TERMS & CONDITIONS


Should you purchase any goods from our online shop, you will be contracting with EUDAI on the terms outlined. Please read these terms and conditions carefully. Please note that EUDAI reserves the right to amend these terms from time to time.

We operate the website www.eudai.co.uk. We are EUDAI, a company based in Somerset. Our registered address is EUDAI, 12 Station View, Midsomer Norton, BA3 2PZ.

Introduction
1. These are the terms and conditions referred to in your order (‘Order’) for us to supply you with our candles, room sprays, wax melts & oils.
They describe the terms on which we will sell the goods to you. In particular, we must deliver the correct goods to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards.
They also explain that you must pay us the correct price, and when legal ownership of the goods passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if goods are damaged or delayed for reasons outside anyone’s control (including natural causes).
This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.

  1. The Contract
    1. 2.1 The Order is your offer to buy the goods from us on these Conditions, and you must make sure that the Order (and any required standards or measurements or specification of the Goods that form part of your Order) is correct.
    2. 2.2 When we send you a written acceptance, you have a binding contract with us, and these Conditions are part of it.
    3. 2.3 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
    4. 2.4 If we have given you a quotation for the goods, it is only valid for 7 days from its issue date. It is not an offer to sell you the goods.
    5. 2.5 If either of us needs to give the other a notice under the contract (‘Notice’), the Notice must be given properly to be effective. Clause 9.4 explains how to give a proper Notice.
    6. 2.6 We will ensure that we the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:

      1. 2.6.1 The main characteristics of the Goods;
      2. 2.6.2 Our identity and contact details;
      3. 2.6.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      4. 2.6.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
      5. 2.6.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;
      6. 2.6.6 Our complaints handling policy;
      7. 2.6.7 We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract;
      8. 2.6.8 Where applicable, details of after-sales services and commercial guarantees;
      9. 2.6.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
      10. 2.6.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.

  1. The Goods
    1. 3.1 The goods are described in [our online shop/catalogue/the specification attached to your Order/your Order].
    2. 3.2 If the goods have been manufactured at your request or to any specification that you have supplied, you will pay for all expenses, losses and costs that we suffer from any claim made against us for breach of someone else’s intellectual property rights. This applies even after this contract has ended and includes the value of any damages which a court orders us to pay.
    3. 3.3 We are allowed to change any of our specifications, or any specification that you have supplied, if this is necessary to comply with any regulations.


  1. Delivery of the Goods
    1. 4.1  We will deliver the goods to you using ROYAL MAIL service FIRST or SECOND CLASS SERVICE (2-5 working days ) after we send you a Notice that they are ready. However, Delivery dates are approximate, and time of delivery is not guaranteed. Delivery will be completed when the goods are delivered to the delivery address on your Order or the goods have been collected by you.
    2. 4.2 If you do not take  delivery of the goods within 7 days of our Notice date, delivery will be assumed to have been completed by us. We will then store the goods and charge you for all storage and related costs (including insurance) until delivery actually takes place. If you have still not taken delivery after 14 days, we are allowed to sell the goods), in which case we will pay you any excess of the sale price over the price you owe us (less our storage and selling costs). If the sale price is below the price you owe us, we will charge you for the shortfall.
    3. 4.3If we fail to deliver the goods, our legal responsibility to you will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the goods. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.
    4. 4.4 We are allowed to deliver the goods in instalments. If we do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, you may not cancel other instalments because of the delay.
    5. 4.5 If we refuse to deliver the goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. Alternatively you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay.
    6. 4.6  EUDAI cannot accept any liability for any loss or damage to the products once they have been delivered in accordance with your instructions. If the order has been dispatched by courier, you can request the tracking number.
    7. 4.7 If products are returned to us as undelivered, we will attempt to contact you with the details provided when you submitted the order. We take NO responsibility for wrongly inputted email or addresses. If we have to arrange a re-delivery you will be charged return delivery fee and a re-sending fee. If we have not heard within 14 days of item returning to us as undelivered we will refund the order payment deducting the returned item postage fee.
      4.8 Delivery charges can be viewed on the product page. We reserve the right to change the shipping method, charge and carrier if required.
    8. 4.9 We do not currently deliver outside of England, Wales & Scotland. Our products our labelled to comply with legislation within these countries. Please note that we also do not deliver to the Channel Islands.
      6.5 We cannot accept any liability for delay in postal services once they have left our premises & been signed over to the postal service. We will do our best to request details and keep you informed.

