Terms of Business:
means these terms and conditions;
means any product displayed for sale on our website, any product made to your specification or any product that we otherwise may sell to you;
means the information provided in relation to the individual product;
means the user of the website;
Company, We, Us, Ours: means Candalia Limited (company number 12275855), a company registered in England and Wales with registered office address Kemp House, 160 City Road, London EC1V 2NX, U.K.
Website: Www.candalia.uk including any subdomains thereof, and any other websites through which we make our services available to you;
means small text files, which our Website places on your computer’s hard drive to store information about your shopping and to identify your computer;
means a user of this Website or any other person or entity that places an order;
United Kingdom: means England, Wales, Scotland, Northern Ireland and Channel Islands;
Consumer: you are a consumer if you purchase the Products for domestic and private use only;
You are a Trade User if you are legal entity with registered company purchasing products for distribution purposes only
Event Outside Our Control:
any act or event beyond our reasonable control including fire, flood, power surge, natural disasters, pandemic, terrorist act, Governmental order or regulation, strikes and nationwide product shortages;
Order: your order for the Products, as set out in your basket if purchase is made on our Website.
Our terms on how we collect, use and store personal data of our website’s visitors which appears on our Website.
- About Us
2.1. If you have any questions about our Products or these Terms of Business please contact us before you place an order. You can get in touch by emailing our customer services to firstname.lastname@example.org or by calling us on any of our designated telephone numbers which are available on our Website.
3.2. 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. You agree to follow the Acceptable Use policy set out on our website
3.3. We retain the right temporarily or permanently, with or without notice to you, to modify or withdraw the access to this Website (or any part thereof). You confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
3.4. 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. We also do not make any warranties in respect of 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.
3.5. 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, 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.
3.7. Due to the nature of the internet and other external factors, we cannot guarantee the continuous accessibility and uninterrupted availability of the Website. We may also restrict availability of certain areas or features of the Website at any time. We may also change, modify, enhance, improve, restrict and introduce new services or Products from time to time or introduce other services or Products supplied by other providers.
3.8. We are the owner or the licensee of all intellectual property rights in our site including our registered trade mark Candalia and logo, and in the material published on the Website including images and words. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.9. 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 organization to content posted on our site.
3.10. 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.
3.11. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
3.12. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
- Terms of Business
4.1. Please read these Terms of Business carefully, as they contain important information about your legal rights, remedies and obligations. They will tell you who we are and define the terms of sale of Products to you. They also tell you how we may change these terms or end the contract with you, what to do if there is a problem and other important information.
4.2. By purchasing from us you agree to comply with and be bound by the Terms of Business. If you do not agree to these Terms of Business, you should not purchase Products from us.
4.3. We recommend that you print or save a copy of these Terms of Business for future reference.
4.4. We especially bring your attention to Clause 14, which refers to the limitation of our liability.
4.5. Trade Users should also carefully read clause 5 belowWe also bring to your attention that these terms apply exclusively to Consumers.
4.6. These Terms of Business are made only in the English language.
4.7. No other terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of these Terms of Business unless expressly otherwise stated in these Terms of Business.
4.8. You must be at least 18 years old and be able to enter into legally binding contracts to access and use our Website or place any order. By accessing or using our Website and/or buying from us or by requesting us to provide you with the quote, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you act on behalf of the entity you also represent that you have the authority legally to bind that entity.
• 4.9.1. If you purchase the Products as a Consumer, you agree not to use the Products for any commercial, business or re-sale purposes. Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to Consumers only and does not apply to Trade Users.
4.10. In accordance to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we must provide you with certain information. This required information is set out in our Terms of Business.
- Trade Users
5.1. If you are a Trade User, before you are able to access and use certain features applicable to Trade Users you must create a Trade User account with us. Please note that different terms will apply if you are purchasing our goods as a Trade User as set out in these Terms of Business and statutory provision relating only to business users.
5.2. If you are creating a Trade User account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Business.
5.3. As a Trade User you may be entitled to certain discounts and offers that are not available to Consumers. You agree and understand that as a Trade User you will also be entitled to different statutory rights from those to which a consumer would be entitled and agree that any other statutory provisions intended for consumers only shall not be applicable to you as a Trade User when you purchase Products from us.
