
Terms and conditions
Welcome to Croft & Wylde Limited. These terms and conditions outline the rules and regulations for the use of Croft & Wylde Limited’s website, www.croftwylde.co.uk (the "Site"), and govern the purchase of Products.
These terms apply to your access to and use of the Site, whether you are a guest or a registered user. By using the Site, you confirm that you accept these Terms and Conditions and our Privacy Policy and that you agree to comply with them.
Do not continue to use Croft & Wylde Limited’s website or use any services or products if you do not accept all of the terms and conditions stated on this page.
1. Company information and governing law
- Supplier identification: The website www.croftwylde.co.uk is operated by Croft & Wylde Limited.
- Registered details: We are registered in England and Wales under company number 16913372, with our registered office at 86-90 Paul Street, London EC2A 4NE.
- VAT number: Croft & Wylde Limited is not currently registered for VAT.
- Governing law: All contracts and use of this Site are governed by English law and subject to the exclusive jurisdiction of the Courts of England and Wales.
- Changes: We reserve the right to change or modify these Terms and Conditions from time to time at any time, without notice, and in our sole discretion. We will make registered users aware of any changes via electronic communications. Your continued use of the Site following posting of any changes constitutes your acceptance of such changes.
2. Terminology and definitions
The following terminology and definitions apply to these Terms and Conditions and any disclaimer notice or agreement:
- "Client," "You," "Your": Refers to you, the person accessing this website and accepting the Company’s Terms and Conditions.
- "The Company," "Ourselves," "We," "Our," "Us": Refers to Croft & Wylde Limited.
- "Party," "Parties," or "Us": Refers to both the Client and Ourselves, or either the Client or Ourselves.
- "Site": Refers to the website www.croftwylde.co.uk.
- "Products": Refers to any goods which are sold by Us on the Site.
- "Contract": Refers to the legally binding agreement formed when we send you the Dispatch Confirmation for an order.
- "Dispatch Confirmation": Refers to the email sent by Us confirming that any sold Products have been dispatched, marking the formation of the Contract.
- "Third Party Sites": Refers to any external platforms or websites, including social media where We may interact with you.
- "User Generated Content" (UGC): Refers to ideas, designs, reviews, or any other information submitted by You to the Site or our Third Party Sites.
3. Contract formation and eligibility (product sales)
- Contract formation: Your order is an offer to buy from Us. We will send an Order Acknowledgment email. A legally binding contract between Parties will only be formed, and Your order accepted, when the Products are dispatched to You ("Dispatch Confirmation").
- If We cannot accept Your order: We may refuse Your order if a Product is out of stock, due to unexpected limits on our resources, if We have identified a material error in the price or description, or if We are unable to obtain payment authorisation.
- Minimum age: You must be at least 18 years old to purchase Products from our Site.
4. Fraud protection program and quantity limits
- Fraud screening: As part of Our order processing procedures, We screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud.
- Order confirmation: If fraud is suspected, Our customer service department may contact You to confirm Your order details. We reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud.
- Quantity limits: We only supply Products for domestic and private use. We reserve the right to cancel or reduce the quantity of any order to be filled if it exceeds a reasonable amount expected of a consumer.
5. Pricing and payment
- Pricing: All prices are quoted in British pounds sterling (GBP£) and are inclusive of VAT (unless otherwise specified).
- Payment: We accept PayPal, credit card and debit card payments. Payment will be debited and cleared from Your account at the point of sale.
- Pricing errors: If a pricing error is obvious and could reasonably have been recognised by You as a mispricing, We may end the Contract and refund any sums paid.
6. Shipping, delivery, risk, title, and inspection
- Delivery: We will deliver the Products to You as soon as possible and within 30 days after the day on which We accept your order.
- Inspection: You should inspect the Products upon receipt and check that everything specified on the delivery note is included.
- Risk and responsibility: The risk of damage to or loss of the Products passes to You at the time of delivery.
- Title (ownership): We will retain ownership of the goods until full payment has been made and funds have cleared.
- Shipping & delivery policy: Full details can be found at www.croftwylde.co.uk/shipping-returns
7. Cancellations, returns and refunds
- Order amendments: We may not be able to cancel or amend orders during peak promotional periods.
- Right to cancel (statutory): You have a legal right to cancel a Contract within 30 days from the delivery date of the Products.
- Extended return: You may return any Product in its original, unused, re-saleable condition for a full refund within 60 days from the date of receipt.
- Condition of goods for refund: We may reduce your refund to reflect any reduction in the value of the goods if caused by handling that is inappropriate.
- Promotional returns: If a promotional gift has been included in Your order, and a return is made reducing Your qualifying total, the full order must be returned, or the refund will be adjusted accordingly.
- Returns & refunds policy: Full details can be found at www.croftwylde.co.uk/shipping-returns
8. Accuracy, colours, and computer damage (site content)
- Accuracy of content: The packaging, weights, and dimensions of Our Products are approximate only and may vary from that shown.
- Colour disclaimer: We have made every effort to display colours accurately. However, as the actual colours You see will depend on Your personal computer equipment, We cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery.
