CLAUSE 1 SCOPE

(1) These General Terms and Conditions (“T&C”) shall apply for all contracts concluded via our online store between us and you as our purchaser . The T&C shall apply only with regard to consumers.

CLAUSE 2 CONTRACT CONCLUSION

(1) Our offers shall be intended exclusively for individuals who are of legal age and have full legal capacity.

(2) Our offers shall be without obligation and non-binding. They shall represent – based on their content, non-binding – invitations to treat. That shall also apply for the presentation and promotion of items in our online store as well as for cases where we have provided the purchaser with catalogues, technical documentation (e.g. drawings, plans, computations, calculations, and references to DIN standards), other product descriptions or documents – including in electronic format – with regard to which we reserve ownership rights, copyrights and property rights.

(3) The ordering of good(s) by the purchaser shall be deemed to constitute a binding contractual offer. Unless specified otherwise in the order, we shall be entitled to accept that contractual offer within two (2) weeks of receiving it.

(4) Such acceptance may be declared either in writing (e.g. by means of an order confirmation via email) or by means of the delivery of the good(s) to the purchaser.

(5) Any orders placed via our online store shall also be subject to the following:

(a) In the event that you place an order via the online store by clicking the button labelled “Buy”, you shall be deemed to have placed a legally binding order. You shall be bound by the order for a period of two (2) weeks after placing the order.

(b) We shall confirm receipt of your order placed via our online store promptly via email. Such email shall not contain any binding acceptance of the order unless acceptance is also mentioned alongside confirmation of receipt.

(c) Orders for deliveries abroad shall be subject to a minimum order value. The minimum order value can be found in the price information provided in our online store.

(d) In the event that the good(s) that you have ordered cannot be delivered, for example because the corresponding good(s) is/are not in stock, we shall refrain from providing a declaration of acceptance. In that case, no contract shall be deemed to have been concluded. We shall promptly inform you thereof and immediately refund any payments which have already been received.

CLAUSE 3 RIGHT OF WITHDRAWAL

(1) If you are a consumer (i.e. a natural person who places an order for a purpose which cannot be attributed either to your commercial operations or to your ), you can exercise your right of withdrawal within 14 days after reception of the goods. Any costs relating to returning the goods, shall be at your expense.

(2) A right of withdrawal shall not exist for distance contracts relating to the supply of goods which have been produced in accordance with customised specifications or which are clearly tailored to personal needs or which, due to their nature, are not suitable for return or which are highly perishable or which may quickly pass their expiration date (e.g. our Nwax candle waxes).

CLAUSE 4 DELIVERY TERMS 

(1) The delivery shall be made to the delivery address specified by the purchaser. The delivery shall, where possible, be made in one shipment. However, we shall be entitled to make partial deliveries and carry out partial performance provided that it is deemed to be reasonable by the purchaser. 

(2) The delivery time shall be up to five (5) working days unless agreed otherwise. It shall begin – subject to the provisions of point 3 – upon the conclusion of the contract.

(3) Where the purchaser is obliged to pay in advance, the performance times/delivery times stated in the offers shall be dependent upon the purchaser having made the payment immediately after the conclusion of the contract.

(4) Stated delivery times shall only be of indicative nature we have expressly confirmed such a date as a fixed date. 

CLAUSE 5 IMPOSSIBILITY OF PERFORMANCE, PERFORMANCE IMPAIRMENTS

(1) Our performance shall be subject to proper and timely delivery by our suppliers. That shall apply only where the non-delivery is not attributable to us and where there is a congruent covering transaction with our supplier.

The purchaser shall be informed immediately of the impossibility of performance. The payment shall be refunded immediately.