5.5. You undertake and warrant that the information that you provide to us at any time is accurate, current and complete and that you will keep the Trade User account up to date at all times.
5.6. You may not register more than one Trade User account unless we expressly authorize you to do so and you may not assign or otherwise transfer your Trade User account to another party.
5.7. It is your responsibility to ensure that you maintain the confidentiality and security of your Trade User account credentials and do not disclose them to any third party. You must immediately notify us if you know or have any reason to suspect that your information or your log in details have been lost or stolen, compromised or misappropriated. You are liable for any and all activities conducted on your Trade User account unless such activities are not authorized by you or you are not otherwise negligent including but not limited in your failure to inform us of any potential or actual unauthorized use of your Trade User account or loss of your credentials.
5.8. You agree to indemnify us if we suffer a loss due to your failure to comply with Clause 5.5, Clause 5.6 and Clause 5.7.
- Placing an Order
6.1. This Clause 6 applies to all orders you place for Products.
6.2. No other terms are implied by trade, custom, practice or course of dealing.
6.3. If you do not wish to accept these Terms of Business, you will not be able to buy Products from us. You indicate acceptance of these terms by placing an Order with us.
6.4. We will take reasonable care to ensure that all details, descriptions and prices of Products that appear on our Website are correct at the time when the relevant information was uploaded onto our system. Although we aim to keep the Website as up to date as possible, the information appearing on our Website may not always reflect the position or the availability of the Products at the time when you place an order. We are also unable to confirm the price of the Products until your order is accepted in accordance with Clause 7.5.
6.5. The listing of the Products on our Website is an invitation to treat only.
6.6. 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. The colour of your Products may vary slightly from those images.
6.7. We take orders online from our Website. The technical aspects of placing your order and our acceptance of the order online will take place as follows:
• 6.7.1 Once you have selected the Product of your choice, please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Product specified in the order subject to these Terms of Business.
• 6.7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
• 6.7.3 Before you are able to complete your order online, you will be requested to enter your payment details online. We will normally not collect your payment unless we have accepted your offer but preauthorization may be still applied to your card at this stage.
• 6.7.4 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 6.7.5.
• 6.7.5 Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence for the sale of Products.
• 6.7.6 If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible and we shall have no liability to you other than such refund. We only refund payments to the same credit or debit card used to place an order.
6.8. Non- acceptance of the order may be a result of a number of reasons including one of the following:
• 6.8.1 The product is no longer in stock;
• 6.8.2 We are unable to collect your payment;
• 6.8.3 There was an error in the pricing or identification/description of the product;
• 6.8.4 You are unable to meet eligibility to order criteria set out in Clause 4.8.
• 6.8.5 We suspect fraudulent activity.
- Price of Products
7.1. The prices of the Products will be as quoted on our site at the time you submit your order or as quoted over the telephone or via correspondence which includes email. 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.
7.2. The prices that we quote are in GBP. Payments must be made to us in GBP and any refunds will only be issued by us in GBP. We do not accept liability for fluctuations in the exchange rate which may affect the price of the Products or your refund.
7.3. We may change the prices for our Products at any time, but changes will not affect any order that has been accepted by us.
7.4. The price of Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. If you buy from outside the UK we will let you know what VAT rate if any applies.
7.5. The price of the Products excludes delivery charges (and import duties and other customs duties) unless expressly otherwise agreed. The costs of delivery will be as displayed to you on our website.
8.1. You can pay for Products online using a debit card or credit card or Paypal. We accept all major credit and debit cards.
8.2. Payment for the Products and all applicable delivery charges is to be made in advance before we dispatch the Products.
8.3. If we reasonably suspect a fraudulent payment then we will not dispatch any Products and we will not carry out any refunds until authorized by our bank.
- Changes to Order
9.1. If you wish to make a change to the product you have ordered, please contact us by email to email@example.com. 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.
9.2. We may make minor changes to the Product:
• 9.2.1 to reflect changes in relevant laws and regulatory requirements; and
• 9.2.2 to implement minor technical adjustments and improvements, for example to address a health and safety threat or where UK regulatory requirements change. These changes will not affect your use of the Product.
