This website is operated by The Candle Hour Venture. These terms and conditions (the "Terms") apply to www.thecandlehour.com and form the terms and conditions on which The Candle Hour (“we”, “us” and “our”) provides any products and/or services to you. Please take the time to read through the Terms before you use and/or access the Website. By using the Website and/or any services provided by us and/or purchasing any products from us, you indicate that you have acknowledged, understood, and agree to adhere to the Terms.
We reserve the right to update, amend or replace any part of the Terms by posting the revised Terms here. You should check this page frequently to review the most current version of the Terms and to see if there are any updates or changes to the Terms. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance to the Terms posted.
2. WARRANTIES AND LIMITATION OF LIABILITY
The Website, all information provided therein, our products and/or our services are provided to you on an “as-is” and “as-available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation: (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Website; (ii) that the functions contained on the Website will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are expressly excluded. We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Website is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
- life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us;
- any unsuitable or improper use and/or alteration of our products, and/or any wilful damage, negligence, or other misuses of our products, as well as fair wear and tear, by you or any third party;
- any third party claims, whether directly or indirectly caused by, or relating to, the content of our Website and/or the products or services purchased on or through our Website; and
- any warranties provided under these Terms if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access to and use of the Website is dependent on third party service providers such as internet, network or other link providers. Your payment for any product(s) purchased from the Website is processed by third party payment system providers and we do not retain or process any such payment information other than for the purposes of providing you with the products or services specified in the Website in accordance with applicable law. We cannot guarantee the security of such third party payment system(s) or any payment data on the Website, you agree that we are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Website, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
We shall not under any circumstance be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation lost profits, lost revenue, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service(s) and/or the Website, or any product(s) procured or purchased from us, or for any other claim related in any way to your use of any such service or product, even if advised of their possibility. To the extent that any exclusion of liability under the Terms is not permitted under law, our aggregate cumulative liability under any claim shall in any event not exceed the sum that you have paid to us for the purchase of our products under your Order.
3. ORDERS AND SERVICES
We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion without assigning any reason. Our acceptance of your order will take place when a confirmation email is sent to the email address you provide to us, at which point a contract will come into existence between you and us. Each order accepted by us and which is fully paid shall constitute a separate and individual contract governed by the Terms. Please quote the order number provided to you whenever you contact us regarding your order.
You may place an order with us by completing and submitting the order form on the website or dropping us an email at [email protected]. It is your responsibility to ensure that your order and all information provided to us is accurate. An order shall be deemed irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process such any such order without your consent and without any further reference to you.
We will notify you if we are unable to accept and/or process your order for any reason including, without limitation, if the product(s) in your order is out of stock or is unavailable, if a credit reference we have obtained for you does not meet our minimum requirements, if there are limitations on our resources for which we could not reasonably plan, if we have identified an error in the price and/or description of the product, or if we are unable to meet a delivery deadline or other request you have specified.
The price payable by you for a product shall be the price listed for sale as stated on the Website at the time your order is transmitted to us through the Website, together with any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. In the event that any product has been mispriced on the Site, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
For more information on shipping and delivery of your order, please refer to our Shipping info for more information.
In addition, should the item(s) that you order be out of stock or on back-order, the delivery of your entire order will only take place once such item(s) become available, unless otherwise specified by you at the time of your order.
If the delivery of your order fails for any reason and your order is returned to us, we would be happy to arrange for the re-delivery of your order, subject to you paying for any further delivery costs. We reserve the right to terminate your order should you repeatedly fail to take delivery.
Unused and unopened items in their original packaging may be returned to us (at your own cost) within fourteen days of the date of our email notification confirming that your order has been processed. Please contact us via email at [email protected] and quote your order number before proceeding to return any item(s). Items purchased on sale may not be returned.
Upon our receipt of the returned item(s) in their original packaging, we will proceed to provide you with a refund for the amount paid by you for the returned item(s), excluding shipping costs.
We regret that we will only be able to offer refunds for items purchased from the Website.
6. INCORRECT OR INCOMPLETE ORDERS
If you believe that you have received the wrong item(s) or that your order is incomplete, please contact us at [email protected] with your order number so that we may assist you. In the event that we ask you to send any items back to us, we will reimburse you for the cost of sending such item(s) to us via normal ordinary mail. Please note that items must be unopened and unused and in their original packaging.
7. PROHIBITED ACTIVITIES
You undertake that you will:
- Not use the Website and/or our services or products for any illegal or unauthorised purpose or any other purpose not authorised by us;
- Not attempt to gain unauthorised access to the Website, or otherwise interfere or disrupt other computer systems or networks that may be connected to the Website, interfere with the utilisation and/or enjoyment of the Website by another user, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another user’s computer or mobile device or the Website; and
- Not disrupt, interfere with, hack into or otherwise impair the proper working of the Website and/or post or transmit through the Website any information, graphics, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; and/or any such information, data or material that may be defamatory, libelous or threatening or is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law or regulation; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
8. INTELLECTUAL PROPERTY
All intellectual property rights in and to the content on the Website and any material published in it is owned by or lawfully licensed to, us and we reserve and retain all rights in such material. You shall not, without our prior written consent, copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means. The name of The Candle Hour or any of our marks may not be used in any way, including in any advertising or publicity, or as a hyperlink, without our prior written consent.
9. USER COMMENTS AND SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
You agree to indemnify us and hold us and our partners, affiliates, agents and representatives harmless from any claims, losses, damages, costs and expenses arising out of your access of, use of and/or participation in the Website, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents; and (iv) breaches of your obligations under the Terms.
11. ACCESS TO THE WEBSITE
We may change any content or material on the Website at any time in our discretion. You acknowledge that the content or material on the Website may be out of date at any given time and that we are under no obligation to update the Website. We shall not be liable if for any reason the Website, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Website for any reason without prior notice to you.