terms and conditions.

1. Introduction

Welcome to Own Candle Co (The NOA Collective Limited) ("we," "us," "our"). These Terms and Conditions govern your use of our website and the purchase of our products, which include white label and private label home fragrance products ("Products"). By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions.

2. Products

2.1 Product Descriptions: We offer a range of white label and private label home fragrance products, including candles, diffusers, room sprays, and other related items. We strive to provide accurate descriptions and images of our Products on our website, but slight variations may occur.

2.2 Product Use: Our Products are designed for home fragrance purposes only. Please follow all usage instructions provided with the Products to ensure safety and effectiveness.

3. Orders and Payment

3.1 Order Acceptance: All orders placed through our website are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity.

3.2 Pricing: All prices listed on our website are in GBP and are subject to change without notice. Applicable taxes and shipping charges will be added at checkout.

3.3 Payment: We accept payment through Bank Transfer, Paypal, Stripe and Clearpay. By providing payment information, you represent and warrant that you are authorised to use the payment method.

4. Changes to your order and Cancellation Policy

4.1 Overview:
This policy applies to all bespoke or customised orders placed with Own Candle Co, whether by sole traders, businesses, or organisations. Due to the bespoke nature of our products, orders cannot be cancelled or amended once production has commenced. Production includes any stage where significant resources such as materials, design work, or labour have been allocated or ordered to fulfil the order.

Sole Traders, Business Or Organisation: Orders placed by sole traders for business purposes are treated as business-to-business (B2B) transactions. Therefore, consumer cancellation rights under the Consumer Contracts Regulations 2013 do not apply however our terms and conditions and Cancellation Policy do apply.
Consumers: If an order is placed for personal use (non business), bespoke goods are exempt from cancellation rights under Regulation 28(1)(b) of the Consumer Contracts Regulations 2013, which excludes personalised or made-to-specification goods from cancellation. This applies alongside our terms and conditions and Cancellation Policy.

4.4.1 Refunds and Changes After Production Begins: Once production has commenced meaning any ordering, designing, or manufacturing activities have started no refunds or order changes will be accepted. This is because bespoke products are tailored specifically to your order, and resources will have already been committed. Any requests for changes or cancellations after this point cannot be accommodated and payments made are non-refundable.

4.2 Changes to Your Order: Changes may be made only if production has not yet commenced, meaning materials have not been sourced, designs finalised, or manufacturing begun. Once production has started, changes are not possible. Any approved changes before production may incur additional fees, at Own’s discretion.

4.3 Cancellations: Cancellations are not permitted once production has commenced or after confirmation of your bespoke order. This includes any point at which manufacturing, sourcing, or design work has started. This policy complies with Regulation 28(1)(b) of the Consumer Contracts Regulations 2013 and our Cancellation policy highlighted in our Terms and Conditions.

4.4 Deposits and Payments: Deposits and payments are non-refundable once production begins, reflecting the investment in materials, labour, and time already committed.

4.5 Notification of Cancellation: If you wish to cancel before production starts, you must notify Own Candle Co in writing via email or post. Own will determine and confirm whether production has commenced. We reserve the right to refuse cancellations where appropriate.

4.6 Legal Protections: This cancellation policy aligns with:

Consumer Contracts Regulations 2013 (Regulation 28(1)(b)) regarding bespoke and personalised goods.
Terms governing Business-to-Business (B2B) agreements, which emphasise contractual obligations.
Our companies Terms & Conditions and Cancellation Policy.

4.7 Disputes: In case of disputes about cancellations, both parties agree to attempt an amicable resolution before pursuing other dispute resolution methods.

5. Shipping and Delivery

5.1 Shipping: We offer shipping Worldwide. Shipping costs and delivery times will vary based on the destination and shipping method selected at checkout.

5.2 Delivery: While we strive to deliver Products within the estimated timeframes, we are not responsible for delays caused by factors beyond our control, including but not limited to customs clearance or carrier delays.

6. Returns

6.1 Return Policy: please review our returns policy here: https://www.owncandleco.co.uk/shipping-delivery-damages

6.2 Bespoke Goods and Custom Orders: All products deemed bespoke or tailor made are created specifically to the buyer’s specifications and requirements and fall under the Tailored Goods and Services Act 1982. Accordingly, these bespoke goods are exempt from the implied terms of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 to the extent that those terms conflict with the bespoke nature of the product. Buyers acknowledge that minor variations in label placement or cosmetic differences are inherent in bespoke handmade manufacture and do not constitute grounds for rejection or return.

6.3 Minor Cosmetic and Transit Damage: The buyer acknowledges that minor cosmetic damage, including damage occurring during transit does not affect the fitness for purpose or overall quality of the goods. Such minor damage is not considered a fault or defect under this agreement. The seller’s damage policy, which is available at the time of order and accessible on the seller’s website, governs the resolution of such issues. Remedies may include replacement parts or labels but do not entitle the buyer to reject the entire order or demand a full refund or replacement of goods.

6.4 Remedies and Returns: Returns and refunds are only applicable where goods are faulty or deemed significantly damaged. For bespoke and tailor-made goods, returns or refunds are excluded unless such conditions are met. The seller will offer reasonable and practical remedies for any minor defects or damage including replacement components in accordance with the damage policy. The buyer agrees to cooperate by providing timely and sufficient evidence of any alleged faults or damage.

6.5 Limitation of Liability: The seller’s liability in respect of bespoke goods shall be limited to the repair or replacement of the affected goods or parts thereof, at the seller’s discretion. The seller shall not be liable for any consequential loss, loss of profit, or other indirect damages arising from minor cosmetic imperfections or transit damage.

6.6 Acknowledgement of Product Specifications: The buyer confirms that all product specifications, designs, and requirements were agreed upon prior to manufacture. The seller shall not be responsible for any discrepancies or dissatisfaction arising from changes to these specifications post-manufacture.

7. Liability

7.1 Product Liability: We assume responsibility for the quality and safety of our Products as they are manufactured and supplied by us. However, we disclaim liability for any damages, claims, or losses arising from alterations or modifications made to the Products by any third party, including but not limited to changes to CLP labelling, packaging or changes to the physical product and it’s safety in any way.

7.2 Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our website or the purchase and use of our Products, even if we have been advised of the possibility of such damages.

7.3 Indemnification: You agree to indemnify and hold us harmless from any claims, damages, or losses arising out of your misuse of the Products or breach of these Terms and Conditions.

8. White Label Agreement

By purchasing our white label or private label Products, you agree to be bound by the terms and conditions set out in our White Label Agreement. This Agreement governs the use, branding, and resale of the Products. In the event of any conflict between these Terms and Conditions and the White Label Agreement, the terms of the White Label Agreement shall prevail.

9. Intellectual Property

All content on our website, including text, images, logos, and product descriptions, is the intellectual property of The NOA Collective Limited or its licensors and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or use any content without our express written permission.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Changes to Terms and Conditions

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our website following any changes constitutes your acceptance of the revised Terms and Conditions.