(2) Any delivery delays which we experience or which one of our sub-suppliers/subcontractors experiences on account of force majeure or on account of circumstances equivalent to force majeure (such as, for example, monetary policy and trade policy measures or other measures taken by the government, strikes, disruptions to operations such as for example fire, machinery malfunctions, failures, shortage of raw materials or energy shortage) shall mean that we shall be entitled to postpone delivery by the amount of time during which the impairment lasts. Where, due to the delay, the performance of the contract is deemed to be unreasonable by the purchaser, the purchaser shall be entitled to withdraw from the contract. We shall be entitled to withdraw from the contract in the event of performance impairments which are not merely temporary. 

(3) We shall inform the purchaser immediately in the cases of points 1 and 2.

CLAUSE 6 PRICES AND SHIPPING COSTS

(1) All prices stated in our online store shall be gross prices including statutory value-added tax and shall be deemed to be plus any applicable shipping costs.

(2) The shipping costs can also be found in our online store. An overview of shipping costs can be found here. The price including value-added tax and any applicable shipping costs shall also be displayed in the order screen before you place the order.

(3) If we fulfil your order with partial deliveries in accordance with clause 4 point 1, you shall be charged shipping costs only for the first partial delivery. If partial deliveries are made at your request, we shall charge shipping costs for each partial delivery.

CLAUSE 7 PAYMENT TERMS, OFF-SETTING AND RIGHT OF RETENTION

(1) The purchaser shall be obliged to pay in advance (prepayment).

(2) We shall essentially accept only the payment methods listed as part of our offer.

(3) We shall be entitled to send invoices exclusively by electronic means provided that they meet the requirements set out under value-added tax law.

(4) You shall not be entitled to offset any amounts against our accounts receivable unless your counter-claims have been legally established or are uncontested. You shall also be entitled to offset any amounts against our accounts receivable if you assert any notices of defect or counter-claims under the same purchase contract.

(5) As the purchaser, you may exercise a right of retention only if your counter-claim arises under the same purchase contract.

CLAUSE 8 RETENTION OF TITLE

The delivered good(s) shall remain our property until the purchase price has been paid in full.

CLAUSE 9 VISIBLE OR HIDDEN DEFECTS

(1) Visible defects/non-conformity

You have to verify the goods, immediately upon delivery for visible defects/non-conformity. This relates to quantities and weight, conformity of the delivery and any visible defects (for example, breakages and dents). Any verifiable defects have to be communicated via email to info@nwaxcandles.eu within 7 days after delivery. In case you don’t verify and notify such defects int time, you forfeit your rights and you are deemed to have approved and accepted the delivery.

(2) Hidden defects

We will indemnify you with respect to hidden defects that are present in the delivered goods during a 2 month period commencing upon delivery of the goods.

You have to report these hidden defects no later than 48 hours after the defects have been discovered via email to info@nwaxcandles.eu.

If you’re not able to prove that the goods have stored properly both before and after the defects were found, your complaint will be rejected. After having confirmed any defect, you must immediately stop using the goods and do all that is reasonably possible to prevent any (further) damage occurring.

CLAUSE 10 LIABILITY

(1) Except in case of wilful intent or gross negligence, bodily harm and to the extent permitted by the Belgian rules on product liability, our liability shall be limited to the amount of the purchased good(s). In no event shall we be liable for any other direct or indirect damages nor  for delays in delivery (including additional costs that you may incur) that result from default by our suppliers, you or any other third party.

Taken that our goods will be used by you to assemble a candle at your own risk, we shall not be held liable for:

·  For indirect damage (including, but not limited to, loss of income and damage to third parties or any consequent damage caused by our goods);

·  For damage caused by your use of our goods;

·  for damage occasioned due to a lack of maintenance or poor or inappropriate maintenance. We can in no event be held liable for spots, discolouration, or other changes in the goods resulting from the goods coming into contact with synthetic products, paints, oil-based goods and/or soaps that are not suitable or that are of poor quality;

·  for alleged defects that are caused due to the fact that the decorative items are handmade, including, but not limited to slight variations in dimensions, colour and shape. Images, examples, etc are for indicative purposes only, without implying an identical colour, structure or shape. Moreover, natural products are often made use of in manufacturing these decorative items and as such, natural differences will always be possible;

