This website (www.oscarcandles.com) (hereinafter the “Website”) is managed by the limited liability company Lendfers trading (hereinafter “OSCAR candles”), trading under the trade name “OSCAR candles”, registered with the Belgian Crossroads Bank for Enterprises under number 0880.438.316, with registered office at Bredabaan 595, 2930 Brasschaat and VAT number BE0880.438.316.
The contact details of OSCAR candles are:
Telephone number: +32 50 607653
Email address: email@example.com
Current general terms and conditions of sale (the “Terms of Sale”) are agreed between OSCAR candles (“the Seller”) and any natural person acting for a purpose that is not within the scope of his commercial, industrial, artistic or professional activity and who wishes to make a purchase to be done through the Website (the “Customer”) (hereinafter jointly referred to as the “Parties”).
Placing an order through the Website implies the prior consultation and full acceptance by the Customer of these Terms of Sale, which are available on the Website. The Parties agree that their relationship is subject to these Terms of Sale.
OSCAR candles reserves the right to modify these Terms of Sale at any time and without notice by publishing a new version on the Website. The Terms of Sale may not be modified by the Customer under any circumstances. The version of the Terms of Sale that applies is the one available on the Website at the time of placing the order by the Customer.
If one or more provision (s) of the Conditions of Sale are declared invalid on the basis of a Belgian legal provision or a court decision, the other provisions of the Conditions of Sale will continue to apply.
Orders can be placed in French, Dutch or English.
Once an order has been completed, a summary will be sent to the email address provided by the Customer for the Customer to keep. The order is also archived by OSCAR candles.
Article 1. The Client
In order to validly place an order through the Website, the Customer must be at least 18 years of age and be entitled to or, if the Customer is not yet 18 years of age, have parental consent to place an order through the Website. The Client therefore declares that he has the necessary competence to conclude an agreement and is not under administration. OSCAR candles reserves the right to request the Customer to provide proof of his age or parental consent and to not fulfill the Customer’s order if the Customer fails to provide the requested proof.
When the Customer provides OSCAR candles, via the Website, with information necessary for the delivery and invoicing of the Products displayed on the Website, the Customer must ensure that this information is accurate and complete. If there is an error in the recipient’s contact details, OSCAR candles cannot be held liable if it proves that it was impossible to deliver the ordered Products [as defined below].
OSCAR candles reserves the right to cancel an order (with refund) if it suspects that it does not meet the aforementioned conditions, without being held liable for this.
Article 2. Products
The products of OSCAR CANDLES or any other product offered for sale by OSCAR candles (hereinafter the “Products”) are those displayed on the Website at the date of consultation of the Website by the Customer. OSCAR candles ensures that the Products on the Website are presented and described as accurately as possible.
However, images and descriptions of the Products are indicative only and are not contractually binding. OSCAR candles is not liable for any errors or omissions in the presentation of the Products. OSCAR candles will fulfill the Customer’s orders while stocks last and will do its best to ensure that the Products offered for sale on the Website are available in stock.
Article 3. Orders
The Customer explicitly acknowledges that the placement of an order implies a payment obligation.
Once payment has been made (see Article 6), the Customer will receive an e-mail from OSCAR candles confirming receipt of the order with a summary of the order. This message will be sent to the email address provided by the Customer.
Article 4. Unavailability
If one or more Product (s) ordered by the Customer would be temporarily or permanently unavailable, despite the efforts of OSCAR candles, or if the initially specified delivery period is exceeded by more than eight (8) days (except in case of force majeure), OSCAR candles will inform the Customer of this by e-mail.
In that case, the Customer will have the option to modify or cancel his order by sending an email to firstname.lastname@example.org within fifteen (15) working days after being informed of the delay due to OSCAR candles. If necessary, OSCAR candles undertakes to refund the amount already paid by the Customer to the Customer as soon as possible, and no later than fifteen (15) days after modification or cancellation of the order. No additional amounts will be paid by OSCAR candles to the Customer.
Article 5. Prices
The prices of the Products are displayed on the Website in euros (€) for deliveries in Europe, excluding the United Kingdom and in pounds sterling (£) for deliveries in the United Kingdom, and include all taxes. The delivery costs or possible import taxes that cannot reasonably be calculated in advance in accordance with Article VI.45, 5 ° of the Economic Law Code, are not included in the price.
