Terms and Conditions of Sale

Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

www.candleart.es
1. GENERAL INFORMATION
The ownership of this website www.candleart.es, (hereinafter Website) is held by: Joaquim Pérez Alonso, with NIF: 46990318F, and whose contact details are:

Address: C/ Rius i Carrió Nº14 Bajos

Contact telephone: 675384469

Contact email: comunicacion@candleart.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.candleart.es) and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Candle Art carries out through the Website comprises:

candles, incense and oils.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and Candle Art’s privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through the same, the User agrees to be bound by these Conditions and by all of the above, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The User may conclude, at his/her choice, with Candle Art the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of www.candleart.es, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: https://www.candleart.es/checkout/ – Place order.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Candle Art has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Candle Art using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in the computerized records of Candle Art in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and with the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Candle Art through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. Should difficulties arise in the supply of products or should there be no products in stock, Candle Art undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The product prices displayed on the Website are not the final prices, in Euros (€). They do not include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.

Shipping costs are included in the final price of the order indicated on the Website at the end of the purchase, once the shipping destination has been selected. Thus, Candle Art performs delivery and/or shipping services through: Correos Express, FedEx.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment will be: Credit or debit card, PayPal, and Bank Transfer, Western Union and Bizum.

Candle Art uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if such bank does not authorize payment, Candle Art will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

The charge on the card will be made at the time the purchase is finalized by the user.

If the means of payment is PayPal, the charge will be made at the time Candle Art sends a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking on “https://www.candleart.es/checkout/ – Place order” the User confirms that the payment method used is his own.

Purchase orders or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Candle Art for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Candle Art will not be able to validate the order, which will be cancelled.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: All over the world.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, for which it is responsible, Candle Art is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Candle Art to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Candle Art, Candle Art will understand that the User wishes to withdraw from the contract and the contract will be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Candle Art receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Candle Art.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or performance shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Candle Art through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on “https://www.candleart.es/checkout/ – Place order”, has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Candle Art Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify Candle Art of his or her decision. He or she may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Candle Art makes available as part of these Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Candle Art will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Candle Art is informed of the decision to withdraw by the User.

Candle Art will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Candle Art may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User may return or send the products to Candle Art at: C/ Ferré Nº 50 Bajos. 08904 Hospitalet de Llobregat – Barcelona.

And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Candle Art was informed of the decision of withdrawal.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

In this same sense governs the provision of a service that the User may contract on this Website, as this same Law provides that the right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Candle Art, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has suffered any damage after misuse.

In the following link you can download the Model withdrawal form (click here). You can print it and fill it in and send us a copy by e-mail: comunicacion@candleart.es

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Candle Art immediately and let them know of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he/she may purchase through this Website, under the terms legally established for each type of product, and Candle Art will therefore be liable for any lack of conformity of the same that becomes apparent within a period of three years from delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Candle Art and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily put; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Candle Art shall not accept any liability for the following losses, regardless of their origin:

any losses which are not attributable to any breach by you.
business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred).
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the two parties.

Likewise, Candle Art also limits its liability in the following cases:

Candle Art applies all measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Candle Art will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Candle Art is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Candle Art puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
Candle Art will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Candle Art will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Candle Art shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Candle Art will have an extension of time to fulfill them for a period of time equal to the duration of the cause of force majeure. Candle Art will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Web Site, the User accepts that most communications with Candle Art will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Candle Art sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with Candle Art through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Candle Art may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by Candle Art of any specific legal right or action or Candle Art’s failure to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or from the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Candle Art of any of these Conditions or of the rights or actions arising from a contract shall be effective, unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.

12. VOID

If any of the present Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT

The present Conditions and any document to which express reference is made in these Conditions constitute the entire agreement existing between the User and Candle Art in relation to the object of the sale and purchase, and supersede any other prior pact, agreement or promise agreed verbally or in writing by the same parties.

The User and Candle Art acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Candle Art in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Candle Art and the User, shall be submitted to the non-exclusive jurisdiction of the courts and tribunals of the province of the User’s domicile.

16. COMPLAINTS AND CLAIMS

The User may send Candle Art any complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Candle Art has official complaint forms available to consumers and users, which they may request from Candle Art at any time, using the contact details provided at the beginning of these Conditions (General Information).

Platform for dispute resolution European Union (EU)

Furthermore, if a dispute arises from the conclusion of this purchase contract between Candle Art and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.