Terms and Conditions

Sophie Cole Candles UK Terms and Conditions.

Effective date – May 18th 2015

Welcome to our Sophie Cole Candles website (“Sophie Cole UK” “www.sophiecolecandles.co.uk “or the “Site”)

Sophie Cole Candles is a subsidiary of Wrappeler Ltd.

Wrappeler Ltd (‘Sophie Cole”, “we”, “us”, or “our”) provides the services available on this Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Site, you are acknowledging that your have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions.

  1. Privacy Policy

Please review our privacy policy which forms part of these Terms and Conditions and governs your visit to our Site, so that you may understand our privacy practices.

  1. About the Sophie Cole Site.

Wrappeler Ltd’s address and registered office is 2 Squirrel Close, Orpington, Kent, BR6 8BF. Registered in England and Wales with company registration number 09429441. VAT registration number TBC.

  1. Purchase related Policies.

The products and services available on this Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell and of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

For additional policies related to orders placed through the Site (such as order processing, shipping and handling, Delivery charges, Returns Policy and Procedure, Privacy Policy) click here.

  1. Intellectual Property.

All content available on this Site, including, but not limited to, text, graphics, logos, button icons, images, audio and video clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Wrappeler Ltd, its affiliates, partners or licensors, and is protected by UK copyright laws. The trademarks, logos and service marks displayed on the site (collectively the “Trademarks”) are the registered and unregistered marks of Sophie Cole and Wrappeler Ltd, its affiliates, licensors or partners, in the UK and other countries and are protected by UK trademark laws. All other trademarks not owned by Sophie Cole and Wrappeler Ltd, its affiliates, licensors or partners that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.

Except as set forth in the limited licence in section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any portion of the site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, without Wrappeler Ltd’s written prior consent

  1. Limited Licences.

All content available on the Site, including but not limited to, text graphics, button and logos. We grant you a limited, revocable, and non exclusive licence to access and make personal use of the Site. This limited licence does not include the right to i) frame or utilise framing techniques to enclose the Site or any portion thereof. ii) modify or download the site or its contents (except caching or as necessary to view content). iii) make any use of the Site or its contents other than for personal use. iv) Create any derivative work based upon either the Site or its content. v) collect account information for the benefit of another party.; vi) use any meta tags or any other ‘hidden text’ utilising our name or the trademarks; or vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non commercial use only. A website that links to our Site i) may link to, but not replicate our content; ii) may not imply that we are endorsing such website or it’s services or products; iii) may not misrepresent their relationship with us; iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial and may contain only content that is lawful and appropriate for all ages; v) may not portray us, or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; vi) may not use any Trademarks without express written permission and vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, , request that you remove any link to the Site and upon receipt of such request, you shall immediately remove such link. Any unauthorised by you of the Site terminates the limited licence set forth in this section 15 without prejudice to any other remedy provided by applicable law.

  1. Your Obligations and Responsibilities.

In the access or use of this Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in the accordance with the law, custom and good faith. You may not make any change or alteration to the Site or any Content or services that may appear on the Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Wrappeler Ltd or Sophie Cole, its affiliates, partners or licensors.

  1. Your Account.

You warrant that the personal information, which you are required to provide when you register, is true accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information. You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately, by contacting Customer Services on the main telephone number on our contact page.

Alternatively, you can update your personal details through ‘my account’ page.

You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password, we will reset it upon your request and send it to your email address, which you specified when you registered. Your account may be cancelled at any time by contacting Customer Services on the number on our contact page.

You agree not to impersonate any other person or entity, or to use a false name, or a name that you are not authorised to use. We reserve the right to refuse service and /or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Sophie Cole or Wrappeler Ltd’s best interests to do so.

  1. Third Party Links.

We are not responsible for the content of any off Site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any off Site pages , or any other sites do so at their own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off Site pages or any other site linked to or from the Site., nor do we assume any responsibility or liability for the actions, content, products or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off site pages and other sites that you visit.

  1. Submissions

It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting and Submissions, you hereby grant us a non-exclusive, royalty-free, perpetual, transferrable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative work from, distribute, and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned to you and we may use our submission, and any ideas, concepts or know how contained therein, for any purpose, including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of your submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights to any Submissions.

When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are responsible for each User Content. Such User Content constitutes a submission under section 19. This means that all third parties and not we, are entirely responsible for all User Content that they post to the site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site, User Content that a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; b) you do not have a right to make available under any law or under contractual or fiduciary relationships; c)is known by you to be false, inaccurate or misleading; d)you were compensated for or granted any consideration by any third party; or e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to i) impersonate any person or entity; ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; iv) intentionally or unintentionally violate any applicable local, state, national or international law; or v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the Site and therefore we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any omissions or errors in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

  1. Representations and Warranties; Limitation of Liabilities.

This Site is presented “as is”. We make no representation or warranties of any kind whatsoever, express or implied, in connection with these terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that to the fullest extent permissible by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise.) Under any circumstances, for any a) interruption of business; b) access delays or access interpretations to the Site; c) data non-delivery, misdelivery, corruption, destruction or other modification; d) loss or damages of any sort incurred as a result of dealings with or the presence of off site links on the Site; e) computer viruses, system failures or malfunctions, which may occur in connection with your use of this Site, including during hyperlink to or from Third party Sites; f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or g) events beyond our reasonable control.

Further to the fullest etent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Site, regardless of the form or action, whether in contract, tort (including negligence), or otherwise. Even if we have been advised of the possibility of such damages, in no event shall our maximum aggregate liability exceed one hundred sterling. As applicable, because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries our liability is limited to the maximum extent permitted by applicable law.

  1. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages or costs including reasonable attorneys fee’s, resulting from the use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Your use of this website and any purchase by you of any goods from Sophie Cole Candles shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.

  1. General

You acknowledge and agree that these Terms and Conditions, which include our privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site and supersede and govern all price proposals, agreements or other communications.

We reserve the right at our sole discretion to change these Terms and conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time hereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power of privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be off the essence of these Terms and Conditions as regards to any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We shall amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these terms and Conditions please contact us by email at the address on the contacts page.

 

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