9.3. We may make more significant changes to the Products but if we do so we will notify you and you may then contact us to end the contract before the changes takes effect and receive a refund for any products paid for but not received.
- Dispatch and Delivery
10.1. Once your payment has cleared and your order has been accepted, we will process your order for delivery. You will receive a dispatch confirmation email once your order has been dispatched.
10.2. We will deliver the Products, goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
10.3. Occasionally an Event Outside Our Control may affect our delivery to you. See Clause 15 for our responsibilities when this happens.
10.4. The Products will be dispatched to the address that you have given to us when placing your order. We will not be liable for any delay in delivery of the Products that is caused by your failure to provide us with adequate delivery instructions or have provided wrong address. We may in certain circumstances send the Products to another address, but this will be at our sole discretion. Where you have ordered the Products as a gift for someone else you must ensure in advance that that recipient is happy that any details of them which you send to us can be sent to us.
10.5. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox and you have not given us alternative means of delivery or safe place to leave the products, the courier will leave a note informing you of how to rearrange delivery or collect the products from a local depot.
10.6. If you do not collect the Products from or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we may charge you for 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 Clause 14 will apply.
10.7. A Product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organized by you collect it from us. If you have agreed we can leave a Product with a neighbour or in a safe place then our responsibility ends when they are delivered there.
10.8. If we fail to deliver the Products, our liability is limited to the replacement of the Products or the fee you have paid for those Products. However, we will not be liable to the extent that any failure to deliver was caused your failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.
10.9. We deliver to the UK and we also deliver to EU countries and may deliver to countries outside the EU at our sole discretion. The Deliveries and Returns page on our Website sets out the list of countries where we deliver Products. This is regularly updated from time to time. If you are not on that list please contact us to confirm if we can make special arrangements to deliver the Products to you. Please note that there may be restrictions on some Products for certain international delivery destinations, so please ensure that your country can accept the delivery of the Products before placing an order.
10.10. If you order Products from our Website for delivery outside the UK including where we deliver to the EU and other international delivery destinations, 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.
10.11. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.12. 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.
11.1. We will use all reasonable endeavours to ensure that the Products:
• 11.1.1 conform in all material respects with their description and any applicable specification (“Specification”);
• 11.1.2 are free from material defects in design, material and workmanship;
• 11.1.3 are of satisfactory quality;
• 11.1.4 be fit for any purpose held out by the Company.
11.2. You should inspect the Products as soon as reasonably practicable and you must inform us promptly if the Products are faulty or they are not as described.
11.3. You may also ask us to replace the Product but please note that we may be unable to replace them given the nature of the Products that we sell and given that all the Products that are sold by us are strictly subject to availability.
11.4. The Products’ paperwork and packaging increases the value of the Product. If the remedy that is available to you is refund, please note that certain deductions may be applicable from the refund amount that would be due to you if you are unable to return the faulty product together with its original packaging.
11.5. This clause does not affect merchant guarantees and other express warranties that are given to you at the time of purchase.
11.6. Please note that if we have informed you that the Products have certain fault with them at the time of purchase, they will not be regarded as faulty products unless they have another fault than the one that has been notified to you at the time when you place an order.
11.7. We shall not be liable for our failure to comply with the warranty set out in Clause 11.1 above due to any of the following events:
• 11.7.1 the defect arises because you have failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Product or (if there are none) good trade practice regarding the same.
• 11.7.2 you alter or repair the Product without our written consent;
• 11.7.3 the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
• 11.7.4 the Products differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.8. Except as provided in Clause 9, we shall have no liability to you in respect of the Product’s failure to comply with the warranty set out in Clause 11.1.
11.9. The Company reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
12.1. If you are a Consumer and you purchase our Products, you are entitled to certain cancellation rights when you buy Products at a distance. In relation to candle Products there is no cancellation right as described below once you have lit the candle by virtue of regulation 28(1)(c) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 due to the nature of the Product. In other cases such as candles which have not been lit and other products of a different nature which do not expire by burning and which are not customised for you;-
• 12.1.1 You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Products.