  1. Promises
    1. 5.1 We want you to be satisfied with the quality of the goods and so we offer you the following promise for 6 months from the delivery date:

      1. 5.1.1 the goods are the same in all material respects as their description. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature[and descriptions provided by our salespeople]. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
      2. 5.1.2 the goods are free from significant defects;
      3. 5.1.3 the goods are of satisfactory quality;
      4. 5.1.4 the goods are suitable for any purpose that we have specified.
    2. 5.2 If you discover that some or all of the goods do not meet this promise, you can either reject them within 30 days of their receipt by notice in writing to us, or require us to repair or replace them, or (if we fail to do that) require us to refund you the price of the defective goods. This will only apply, however, if you have done the following:

      1. 5.2.1 given us a reasonable opportunity of examining the goods, and
      2. 5.2.2 returned the goods to us at our address and cost, if requested.
    3. 5.3 Our promise does not apply if:

      1. 5.3.1 you continue to use the goods after you have given us Notice of a defect;
      2. 5.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, installation, or maintenance of the goods;
      3. 5.3.3 the defect arises because we followed your instructions, specifications, drawing or design;
      4. 5.3.4 you alter or repair the goods without previously getting our written agreement;
      5. 5.3.5 the defect is a result of fair wear and tear, negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;
      6. 5.3.6 changes have been made to the goods to comply with regulations which apply to them.
    4. 5.4 Our promise only applies on the basis of this clause, but it also applies on the same basis to any repaired or replacement goods that we supply.
    5. 5.5 You may cancel your Order at any time before we despatch the goods by contacting us in writing.
    6. 5.6 You may also cancel your Order within 14 days of receipt of the goods if it is placed with us electronically. If you have already paid for the goods, the payment will be refunded to you within 14 days of your cancellation (including delivery costs). You agree that this cancellation right does not apply if the goods you have purchased are digital goods and you have authorised us to download those digital goods to you prior to the expiry of such 14 day period, or if the goods have been personalised for your use.
    7. 5.7 We may cancel your Order at any time before we despatch the goods in the following circumstances:

      1. 5.7.1 The goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued); or
      2. 5.7.2 An event outside of our control set out in Clause 8.3 continues for more than 14 days.
    8. 5.8 If we cancel your Order under sub-Clause 5.7 and you have already paid for the goods, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.

  1. Ownership and Risk
    1. 6.1 The risk of damage to the goods or their loss passes to you on completion of delivery. (Completion of delivery is explained in clauses 4.4 and 4.5.). You should make sure that you insure the goods from this time onwards.
    2. 6.2 Ownership of the goods passes when you have paid us for them in full. Until the ownership passes to you, we will still own the goods.

  1. Price and Payment
    1. 7.1 The price of the goods is stated in our acceptance of your Order. 
    2. 7.2 We are allowed to increase the price, by giving you a Notice of 7 days before we deliver the goods, but only to take into account any of the following:

      1. 7.2.1 things which are beyond our control (examples include tax changes, foreign exchange fluctuations, increases in the costs of labour, manufacturing, and/or materials, and those matters set out in Clause 8.3);
      2. 7.2.2 changes in delivery dates, or quantities, types, or specifications of goods that you have asked for;
      3. 7.2.3 delay caused by you, or your supplying us with inadequate or inaccurate instructions.
    3. 7.3 We do not offer credit accounts. Items will be posted when full payment has cleared and reached our account.
    4. 7.4 You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim against some other amount that you think we owe you unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.
    5. 7.5 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.
    6. 7.6 We currently accept payments by PayPal using STRIPE card Gateway on our website.
    7. 7.7 Our Prices [exclude] the cost of delivery. [Delivery costs will be added on to the final sum due at checkout.
    8. 7.8 All payments for Goods must be made in advance before we can despatch the Goods to you.
    9. 7.9 On occasion we may issue vouchers or "money off" coupons which will be accepted towards payment of an order. You cannot pay for your order by cash or cheque unless at one of our stall events.
    10. 7.10 We never sell or pass on our customer details. In addition we do not store customers’ credit card details. If you pay online then your payment will be processed by PayPal's & STRIPE'S secure encrypted system which means that we never even see your credit or debit card details. We cannot be responsible if through no fault of our own your payment details are intercepted and used by third parties. And we cannot be responsible for fraudulent use of a lost credit card if this has not been reported to your credit card company.
    11. If the issuer of your payment card refuses to authorise payment to us via our payment processor Stripe, we will not be liable for any delay or non-delivery.

  1. Limitations on our Legal Responsibilities
    1. 8.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the goods.
    2. 8.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can’t exclude (for example under the Consumer Rights Act, 2015).
    3. 8.3 Neither of us will be legal responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
    4. 8.4 We only supply goods for domestic and private use, we make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including re-sale).

  1. Data Protection
    1. 9.1 The following definition shall apply this clause 9: Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
    2. 9.2 Both of us, in so far as is required agree that we will comply with all applicable requirements of the Data Protection Legislation. This clause 9 is in addition to and does not remove or replace, a party’s obligations under the Data Protection Legislation.
    3. 9.3 For the purposes of the Data Protection Legislation you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings defined in the Data Protection Legislation).
    4. 9.4 Without prejudice to the generality of clause 9.2 you will ensure that you have all necessary appropriate consent and notice sin place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
    5. 9.5 Without prejudice to the generality of clause 9.2 we warrant and undertake that we shall, in relation to any Personal Data processed in connection with this agreement:

      1. 9.5.1 process the Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union to process Personal Data. Where we rely on the laws of a member of the European Union or European Union law as the basis for processing Personal Data we shall notify you of this before performing the processing required by those laws unless those laws prohibit us from doing so.
      2. 9.5.2 ensure that we have the appropriate technical and organization measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage of the Personal Data.
      3. 9.5.3 ensure that all personnel who have access to and / or process the Personal Data are obliged to keep the Personal Data confidential; and
      4. 9.5.4 not to transfer any Personal Data outside of the EEA without your prior written consent and ensuring the following conditions are met:

        1. 9.5.4.1 you or we have provided appropriate safeguards in relation to the transfer;
        2. 9.5.4.2 the data subject enforceable rights and effective legal remedies;
        3. 9.5.4.3 we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
        4. 9.5.4.4 we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data.
      5. 9.5.5 assist you at your cost in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notification, impact assessments and consultations with supervisory authorities.
      6. 9.5.6 notify you without undue delay on becoming aware of a Personal Data breach
      7. 9.5.7 at your written request return or delete Personal Data and copies of Personal Data on termination of the agreement unless required by law to retain them.
      8. 9.5.8 maintain complete and accurate records and information to demonstration compliance with clause 9.
    6. 9.6 You and us agree to indemnify and keep indemnified and defend at their own expense the other against all costs, claims, damages or expenses incurred by the other party for which the other party may become liable due to any failure by the other party or its employees or agents to comply with any of its obligations under this clause 


  1. General
    1. 10.1 We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.
    2. 10.2 Nobody other than we and you may rely on any terms of this contract.
    3. 10.3 Changes to the contract are only binding if we agree them in writing, sign them and give you a copy.
    4. 10.4 If either of us wishes to give a notice to the other under the contract, we must give it in writing and either deliver it or send it by first class post to the other’s registered office ). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. 
    5. 10.5 Delay in exercising a right under the contract will not take away that right or any other right.
    6. 10.6 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
    7. 10.7 All complaints are handled in accordance with our complaints handling policy and procedure.
    8. 10.8 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
    9. 10.9 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation


11. DISCLAIMER
We do take all reasonable steps to make sure that the information on our website is up to date and accurate at all times.

