you have received the Product or we have dispatched the product, 14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 10.8;
b) if we have not dispatched the Product, 14 days after you inform us of your decision to cancel the Contract.
10.6 If you have returned the Products to us under this clause 10 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
10.8 If a Product has been delivered to you before you decide to cancel your Contract:
10.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
10.8.2 Unless the Product is faulty or not as described (in this case, see clause 10.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
10.9 We stand by the high quality of all our Products. Each Product is hand poured, have unique characteristics and will have been inspected prior to packing. Please see our candle care information for further details about our candles. If you have received any Products that are damaged or faulty, please accept our sincere apologies. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10.10 Only items purchased via our website can be returned to us.
10.11 Proof of purchase will be required for any return.
10.12 You must be the party who made the purchase from our website to make a return.
10.13 If an item is damaged during delivery we will refund you the cost of the damaged item and applicable postage for that item subject to you providing photographic proof and proof of purchase, within 48 hours of delivery.
11 Delivery
11.1 We will arrange for your order to be dispatched and delivered as per the option selected and the details on our delivery page and any notice on the individual product listing (e.g. for back orders). Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 16 for our responsibilities when this happens.
11.2 Delivery of an order shall be completed when we deliver the Products to the address you have given us, or you collect them from us or from a carrier organised by us, and the Products will be your responsibility from that time.
12 International Delivery
12.1 We do not currently deliver outside of England, Wales & Scotland. Our products our labelled to comply with legislation within these countries. Please note that we also do not deliver to the Channel Islands.
12.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13 Price of products and delivery charges
13.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed
13.3 We are not VAT registered and do not charge VAT.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery page.
13.5 Our site contains an ever growing number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
14 How to pay
14.1You can pay for Products using all major debit card and credit cards via our payment processor Stripe. We never see your card or bank details. Although you enter your personal details on our website, your payment information fields are actually hosted by our payment provider and submit your payment details securely to our payment processor directly – not via our server. This gives you added security when you order.
14.2 You agree to comply with the terms and conditions of the relevant payment providers referred to in clause 14.1, as applicable from time to time.
14.3 Please be sure to provide your exact billing address and telephone number, which must be the same address and telephone number that your debit/credit card company has on file for you. Incorrect information may cause a delay in processing your order.
14.4 Payment for the Products and all applicable delivery charges is in advance.
14.5 All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us via our payment processor Stripe, we will not be liable for any delay or non-delivery.
15 Our liability to you if you are a customer
15.1 If we fail to comply with 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fradulent misrepresentation;
15.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
15.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.3.5 defective products under the Consumer Protection Act 1987.
16 Events outside our control / Force majeure
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17 Communications between us
17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
17.2 As you are a consumer you may contact us as described in clause 1.2.
18 Other important terms to note
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 These Terms are governed by the law of England & Wales. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland. We do sell to Northern Ireland, Ireland or the Channel Islands.
18.7 Our candles are lovingly hand poured and use 100% soy wax (we don’t add any additives other than fragrance oils). This means every candle will be slightly different in appearance. Some candles will have a perfectly smooth top when you receive them, some will have a frosted appearance, some may have wet spots or some pooling of soy oils released by the wax. This is all part of the experience of buying candles that have been hand made without unnecessary additives. It doesn’t affect the way they burn in any way. Unlike paraffin candles, the characteristics of sox wax change over time as the candle cures. You may see the creamy candle colour darken or yellow over time. This is perfectly normal. We suggest using all candles within 6 months of purchase for best results. You acknowledge this when you place an order and tick to accept our terms & conditions.