• 12.1.2 If you wish to exercise your right of cancellation, you are obliged to retain possession of the Products and take reasonable care of them.
• 12.1.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel.
• 12.1.4 If you send us your cancellation by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
• 12.1.5 If you decide to cancel, you should return the Products to us at your cost within 14 days of such cancellation.
• 12.1.6 You should return the Products to us in accordance to Clause 13.1.
12.2. If you are Consumer, your right to return products does not apply to Products that are sold in the store at one of our retailers unless store return policy applies at the time of purchase. This does not affect your statutory rights if Products are faulty or not as described.
12.3. The Company may terminate the Contract in accordance to Clause 16.
13.1. If you wish to return the Products because they are faulty or you have cancelled your purchase, you must ensure that you take reasonable care of the Products and you must return the Products, together with all the packaging as is applicable to the designated address. You must return the Products to us within 14 days of notifying us that they are faulty or that you wish to exercise your cancellation rights. See also the Deliveries and Returns page on our Website. If that conflicts with these Terms of Business these Terms of Business prevail.
13.2. If you have cancelled your purchase (rather than terminated due to defects), return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. In all cases we recommend you use a tracked mail system and retain proof of postage. You should ensure that they are packed appropriately to prevent damage during transit. Unless the Products were faulty or not what you ordered, the return postage will be at your cost. Please ensure that when posting the Products back to us you use at least as secure courier services as the ones that we have used to send the Products to you as we will not be responsible for the items lost or damaged in transit when you are posting them back to us.
13.2. If you are returning faulty Products we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt. If you are based outside the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt. We may also arrange our own collection of the Products in which case you must use the courier of our choice to return the Products.
13.3. If you are based outside the UK you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities. Please ensure that you correctly complete the relevant declarations. Any additional charges for customs clearance will be your responsibility. If you are unsure about whether these charges might apply to your order you should contact your local tax or customs office for further information.
13.4. Upon receipt of the Products we will need reasonable time to inspect the Products returned to ensure that they have not been altered in any way and that they are the same item that was sold to you. We may also make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary or negligent handling by you.
13.5. We will make any refunds due to you no later than 14 days after the day we receive back from you any Products supplied. All refunds will be made only to the same card or account used for the original order.
13.6. These Terms also apply to any replacement Products supplied by us to you.
- Our Liability
14.1. The availability and use of the Website, Products and Services is on an ‘as is’ and ‘as available’ basis.
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 and for breach of your legal rights in relation to the Products including the right to receive products which are:
• 14.2.1 as described and match information we provided to you and any sample or model seen or examined by you;
• 14.2.2 of satisfactory quality;
• 14.2.3 fit for any particular purpose made known to us;
• 14.2.4 supplied with reasonable skill and care and, where installed by us, correctly installed;
• 14.2.5 and for defective products under the Consumer Protection Act 1987
• 14.2.6 any other liability that cannot be limited or excluded by law.
14.3. If you are a Consumer and 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 sale.
14.4. Except as expressly stated in these Terms of Business, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
14.5. If you are a Consumer we are not liable for business losses. If you are a Consumer we only supply the Products for you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited.
14.6. If you are a business, nothing in these terms shall limit or exclude our liability for:
• 14.6.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• 14.6.2 fraud or fraudulent misrepresentation;
• 14.6.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• 14.6.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.7. Subject to Clause 14.2 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any contract between us for:
• 14.7.1 any loss of profits, sales, business, or revenue;
• 14.7.2 loss or corruption of data, information or software;
• 14.7.3 loss of business opportunity;
• 14.7.4 loss of anticipated savings;
• 14.7.5 loss of or damage to goodwill;
• 14.7.6 any indirect or consequential loss.
14.8. Subject to Clause 14.2, our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
14.9. Some jurisdictions may not permit us to exclude or limit our liability for incidental or consequential damages. However please note that in such event we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when we entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- Events outside our control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control.
15.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
• 15.2.1 we will contact you as soon as reasonably possible to notify you; and
• 15.2.2 our obligations under the 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.
• 15.2.3 you may cancel the 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.
