Terms and Conditions of Sale

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GENERAL TERMS AND CONDITIONS OF SALE

www.candleartesoteric.com

1. GENERAL INFORMATION

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

Address: C/ Rius i Carrió, nº 14. Ground floor
Contact telephone: (+34) 675384469
Contact email: comunication@candleartesoteric.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.candleartesoteric.com) 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 and incenses.

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 the User 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 Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
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 can purchase on the Website by the means and ways established. They must follow the online purchase and/or acquisition procedure of www.candleartesoteric.com, 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://candleartesoteric.com/check-out/ – 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 products 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 Web Site 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.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
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.

The 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 credit card 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 card will be charged 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://candleartesoteric.com/check-out/ – Place order” the User confirms that the payment method used is his/her own.

Purchase orders or purchases in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order 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 those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the 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 the 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 reception 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.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or service, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the User.

For all other locations, other than the above, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at any given time will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the User. For further information, the User should contact the customs office at destination.

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://candleartesoteric.com/check-out/ – 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 Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series 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 withdraw from such purchase within 14 calendar days without giving any reason.

This withdrawal period will 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 – Spain.

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, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by Candle Art, they will have lost their right of withdrawal.

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

At the following link you can download the Model withdrawal form (click here). You can print and fill it out and send us a copy by email: comunication@candleartesoteric.com

Return of defective products or error in shipment.

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact Candle Art immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about 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, if the refund or, where applicable, the replacement of the same is appropriate. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and any costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, Candle Art being responsible, therefore, for the lack of conformity of the same as manifested within a period of three years from the delivery of the product.

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

9. DISCLAIMER OF LIABILITY

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

  • any losses that were not attributable to any breach on your part;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
    Likewise, Candle Art also limits its liability in the following cases:
  • Candle Art applies all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used. or others of this nature.
  • Candle Art will act with the utmost diligence to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Candle Art uses all the means at its disposal to carry out the process of purchase, payment and shipping/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 responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Candle Art will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, Candle Art will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure. , and this may include, by way of example but not exhaustive:
    – Strikes, lockouts or other protest measures.
    – Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
    – Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    – Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
    – Impossibility of using public or private telecommunications systems.
    or 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 in the term to comply with 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 allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most communications with Candle Art will be electronic (email or notices published on the Website).
For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Candle Art sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Candle Art through the contact information 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 at their email address or at the postal address provided.

11. WAIVER
No waiver by Candle Art of a specific legal right or action or the failure of Candle Art to require strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will 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 derived from a contract will take effect, 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 these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Candle Art in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.
The User and Candle Art acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which 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 or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Candle Art and the User, will 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 can send Candle Art their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Candle Art has official complaint forms available to consumers and users, which they can request from Candle Art at any time, using the contact information provided at the beginning of these Conditions (General Information). Or can download directly in this link: (click here).

Likewise, if a dispute arises from the conclusion of this purchase contract between Candle Art and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on online dispute resolution in consumer matters 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/.