·  for alleged defects that relate to the degree of matt or gloss finish of the goods and that should be regarded as being within the normal tolerances;

·  in the case of candles that exhibit colour variations, bearing in mind that paraffin is used as an additive;

·  for defects that are caused directly or indirectly by your own action or that of a third party, irrespective of whether this was caused by an error or negligence. In any event you will hold us free and harmless from any claim from a third party;

·  for damage occasioned by improper use or as a result of the use of the goods in a way other than they were designed or intended for;

·  for damage caused to the surfaces on which the candles are placed, including, but not limited to, spots or drops of candle wax;

·  for defects caused by not complying with our tips/advice on our website;

·  for defects that are attributable to normal wear and tear, incorrect handling, excessive demands and/or external influences;

·  for damage occasioned by abnormal of exceptional factors in the surroundings, for example unsuitable air humidity levels, poor ventilation, lack of or insufficient heating or too great a variation in temperature;

·  additional damage caused by the purchaser by their continued use after confirmation of a fault or deficiency;

·  damage occasioned due to the incorrect storage of the goods after delivery, including, but not limited to, storage in a humid environment or in excessively hot or cold conditions, as well as stacking of the goods);

·  damage caused by force majeure or hardship.

(2) At our exclusive choice, we will either refund you or deliver replacement products at our costs.

CLAUSE 11 INTELLECTUAL PROPERY RIGHTS

(1) We shall own the copyrights over all images, films and texts published in our online store. Use of the images, films and texts shall not be permitted without our express consent. That shall also apply for all technical documentation (e.g. drawings, plans, computations, calculations, and references to DIN standards) and other product descriptions or documents which we have provided to you, including in electronic format. The foregoing implies that You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content that is accessed using our online store unless permission is granted to you by the copyright holder of that content.

(2) Your use of the products grants no rights to you in relation to our intellectual property rights (such as patents, copyrights, trademarks), other proprietary rights or license accessed using the products.

(3) Except with our prior written consent, you shall not and shall permit to: (i) reverse engineer, decompose, make any observations or conduct any tests, analyses, or experiments to determine the physical or chemical characteristics or chemical composition or formulation of our products received hereunder; and/or (ii) pass on to third parties’ possession of such products.

CLAUSE 12 PERSONAL INFORMATION

Your submission of personal information through the online store is governed by our Privacy Policy. To view our Privacy Policy

CLAUSE 13 AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

(1) We shall be entitled to amend these T&C provided that material provisions of the contractual relationship are not affected as a result, the amendment is required for the purpose of adapting to developments which were not foreseeable at the time that the contract was concluded and any failure to take the amendment into consideration would have a noticeable detrimental effect on the balance of the contractual relationship. “Material provisions” in this sense shall, in particular, be deemed to be those regarding the nature and scope of the contractually agreed object of performance and the term of the contract including the provisions regarding termination. 

(2) We shall notify the purchaser of any amendments intended to be made to the T&C in accordance with clause 12 points 1 above at least 6 weeks prior to their entry into force by sending an email to the email address specified by the purchaser. The purchaser shall be granted a special termination right as soon as the notice regarding the amendments' entry into force is provided. In the event that the purchaser does not terminate the contract in writing within 6 weeks of receipt of the notice regarding the amendments, the amendments shall become an integral part of the contract at the time that they enter into force. The purchaser shall be specifically informed of that consequence in the notice regarding the amendments.

CLAUSE 14 APPLICABLE LAW AND PLACE OF JURISDICTION

(1) The laws of Belgium shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Where you have placed an order as a consumer and at the time of your order your habitual residence is in another country, the application of mandatory legislation of that country shall remain unaffected by the choice of law set out in the first sentence.

(2)  Dispute resolution: The Dutch-speaking courts of Brussels are exclusively competent to treat any matter in relation to your purchase.