- External links: Links appearing on this Site are for Your convenience only and are not an endorsement by Us of the content, products, or services connected therewith. We are not responsible for the content of any Third Party Sites.
- Damage to your computer: It is Your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. Croft & Wylde Limited will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
9. Intellectual property (IP) and ownership
- Ownership: All design, text, graphics, logos, images, and all software on the Site is either under license to Us, or Copyright © Croft & Wylde Limited, with all rights reserved, unless stated otherwise. The compilation of all content on the Site is Our exclusive property, protected by UK copyright laws.
- Trademarks: The trademarks, logos and service marks displayed on Our Site are our registered or unregistered marks and are protected by UK and international trademark laws.
- Prohibitions: You may not copy, reproduce, modify, delete, distribute or post anything on this Site other than for Your own personal, non-commercial use without Our prior written permission.
- IP exploitation: Except in connection with placing an order or as required by applicable law, You may not use, reproduce, sell, resell, access, or otherwise exploit our Intellectual Property without Our prior written consent.
10. Prohibited uses and indemnification
- Lawful use: You may use Our Site only for lawful purposes. You may not use Our Site in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect.
- Prohibited activities: You may not use the Site to transmit or procure the sending of unsolicited or unauthorized advertising (spam), or knowingly transmit any data that contains viruses, spyware, or other harmful computer code.
- Interference: You agree not to interfere with or disrupt the Site, or servers or networks connected to the Site, or circumvent security-related features of the Site.
- Indemnification: You agree to defend and hold Us harmless from all claims, demands, losses, liabilities, costs, expenses, and damages (including reasonable legal fees) arising out of Your use of and access to the Site in violation of any of these Terms. Furthermore, You indemnify Us and shall at all times keep Us indemnified against all actions, proceedings, costs, claims and damages whatsoever incurred by or awarded against Us and compensation agreed by Us in consequence of any breach or non-performance by You of any of the warranties and undertakings in this agreement.
11. Unsolicited information and submissions
- Unsolicited information: Any enquiries, feedback, suggestions, ideas or other information You provide to Us ("Information") will be treated as non-confidential and non-proprietary.
- Grant of rights: By providing Us with any such unsolicited Information, You grant Croft & Wylde Limited a non-exclusive and royalty-free right to use, reproduce, modify, publish, sell, distribute, and display the Information for any purpose.
- Warranties on submission: You warrant that You own or are otherwise entitled to any and all rights to the Information and that your Information does not contain or constitute software viruses, commercial solicitation, or 'spam' in any form. Furthermore, You agree not to supply any Information that can be perceived as offensive, and that it does not incorporate any material that infringes the Intellectual Property Rights of any third party, including any right of confidentiality or privacy, nor was any of the Information obtained through the harassment of any person, nor does it contain any obscene, blasphemous or defamatory matter, and the exploitation of the Information shall not place any person in contempt of court, in breach of any provision of any statute or give rise to any other criminal or civil liability.
12. User Generated Content (UGC)
- Grant of licence: By submitting UGC to this Site, You grant Us a worldwide, non-exclusive, fully paid, perpetual, royalty-free licence to use, copy, modify, publicly display, distribute, and to sublicense the UGC for any purposes as We deem fit.
- UGC warranties: You warrant that:
- You own or are otherwise entitled to any and all rights in any UGC;
- any UGC is not offensive, abusive, defamatory, or unlawful; and
- any UGC does not infringe the rights of any third party.
- Moderation: We reserve the right to moderate all UGC, and to decline the submission of, edit the content of, or remove from this Site, any UGC in Our absolute discretion.
13. Disclaimer and limitation of liability
- General liability: We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking Our contract with You.
- Our warranties We agree to use reasonable care and skill in preparing the Products for sale.
- Exclusion of business loss: We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and We shall not be liable to You for any loss of profit, loss of business, or business interruption.
- Customer instructions (product safety): You must follow any instructions We may give You in relation to the safe use or storage of the Products, as detailed in Our candle care and safety instructions, which can be found printed on physical Products and at www.croftwylde.co.uk/care-safety-instructions
- Non-excludable liability: Nothing in these Terms limits Our liability for death or personal injury caused by Our negligence, or for fraudulent misrepresentation.
- Product guarantees: All goods sold by Us must comply with Your statutory rights under the Consumer Rights Act 2015.
14. Dispute resolution and governing law
- Dispute resolution steps: If informal negotiations fail, the Parties agree to seek mediation, and if that fails, binding arbitration via a recognised UK alternative dispute resolution provider.
- Online dispute: You may also resort to the Online Dispute Resolution platform for consumer disputes.
- Governing law: These terms and conditions are governed by English law.
- Jurisdiction: Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
15. Notices and general provisions
- Electronic consent: You consent to receive any agreements, notices, disclosures and other communications ("Notices") from Us electronically, including without limitation by e-mail or by posting notices on this Site.
- Non-waiver: No failure to exercise and no delay on the part of Croft & Wylde Limited in exercising any right, remedy, power, or privilege shall be construed or operate as a waiver.
