1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or our subscription services. These terms also cover the use of our website.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you can subscribe or unsubscribe to our membership services, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 There are other terms that may apply to you. In addition to these terms, the following additional terms may also apply:

• Our Privacy Policy.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

2. Information about us and how to contact us

2.1 Who we are. We are BEMAN Candles Ltd, trading as BEMAN Candles, a company registered in England and Wales. Our company registration number is 13909890 and our registered office is at 31 Wednesbury Street, Newport, Wales, NP19 0FG. We operate the websites www.bemancandles.co.uk and www.bemancandles.com.

2.2 How to contact us. You can write to us by emailing: hello@bemancandles.co.uk

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1 Product disclaimer. The products offered or promoted on our website are not medical products or medical devices and may produce different results for different users. The products should be used by you only as directed. Any advice that we give you, either on our website or in any other communication with you, does not constitute medical advice and should not be relied upon. Please see your General Practitioner or other relevant medical practitioner for any issues arising out of the use of the products. 

4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 9 ‘Your rights to end the contract’).

6. Our rights to make changes

6.1 Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1 Delivery costs. The costs of delivery will be displayed clearly on the order page before payment is requested.

7.2 UK delivery. Once all the products are placed in your basket, the delivery costs will be determined by the weight of the order and the destination.

 7.3 International delivery. We deliver internationally. Once all the products are placed in your basket, the delivery costs will be determined by the weight of the order and the destination.

7.4 Import duties and taxes for international delivery. Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of such import duties and taxes. You must comply with all applicable laws and regulations for which the products are destined. We will not be liable to or responsible if you break any such law.

 

7.5 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the order includes our subscription services, we will also tell you during the order process when and how you can end the contract.

(a) One-off sales of products. We will deliver the products to you in line with the delivery option you have chosen, and in any event within 14 days after the day on which we accept your order.

(b) Subscription services. We will supply the products to you until the subscription expires (if applicable) or you end the contract as described in 9 or we end the contract by written notice to you as described in 11. Please see clause 8 for more details on our subscription services.

7.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. An event outside our control includes the COVID-19 pandemic, regardless if it is in circulation or foreseeable at the time that the contract comes into existence.

7.7 Collection by you. If you have asked to collect the products from our premises, we can arrange this with you on a case-by-case basis. 

7.8 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.9 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 11.2 will apply.

7.10 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7.12 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under 7.10, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at hello@bemancandles.co.uk for a return label or to arrange collection.

7.13 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.14 When you own goods. You own a product which is goods once we have received payment in full.

7.15 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, billing address, shipping address and payment details. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7. 16 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see 6).

7.17 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a subscription service for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.18 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products, or any subscription services, until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products or the subscription services. We will not suspend the products where you dispute the unpaid invoice (see 13.11). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 13.5).

8. Subscription services

8.1 Application of this clause. Our products can be bought as one-off purchases or by way of our subscription services. If you chose our subscription service, this clause 8 will apply to your purchase.

8.2 If your order includes a subscription service, it can be purchased on our website checkout like any other product. Any of our products can be bought on a subscription basis.

8.3 Discount and orders. Our subscription service entitles to you to a discount over single purchase products. 

8.4 Minimum period and cancellation. Subscription services are for a minimum period of 2 months. After the minimum period has ended, you can cancel the subscription at any time, by logging into your customer account in accordance with clause 10. This clause does not affect your rights under clause 9.3.

8.6 Payment. Payment for our subscription services will be in accordance with clause 13.

8.7 Returns. You will still be entitled to return products that have been bought under our subscription services, in accordance with clause 10.2.

9. Your rights to end the contract

9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 12;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see 9.2;

(c) If you have just changed your mind about the product, see 9.3. You may be able to get a refund if you are within the cooling-off period, but this is subject to product restrictions (see clause 9.5), may be subject to deductions and you will have to pay the costs of return of any goods;

(d)I n all other cases (if we are not at fault and there is no right to change your mind), see 9.6.

9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see 6.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see 7.10).

9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

9.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(b) any products which become mixed inseparably with other items after their delivery.

9.4 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Subscription services: you have 14 days after the day we email you to confirm we accept your order. If, whilst the period is still running, we have delivered the products you have chosen under the subscription services, and you change your mind and cancel the service, you must either return the products to us in accordance with clause 10.2, or pay for the products received. The subscription discount(s) shall not apply to any products that you have cancelled the subscription services for and not returned to us, and the full price will be charged to the payment method you used for your purchase.

