Our terms & Conditions
Your Statutory rights are not affected by any of the following terms and conditions.
TERMS & CONDITIONS
For On-Line Customers (Effective from 1st August 2017)
"Buyer" means the person, firm or company who accepts NDC’s quotation for the sale of the Goods or whose order for the Goods is accepted by NDC;
"Contract" means the contract for the sale and purchase of the Goods;
"Goods" means the goods (including any instalment of the goods or any parts for them) which NDC is to supply in accordance with these Terms;
"NDC" means NextDayCandles.com – Fragrant Flame Ltd Company Number 10398872;
"Terms" means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed between the Buyer and NDC;
"Working day" means Monday to Friday excluding Bank Holidays and Public Holidays and the period between Christmas Day and New Year's Day;
"Writing" and any similar expression, includes email and comparable means of communication, including by postal mail, but does not include social media or text message.
BASIS OF THE SALE
NDC shall sell and the Buyer shall purchase the Goods in accordance with these Terms, which shall govern the Contract to the exclusion of any other terms save those specifically agreed in Writing by both parties. No variation to these Terms shall be binding unless agreed in Writing by NDC. No representations concerning the Goods are binding unless confirmed in Writing by NDC but nothing in these Terms affects the liability of either party for fraudulent misrepresentation. Any advice or recommendation given by NDC as to the storage, application or use of the Goods which is not confirmed in Writing by NDC is followed or acted on entirely at the Buyer's own risk, and NDC shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, invoice or other document or information issued by NDC shall be subject to correction without any liability on the part of NDC. Where specific makes are mentioned in connection with replacement parts it is not implied that NDC has any association with the original maker. No part of any NDC publication may be reproduced, stored or transmitted in any form or by any means without the written approval of NDC. It is acknowledged that all trademarks and trade names mentioned in any NDC publication or on the NDC website other than those owned by NDC are the property of their respective companies/owners.
No order submitted by the Buyer shall be deemed to be accepted by NDC unless and until confirmed by NDC which confirmation shall set out the quantity, quality and description of the Goods and any special terms relating to the Contract. The Buyer shall be responsible to NDC for ensuring the accuracy of any order submitted. Orders received and accepted by NDC before 4.00pm (for Royal Mail 1st Class Deliveries) or 3.00pm (for Courier Next Working Day Deliveries) on a Working Day will be dispatched on the same Working Day, subject to stock availability. Orders received after these times on a Working Day will be dispatched the following Working Day, subject to stock availability. The Buyer's telephone calls may be recorded for training purposes and NDC may refuse to trade with any Buyer at its sole discretion.
Where (1) the Buyer is a private person purchasing the Goods for their own private use the Buyer shall have the right (pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)) to return the Goods to NDC at its own cost for any reason within 30 calendar days of the date of delivery of the Goods and (2) where the Buyer is acting in the course of a business the Buyer shall have the right to return the Goods to NDC provided that the Buyer shall have first obtained NDC’s prior consent in Writing to return the Goods (such consent being entirely at the discretion of NDC) PROVIDED THAT in each case: (a) the Buyer shall have completed and submitted NDC’s ‘Returns Merchandise Form’ (click here for the Returns Merchandise Form) to NDC within 30 calendar days of the date of delivery of the Goods; (b) the Goods are clearly marked with the RMA 'Returns Merchandise Authorisation’ number that the Buyer will be sent by NDC upon submission of the 'Returns Merchandise Form' ; (c) the Goods are returned via a postal/carrier service that requires a signature upon delivery and signature is obtained from authorised personnel at NDC; (d) the Goods are in a saleable condition and complete with all labels, components and undamaged and original packaging intact. Where the Buyer is a private person and the Goods are returned within the 30 day period mentioned above in an undamaged or unused condition, NDC reserves the right to charge either £5.00 or 20% of the value of the invoice (whichever is greater). Where (1) the Buyer is a private person and the 30 day period referred to above has expired and (2) where the Buyer is acting in the course of a business, the acceptance of returned Goods shall be at the complete discretion of NDC and in the event that NDC does decide to accept the return of Goods a handling and restocking charge of either £20.00 or 50% of the value of the relevant invoice (whichever is the greater) shall be deducted from any sum returned/recredited to the Buyer in respect of: (i) Goods returned due to a fault alleged by the Buyer but where no fault is found by NDC; and (ii) Goods returned due to a mistake on behalf of the Buyer.
PRICE OF THE GOODS
The price of the Goods shall be NDC's quoted price or, failing which, the price listed on the NDC’s website at the date of acceptance of the order. NDC reserves the right to vary its advertised prices at any time. Prices are inclusive of any applicable value added tax.