Delivery charges depend on where the Products are shipped to. These are calculated automatically and are explicitly shown in the summary of the order, prior to payment by the Customer. The following delivery charges are currently applicable:
|Destination Countries||Belgium, France (excluding overseas destinations and Corsica), Germany, Grand Duchy of Luxembourg and the Netherlands||Austria, Czech Republic, Denmark, Estonia, Hungary, Ireland, Italy (including Sardinia and Sicily), Latvia, Lithuania, Monaco, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom||Bulgaria, Croatia, Finland, Greece, Norway and Romania|
|Cost||EUR 7.5/GBP 7.5||EUR 12/GBP 12||EUR 40/GBP 40|
|Free Delivery from||EUR 100/GBP 100||EUR 150/GBP 150||EUR 300/GBP 300|
These delivery costs are not included in deliveries to islands. These costs are determined on a case-by-case basis.
In case of withdrawal, the costs of returning the Products will be borne by the Customer (see Article 10).
In the case of promotions and discounts, these will be applied to the Customer’s order if the Customer meets the application criteria and enters the promotional code (s) correctly.
OSCAR candles reserves the right to change the prices displayed on the Website at any time without prior notice being required. The prices applicable to the Customer’s order are those displayed on the Website at the time of the Customer’s order.
Article 6. Payment
The Website allows secure payments via Visa, Mastercard and Maestro.
No bank details are stored on the server, and OSCAR candles has no access to the Client’s bank details: payments are made through an external platform, Mollie, which guarantees an increased level of security for transactions via the Website.
If the Customer wishes to make payments with a foreign credit or debit card, the card must be authorized for international transactions. Any commission or cost in connection with the payment for which the Client is billed will be borne by the Client. The Customer guarantees to OSCAR candles that he is entitled to use the bank card to make the payment.
The total amount to be paid for the order is displayed to the Customer on the web page that summarizes his “shopping cart”, ie all products included in the order. Before proceeding to payment, the Customer therefore has the possibility to verify online the details of his order and its total price and to correct any errors he may have committed when placing the order.
As soon as the order has been placed by the Customer, the order is validated and becomes final, without prejudice to the right of withdrawal as included in Article 10.
The Customer expressly agrees that the communication of his bank details (full name, card number, expiry date and CVC number) is equivalent to the authorization to debit his account with the total amount due for the order.
In principle, the Customer’s account is only debited when the order is shipped to the Customer, in order to avoid the Customer being charged for a Product that is not immediately available.
Article 7. Ownership
OSCAR candles retains ownership of the Products until it receives full payment of all invoices, including costs and taxes.
Article 8. Delivery
The order will be delivered to the delivery address specified by the Customer when placing the order through the Website.
If the delivery cannot take place or if the Customer refuses the delivery, the order will be returned to OSCAR candles, and the Customer will be refunded within fifteen (15) days after receipt of the order by OSCAR candles.
OSCAR candles will not be liable for the performance by external carriers, without prejudice to any right that the Customer may have against them (in accordance with Article VI.44 of the Economic Law Code).
If direct liability of OSCAR candles is raised, OSCAR candles is, in whole or in part, released from liability if it presents proof that the breach of the agreement with the Customer is attributable to the Customer or is the result of an unforeseeable and unavoidable act of a third party or force majeure.
Article 9. Delivery period
After receipt of payment of the order, OSCAR candles will do the necessary to process it and ship the ordered products as soon as possible.
Delivery times may vary depending on the destination country selected by the Customer and the time the order is placed. In general, delivery times – except in exceptional cases – will not exceed (8) days from the day after the order was paid by the Customer and received by OSCAR candles, from Monday to Friday before 12 noon.
Delivery times depend on (1) processing time by OSCAR candles, (2) delivery times of the carrier and (3) customs clearance.
- Processing time
In the majority of cases and for indicative purposes only, it should be noted that the Products are dispatched by OSCAR candles within two working days of placing the order before midnight (GMT + 1) on the day of order.
- Delivery times of the carrier
OSCAR candles ships orders via external transport companies, mainly BPost.
By way of indication, the delivery times of Bpost are the following:
Europe: 3 to 8 business days
- Customs clearance
For deliveries outside the EU, customs clearance is, if necessary, performed by external courier services before the products arrive physically.
Article 10. Right of withdrawal
The Customer has a legal period of fourteen (14) days from the date on which the Customer (or a third party designated by the Customer who is not the carrier) physically receives the Products ordered via the Website to complete his order. revoked, without obligation to state reasons. Products purchased or ordered directly from distributors, retailers or through websites other than the Website may under no circumstances be returned directly to OSCAR candles.
