TERMS & CONDITIONS
Welcome to the ORLANDO’S Aldeburgh website (the “ORLANDO’S Aldeburgh.” or the "Site").
ORLANDO’S Aldeburgh Ltd ("we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Website Terms”).
ORLANDO’S Aldeburgh Ltd has its registered office at Crasl, Carlton Part House, Saxmundham, Suffolk IP17 2NL; registered in England and Wales with company registration number 13904508.
Please read the following (along with our Privacy policy) carefully to understand our views and practices regarding your use of the Site. By visiting http://www.orlandosaldeburgh.co.uk you are accepting and consenting to the practices described in this policy.
Use of our Site
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.
Limited Licences
In relation to all content available on the Site, including, but not limited to, text, graphics, logos, and buttons, 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 Content other than 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 Logos; 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 its services or products; (iii) may not misrepresent its 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 Trademark 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 use by you of the Site terminates the limited licence set forth in this clause 2 without prejudice to any other remedy provided by applicable law.
Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Website Terms and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this 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 Website Terms, if you default negligently or wilfully in any of the obligations set forth in these Website Terms (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to The Southwold Candle Company Limited, its affiliates, partners or licensor.
Your Account
You are responsible for ensuring that the personal information which you are required to provide when you register or purchase any goods on the Site is true, accurate and current in all respects. Please 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 email to hello@orlandosaldeburgh.co.uk.
Alternatively, you can update your details through "my account" page where applicable.
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 the email address, which you specified when you registered. Your account can be cancelled at any time by emailing hello@orlandosaldeburgh.co.uk.
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 Website Terms or if we decide, in our sole discretion, that it would be in ORLANDO’S Aldeburgh Limited's best interests to do so.
Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of ORLANDO’S Aldeburgh Limited, its affiliates, partners or licensors. Any trademarks, logos, and service marks displayed on the Site (collectively, the "Logos") are the registered and/or unregistered marks of ORLANDO’S Aldeburgh Limited, its affiliates, licensors or partners. All other Logos not owned by ORLANDO’S Aldeburgh Limited, its affiliates, partners or licensors that appear on the 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 above, or as required under applicable law, neither the Content, the Logos, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without ORLANDO’S Aldeburgh Limited's prior written consent.
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 other sites is at your 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 sites 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.
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 any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works 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 and we may use your 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 any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
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 entirely responsible for such User Content. Such User Content constitutes a Submission under clause 7. 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, tortious, 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 unauthorized 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, or falsely state or otherwise misrepresent your affiliation with 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 errors or omissions 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, e-mailed 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 Website Terms, we have the right to remove any User Content that violates these Website Terms 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 Website Terms or infringe the rights of others.
Representations and Warranties; Limitation of Liability (relating to the use of this Site)
The provisions of this section relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site
The material displayed on our site is provided on an "as is" basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from any unauthorised use of the Site by you. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your 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.
Questions
If you have any questions regarding these Website Terms please contact us by email at hello@orlandosaldeburgh.co.uk
Changes to Website Terms
We reserve the right, in our sole discretion, to change the Website Terms 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 Website Terms. We may, with or without prior notice, terminate any of the rights granted by these Website Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Non-waiver
No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.
Law, Jurisdiction And Language
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed and construed in accordance with the laws of England and Wales. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
TERMS OF SALE
ORLANDO’S Aldeburgh Ltd and its affiliates provide access to the ORLANDO’S Aldeburgh website (the “website”) and sell our products to you subject to the conditions set out below.
Please read these terms and conditions carefully before using the website. By using the website, you signify your agreement to be bound by these conditions.
1. YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password, if you have one, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password, if any, is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
ORLANDO’S Aldeburgh Ltd reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. PRIVACY
Please review our Privacy Policy which also governs your visit to ORLANDO’S Aldeburgh to understand our practices.
3. OUR CONTRACT
When you place an order to purchase a product from ORLANDO’S Aldeburgh, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product (the ‘Dispatch Confirmation Email’). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email do not form part of that contract. You are seeking to enter into a contract with ORLANDO’S Aldeburgh Ltd when you place an order.
4. LIABILITY AND WARRANTY
ORLANDO’S Aldeburgh Ltd, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirement.
5. RETURNS
Please review our Shipping & Returns Policy, which applies to products purchased from us. In addition to our returns guarantee customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in our Shipping & Returns Policy.
6. PRICING AND AVAILABILITY
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Despite our best efforts, a small number of the many products in our online catalogue may be mispriced. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
7. CUSTOMS
When ordering goods from ORLANDO’S Aldeburgh for delivery outside the European Union, the recipient may be subject to import duties and taxes. Any charges for duty, taxes and customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from ORLANDO’S Aldeburgh, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received.
Your privacy is important to us and we know that you care about how information about your order is used and shared. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
8. CHILDREN
ORLANDO’S Aldeburgh does not sell products for purchase by children. If you are under 18, you may use the website only with the involvement of a parent or guardian.
9. ELECTRONIC COMMUNICATIONS
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use & Sale at any time. You will be subject to the policies and Terms and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition(s).
11. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
12. WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these terms and conditions.
Service provider: orlandosaldeburgh.co.uk is the domain name of ORLANDO’S Aldeburgh.
Dated: 8th August 2022