16.1. We may terminate this Agreement without notice if you have materially breached your obligations under these Terms of Business or any of our Policies as in force at the time or if we believe, in good faith, that such action is reasonably necessary to protect the personal safety or property of us, our staff, clients or payment provider and any other third party involved in the provision of any services for the facilitation of these Terms of Business.
16.3. If you are a Trade Use, you may terminate this Agreement at any time by deleting your Trade Account. You understand that if you delete your account, these Terms of Business will still apply to any orders that you have already placed and that were accepted by us.
16.4. If you are a Consumer every purchase will be a standalone contract and it will terminate once both parties’ duties under the contract have been completed.
16.5. If you or we terminate this Agreement the clauses of these Terms of Business that reasonably should survive termination of the Agreement will remain in effect.
- Communication between us
17.1. When we refer to “in writing” in these Terms of Business, this includes email.
17.2. Any notice or other communication given by one of us to the other under or in connection with these Terms of Business must be in writing and sent by email.
17.3. A notice or other communication is deemed to have been received at the time it was received by either party.
17.4. In proving the service of any notice it will be sufficient to prove that such email was sent to the specified email address of the addressee.
17.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action in which case normal service procedures.
- Assignment and Transfer
18.1. We may without restriction assign, transfer or delegate our rights and obligations under these Terms of Business to another entity. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
18.2. You may not assign, transfer or delegate your rights and obligations under these Terms of Business without our prior written consent.
19.1. We reserve the right to change these Terms of Business at any given time.
19.2. We may change these Terms of Business from time to time by posting a revised version of it on our Website. You will be able to see the most up to date version of the Terms of Business and the date and time of when these Terms of Business have become effective.
19.3. Unless we have to do so without notice to comply with legal or regulatory requirements, we will confirm the date when the revised Terms of Business come into effect (Effective Date) and will provide you with at least 30 days’ written prior notice of the Effective Date of the revised Terms of Business.
19.4. We may post the notice of the updated Terms of Business on our Website and/or we may notify you of the change by e-mail, to the e-mail address you have used to register your User account or Trade User Account. We will also confirm the effective date of the Terms of Business and your right to terminate the Agreement if you are unhappy with the change of the Terms of Business.
19.5. If you access or use our Website or continue to buy from us, sell to us or use our services before the Effective Date you will be considered as having consented to all the changes to these Terms of Business.
19.6. If you disagree with the revised Terms of Business, you will be able to terminate this agreement. If you do not agree with the revised terms you must not use the Website. If you do not agree to the changes in the Terms of Business you will be able to close your account at any time.
- Entire Agreement
20.1. Except as they may be supplemented by additional terms and conditions this Terms of Business constitute the entire Agreement between us and you pertaining to the sale of Products and supersede any and all prior oral or written understandings or agreements between you and us in relation to the access to and use of our Website. If they conflict with any other terms on our Website these Terms of Business will prevail.
- Third Party Rights
21.1. Unless it expressly states otherwise, these Terms of Business do not give rise to any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.
22.1. If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
22.2. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Business.
23.1. If we do not insist that you perform any of your obligations under these Terms of Business, 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 or that you do not have to comply with those obligations unless acknowledged and agreed by us in writing. Except as expressly set forth in these Terms of Business, the exercise by either party of any of its remedies under these Terms of Business will be without prejudice to its other remedies under these Terms of Business or otherwise permitted under law.
24.1. Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorize a party to make or enter into any commitments for or on behalf of the other party.
25. Intellectual Property
25.1. You acknowledge and agree that any intellectual property rights in content available on our Website, all copyright, trademarks and designs shall remain at all times vested in us or our licensors. Candalia is a registered trade mark in the UK registered under trade mark number UK00003408533 and our logo is registered as a UK trade mark number UK00003408532.
You are permitted to use this material only if and as expressly authorized by us or our licensors. Your attention is drawn to our Acceptable Use Policy and our Terms of Website use which are also on our Website.
- Governing Law
26.1. These terms are governed by English law and you and we can bring legal proceedings in respect of the products in the English courts. If you and we live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you and we live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English Courts.
26.2. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.