For credit/debit card and PayPal orders, payment will be debited to the Buyer's card/account at point of order of the Goods, these will be classed as paid and despatched accordingly. For ‘Bank Transfer’ orders, payment will not be deemed as received until cleared funds have arrived into our bank account at which point your order will then classed as paid and despatched. For ‘Contact Customer’ we will contact you via telephone to complete the order within normal working hours as defined above. Both ‘Bank Transfer’ and ‘Contact Customer’ orders will be held open for 72hrs after processing to enable us to receive payment, after which we reserve the right to cancel and release the stock for general sale. Click here for details of all payment methods.
Save where otherwise agreed delivery of the Goods shall be made by NDC delivering the Goods to the address supplied by the Buyer. NDC shall use its reasonable commercial endeavours to ensure that orders for Goods received and accepted by NDC before 4.00pm (for Royal Mail 1st Class Deliveries) or 3.00pm (for Courier Next Working Day Deliveries) are dispatched on the same working day (subject to stock availability) although NDC shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by NDC in Writing. Where an item is out of stock at the date of acceptance of the order by NDC the Goods will be dispatched at a later date with no extra carriage charge. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by NDC to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. If NDC fails to deliver the Goods (or any instalment) for any reason other than any cause beyond NDC's reasonable control or the Buyer's fault, and NDC is accordingly liable to the Buyer, NDC's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. In the event of non-delivery of the Goods the Buyer must advise NDC of such non-delivery in Writing either within 3 working days if the goods were dispatched using a Next Day Delivery option or on the 10th working day if the goods were dispatched using the Royal Mail First Class Delivery option from the date on which NDC confirmed its acceptance of the order in Writing. In the event of a short-fall in the Goods the Buyer must advise NDC of such short-fall in Writing within 3 days of receipt of the delivery of the Goods. If the Goods are received damaged, the receipt should be signed “Damaged” and NDC should be notified within 24 hours of the delivery of the Goods and failure to comply with this requirement may result in your claim for refund or replacement of the damaged Goods being invalidated. If the Buyer fails to take delivery of the Goods or fails to give NDC adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of NDC's fault) then, without limiting any other right or remedy available to NDC, NDC may: (a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or (b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. Click here for additional delivery terms.
RISK AND PROPERTY
Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery. If the risk and property in the Goods has passed to the Buyer and the Goods are subsequently returned to NDC for whatever reason, the risk in the Goods will not pass back to NDC until the Goods are signed for by authorised personnel at NDC.
WARRANTIES AND LIABILITY
All Goods are covered under at least a 1 year warranty from the date of purchase (except for sale Goods which have a limited warranty period of 7 days) whereby NDC warrants that it shall repair, replace (with same or equivalent product) or refund the purchase price on all faulty Goods supplied. This is subject to a claim being made in Writing by the Buyer within the relevant warranty period for the Goods. Any warranty provided by NDC is subject to the following conditions: (a) the Goods shall have been returned to NDC by the Buyer at its own cost; (b) NDC shall be under no liability in respect of any fault arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow NDC's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without NDC's approval; (c) NDC shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of NDC's obligations under the Contract caused by circumstances beyond NDC's reasonable control, including (but without limitation): an “act of God”, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, or civil disturbance.
If a claim is made against the Buyer that the Goods infringe any third party's intellectual property rights NDC shall indemnify the Buyer against all loss, damages, costs and expenses incurred by the Buyer in connection with the claim provided that the Buyer shall: (a) give NDC full control of any proceedings or negotiations in connection with the claim; (b) give NDC all reasonable assistance for the purposes of such proceedings or negotiations; (c) not (except pursuant to a final award) pay or accept the claim, or compromise any such proceedings without NDC's consent; (d) do nothing which would or might vitiate any policy of insurance or cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do); (e) NDC shall be entitled to the benefit of, and the Buyer shall accordingly account to NDC for, all damages and costs (if any) awarded in favour of the Buyer which are payable by, or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim; and (f) without limiting any common law duty of the Buyer, the Buyer shall take such steps as NDC may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which NDC is liable under the indemnity in this clause.
A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. No waiver by NDC of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the rest of the Contract and the rest of the provision in question shall not be affected. The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English courts in respect of any dispute in connection with the Contract. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
Rules For Online Conduct
By using the service, you agree that you will not attempt to undermine the integrity of this web site.
Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK.
All trademarks appearing on the service are trademarks of their respective owners.