11.1 Your products may vary slightly from those images online, we cannot guarantee that your computer's/tablet/phone's display of the colours accurately reflects the colours of our products.
11.2 EUDAI does not warrant that this site, its servers or email sent from us are free from viruses or other harmful components. EUDAI will not be liable for any damages of any kind arising from the use of this website.
11.3 Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
11.4 EUDAI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. EUDAI has the right but not the obligation to monitor and edit or remove any activity or content.
11.5 EUDAI takes no responsibility and assumes no liability for any content posted by you or any third party.
1.6  Medical Disclaimer: All content is for information purposes only and is not a substitute for professional medical advice. We have taken care in preparing the product information. However, we make no representation and give no warranty of any kind in respect of the information. It is advised to patch test all skin care products. All room sprays are to be patch tested on linens & furniture to ensure the product is suitable.

12.COPYRIGHT
2.1 All content on this site, such as test. graphics, logos, button icons, image, audio clips and software is the property of EUDAI it its content suppliers and protected by international copyright laws.

13. TRADEMARKS
13.1 Trademarks not owned EUDAI or its subsidiaries 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 EUDAI or its subsidiaries.
13.2 EUDAI Is a Registered Trademark in the UK.

14. TERMS OF SALE

14.1 Our candles are hand poured using soy wax. As it is a natural wax this can cause variations in textures & colour. Some may have a smooth top, some will have a frosted appearance, some may have wet spots or some pooling of oils released by the wax. This doesn't affect the burn in any way. The characteristics of Sox wax can change over time as the candle cures. It can change its colour from white to yellow. This is normal. We suggest burning candles within 6 months of purchase.
14.2 Our room sprays use a natural base which has a milky/cloudy appearance.

15.  REFUNDS/EXCHANGES
Please contact us in the first instance and we’ll do everything we reasonably can to help if you are unhappy with your purchase.
15.1 If you wish to exchange or return any items then you can cancel your order within 30 days of delivery to arrange a full refund or an exchange (to same value). The items will need to be returned to us. We would appreciate it if you could give us a reason for your return to enable us to monitor customer satisfaction.
15.2 We recommend that you ask for a receipt from Royal Mail as proof of posting as we cannot be held responsible if the item is lost or damaged in transit.
15.3 Once you have notified us that you are cancelling your contract by email, any sum debited to us from your credit card or PayPal account will be credited to your account within 14 days of receiving your order provided that the goods are received by us in the condition they were in when delivered to you.
15.4 The maximum refund will be the costs of delivery by the least expensive delivery method we offer.
15.6 We except from time to time items may become damaged in transit however we reserve the right to decline if we feel the product has been tampered with as all items are strictly checked prior to dispatch.
15.7We do not accept refunds/exchanges on skin/body products that have been used due to hygiene reasons & COVID
15.8 Only items purchased via our website can be returned to us.
15.9 Proof of purchase will be required for any return.
15.10You must be the party who made the purchase from our website to make a return.
15.11If an item is damaged during delivery we will refund you the cost of the damaged item and applicable postage for that item subject to you providing photographic proof and proof of purchase, within 48 hours of delivery.
15.12 Unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us.

16. OFFERS
16.1 EUDAI Reserves the right to change the monthly offer at any time, but we will honour previous code redemptions in these cases.
16.2 If we believe you're using any codes to receive endless supply of free products, we reserve the right to not put through the order.

16.4

Please contact us for all enquiries or returns Email: hello@eudai.co.uk