(b) One-off purchases of products: you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

9.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

10. How to end the contract with us (including if you have changed your mind)

 

10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) email us at hello@bemancandles.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Log in to your account:

10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us (except where you have chosen to keep the products under any subscription services, as described in clause 9.6(a)). You must either return the goods in person to where you bought them, post them back to us at 31 Wednesbury St, Newport, NP19 0FG or (if they are not suitable for posting) allow us to collect them from you. Email us at hello@bemancandles.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

10.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(c) if you are exercising your right to change your mind.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

10.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 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.

(c) For our subscription services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

10.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11. Our rights to end the contract

11.1 We may end the contract if you break it. We may end the contract for a product or subscription service at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

11.2 You must compensate us if you break the contract If we end the contract in the situations set out in

11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

11.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

12. If there is a problem with the product

12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hello@bemancandles.co.uk.

12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also 9.3. If your product is a subscription services, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

13. Price and payment

13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 13.3 for what happens if we discover an error in the price of the product you order. 

 

13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

13.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, ApplePay, GooglePay, American Express and PayPal. When you must pay depends on what product you are buying:

 

1. a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

b)For products bought under a subscription service, on day of dispatch and in accordance to your preferred duration between orders.

 

13.10 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

 

13.11 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at 12.2.

 

14.3 We are not liable for business losses. We only supply the products and provide our website for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

15. How we may use your personal information

15.1 How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy

 

 

16. Promotions, discounts and competitions

16. 1 Sometimes we may offer promotions or give you discount codes to reduce the price of specified products. Each promotion or discount code has its own rules which will be made clear at the time of issue.

 

16.2 Discount codes will need to be entered at the time placing the order during the checkout process to be applied to your order.

 

16.3 Discount codes are non-transferable and cannot be used in conjunction with any other promotions or discounts.

 

16.4 We may cancel or suspend a promotion or promotional code without notice and at our discretion.

 

16.5 Competitions. From time to time, we may run competitions, either independently or in collaboration with our partners. These competitions will be free to enter and no purchase is necessary, although we may ask you to like and share our social media pages before you are entered into the competition. 

 

16.6 The opening and closing dates of the competitions will be clearly marked. Competition entries received after this time will not be considered. We accept no responsibility for competition entries not successfully completed due to a technical fault of any kind.

 

16.7 Winners will be chosen by random draw performed by a computer process or supervised by an independent person on the date indicated in the competition details. The winner will receive the products indicated in the competition details. The winner will be notified by email, telephone or social media (using details provided at entry) within 14 days of the end of the competition and must provide a postal address to claim their prize. If a winner does not respond to us within 7 days of being notified by us, then the winner’s prize will be forfeited and we will be entitled to select another winner in accordance with the process described above.

 

16.8 The prize will be sent to the winner by post within 14 days of being notified of their win. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered. We reserve the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond our control makes it necessary to do so.

 

16.9 Our decision regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about the competitions.

 

16.10 We will either publish or make available information that indicates that a valid award took place. To comply with this obligation, we will send the surname and county of major prize winners to anyone who emails us at hello@bemancandles.co.uk. If you object to any or all of your surname, county and winning entry being published or made available, please contact us at hello@bemancandles.co.uk. In such circumstances, we must still provide the information and winning entry to the Advertising Standards Authority on request.

 

16.11 When participating in our competitions, you will be deemed to have accepted and agreed to be bound by these terms and conditions upon entry. We reserve the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions. We reserve the right to hold void, cancel, suspend, or amend the competition where it becomes necessary to do so.

 

16.12 Insofar as is permitted by law, we, our agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by negligence by us, our agents or distributors or that of their employees. Your statutory rights are not affected.

 

16.13 Personal data supplied during the course of this promotion will only be processed as set out in the our Privacy Policy. Competitions will be governed by English law and entrants to the prize draw submit to the jurisdiction of the English courts.

 

17. Use of our website

17.1 By using our website, you confirm that you accept these terms of use and that you agree to comply with them. We may update and change our site from time to time.

 

17.2 We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

17. 3 You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@bemancandles.co.uk

 

17.4 How you may use material on our site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

17.5 Do not rely on information on this site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

17.6 We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

17.7 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

 

17.8 Uploading content to our site. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 17.9. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content. We do not store terrorist content.

 

17.9 Rights you are giving us to use material you upload. When you upload or post content to our site, you grant us the following rights to use that content:

1. a) worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to forever;
2. b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.

 

17.10 We are not responsible for viruses and you must not introduce them. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

17.11 Rules about linking to our site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on our site other than that set out above, please contact hello@bemancandles.co.uk .

 

18. Other important terms

 

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at 1.1 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example by providing us with the order confirmation.

 

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

1.1 Our trade marks are registered. BEMAN CANDLES (UK00003799747) is a UK registered trade mark of Ricki Takooree, Director of BEMAN Candles Ltd. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under clause 17.4.

 

18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.