In order to be able to claim a refund of the returned Product, the Customer must, before the expiry of the 14-day withdrawal period and before returning the Products, notify OSCAR candles of his decision to withdraw his order, by means of a clearly submit a request for cancellation via the “Order History” page on the Website.
OSCAR candles will acknowledge receipt of the return request by an email entitled “Awaiting Return Package”, stating that the cost of returning the Products will be borne by the Customer. This email will contain a return slip, which the Customer must print and enclose with the return package, as well as a return label, which the Customer must affix to the outside of the return package. The Customer must then take the return package to Bpost. The Products must be returned within fourteen (14) days of communication by the Customer of his decision to cancel his order.
The Products must be returned in their original condition and packaging.
OSCAR candles will refund the payments it has received from the Customer, including, if applicable, delivery costs, if the Customer returns the order in full. However, the costs to return the order to OSCAR candles will be borne by the Customer. If applicable, these costs will be deducted from the total amount that will be refunded by OSCAR candles to the Customer.
The returned Products will be refunded by bank transfer to the bank account debited to place the order within fourteen (14) days from the date OSCAR candles is notified of the Customer’s decision to withdraw the order in accordance with aforementioned provisions. However, OSCAR candles may defer the refund until effective return of the Products to the address indicated on the return slip or until the Customer provides clear evidence of shipment of the Products, the earliest date of which is decisive.
If the return package is not received by OSCAR candles and in the absence of proof of distribution by BPost, the Products will not be refunded or exchanged and OSCAR candles cannot be held liable.
Packages received by OSCAR candles that were not returned in accordance with the aforementioned procedures will not be refunded by OSCAR candles.
The Customer bears the risk associated with the return of Products.
Article 11. Errors in delivery
If the Customer should exceptionally receive a Product from OSCAR candles that does not correspond to the order, the Customer must contact OSCAR candles as soon as possible via email@example.com and in any case within fourteen (14) days from receipt of the order. In that case OSCAR candles will verify the non-conformity of the delivery and inform the Customer of the procedure for return, which, if necessary, will be done at the expense of OSCAR candles.
IMPORTANT: For returns / changes originating in countries outside the EU, the Customer must clearly indicate on the bill of lading that the shipment relates or non-commercial goods with no resale value, so that no customs duties will be charged on OSCAR candles. In case of return, OSCAR candles will proceed in the same way, so that the Customer does not have to pay double customs duties.
The Customer has no right of withdrawal with regard to Products that were made to the specifications of the Customer or that have been clearly personalized in accordance with Article VI.53 of the Economic Law Code.
Article 12. Guarantee
All Products sold through the Website www.oscarcandles.com are subject to the legal guarantee and the guarantee against hidden defects as provided for in the Belgian Civil Code.
In order to be able to invoke these guarantees, the Customer must be in possession of the invoice issued by OSCAR candles. In case of defect, the Customer must notify OSCAR candles as soon as possible and in any case within fifteen (15) days after discovery of the defect.
The legal warranty does not apply to defects that are the result of accidents, negligence, improper use, not following the instructions for use or in case of changes or modifications to the Products or any other incorrect use by the Customer.
Article 13. Privacy and cookies
The Customer must provide personal data to OSCAR candles, which it collects when an order is placed. In the absence of this information, OSCAR candles will not be able to process the Customer’s order.
In accordance with the law of December 8, 1992 on the protection of privacy, the Customer has the right to access, rectify, oppose or delete his personal data stored by OSCAR candles.
Article 14. Evidence
The Customer acknowledges that electronic communications and website backups made from time to time by OSCAR candles may be used as evidence of a transaction between the Customer and OSCAR candles.
Article 15. Force majeure
OSCAR candles is not liable for total or partial non-compliance with the Terms of Sale in case of force majeure, such as, but not limited to, problems with customs authorities, strikes, bankruptcy of third parties relied on by OSCAR candles, non-delivery or late delivery of goods by external suppliers of OSCAR candles, or trade restrictions and new regulations.
Article 16. Applicable law and jurisdiction
These Terms and Conditions of Sale are subject to Belgian law, regardless of the country of delivery, without prejudice to mandatory rules of consumer law in the country of residence of the Customer.
Before initiating legal proceedings, the Parties should endeavor to settle their dispute in der mine. If this is not possible, any dispute regarding the interpretation and / or implementation of the Terms of Sale will be submitted to the courts having jurisdiction in accordance with Regulation (EU) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
The Parties may also submit an online complaint to the dispute resolution platform of the European Commission via the website https://ec.europa.eu/consumers/odr/.