These terms and conditions apply to the use of the Harper’s Candles Limited website and, by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not access this Website. If you have any questions relating to these terms and conditions please email us at victoria@harperscandles.com before placing an order and we will get back to you as soon as we can.

ALWAYS READ THE SAFETY AND GENERAL INFORMATION REGARDING THE SAFE AND PROPER USE OF OUR PRODUCTS.

HAZARDOUS MATERIALS WARNING

All of our candles have standard product warnings in relation to their use.  Read any instructions carefully.  We never advise that candles should be given to children.

Definitions

“Conditions” means these terms and conditions;
“Product” means an item displayed for sale on the Website;
“Product Description” means that part of the Website where certain terms and conditions in respect of a Product are provided;
“Users” means the users of the Website collectively;
“Personal Information” means the details provided by you;
“We/us” means Harper’s Bizarre;
“Website” means the website located at www.harpersbizarre.org.uk;
“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and
“You” means a user of this Website.
Use of the website

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed in accordance with these Conditions. You warrant that the Personal Information which you provide as a customer is true, accurate, current and complete in all respects. You will notify us of any changes to the Personal Information by e-mail victoria@harpersbizarre.org.uk.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Privacy

As with all shopping websites, we collect personal information from you when you shop online at harperscandles.com.

We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, inform you of any delays or problems and to send you special offers and promotions.

The information we collect is:

Your name, so we know what to call you
Email address, so we can email you order confirmations, delivery delays, offers etc
Delivery address, an obvious one
Telephone number, we’ll only call if we have a delivery problem
Payment Card details, we only ask for these when you place an order
Mobile number, so we can text you with details about your orders or where we have a question

We use secure server technology to ensure this information is protected to the highest standards.

We do not use or access your credit card information as our processing is done through PayPal. This means you cannot inadvertently place an order through an unsecured connection. This encryption makes it virtually impossible for unauthorised parties to read any information that you send us.

Data Protection

Harper’s Candles Limited is a registered data user under the Data Protection Act. We will never pass on your details on to a third party for marketing purposes without your permission. There are only three circumstances where we may share some of your data with others:

  • With agents such as fraud prevention and detection agencies. In these instances, we provide them with only the information they need to perform their function
  • In the unlikely event that our business assets are ever sold to or purchased by another company. (Our data records are part of our business).
  • To our courier services so that they may also find you and/or contact you regarding your delivery.

If you have questions about your personal data or our privacy policy, please email victoria@harpersbizarre.org.uk.

To see all the information we have about you, and to correct any inaccuracies, please write to:
Data Protection

Harper’s Candles Limited
Unit 3
71a Salisbury Street
Hull
HU5 3DU

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

You place the order for your products on the Website by pressing the Submit button on the Payment page of the checkout process. You will be passed to PayPal for secure payment and your credit or debit card will then be charged (if you do not have a PayPal account).
If you have provided a valid email address, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Harper’s Bizarre.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or Cancel an order

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

Contract cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products. If you wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns procedure. Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty: goods made to your specification; perishable goods (for example food) or anything else we should include.

Description of products

Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Harper’s Candles Limited Gift Vouchers

When Harper’s Candles Limited gift vouchers are available, they can be used to purchase goods online harperscandles.com, or in person from Harper’s Candles Limited. They may not be exchanged for cash.

If the goods purchased online total less than the value of the gift voucher, any balance will be lost.

When redeeming gift vouchers online or in person you will be required to give the serial number of the voucher.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.  Buying Harper’s Candles Limited products does not entitle the use of any of our copyright or trademarked material beyond the use expressly authorised by us or our licensors, or for any instance that is confusingly similar.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Harper’s Candles Limited and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

The registered company address:

Harper’s Candles Limited
Unit 3
71a Salisbury Street
Hull
HU5 3DU

Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to: victoria@harperscandles.com

Thank you for reading all of this – and well done!