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 Terms and conditions


Section 1 - Identity of the entrepreneur

Name entrepreneur: Mystique Candles

Registered office: Molenwijk 28, 3945 Ham Belgium

E-mail address: orders@mystiquecandles.be

Company registration number: 0788701951

VAT number: BE0788701951

Website: www.mystiquecandles.be

Section 2 - Scope

  1. These general terms and conditions apply to every offer of Mystique Candles and to every agreement concluded, including the distance agreement, between Mystique Candles and the customer.
  2. Before being able to proceed to order a product, the customer must always read the general terms and conditions in advance and expressly confirm that he accepts these general terms and conditions, failing which the order cannot be completed. Any statement by the customer therefore counts as an acceptance of these general terms and conditions, which form an integral part of the agreement, to the exclusion of the customer's general terms and conditions.
  3. The invalidity of these terms and conditions or of one of the clauses of these terms and conditions mentioned below does not affect the validity of the agreement and the other clauses. In such a case, the disputed clause will be replaced by mutual agreement by an enforceable and legally valid provision that is as close as possible to the purpose of the original clause.

Section 3 - Offer

  1. Mystique Candles' offer contains as complete and accurate a description as possible of the products offered. The description is sufficiently detailed to allow a proper assessment of the product.
  2. However, all images, photographs, drawings, data concerning size, color, images of labels on the Mistique candles website are only approximate, indicative and not binding. Colors and application of decoration may differ from reality to a certain extent given the handmade character. Any deviations cannot give rise to compensation or termination of the agreement.
  3. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  4. The products included in an offer are exclusively intended for normal private use.
  5. Any offer is only valid while stocks last and will be stated if the item is in stock or not

Section 4 - Order agreement

  1. In order to place an order or make a purchase, the customer must be at least 18 years old.
  2. Mistique Candles is always entitled to refuse an order in the following cases:
  • if the customer turns out to be a minor;
  • if an obvious error was made in the offer;
  • if the delivery address is not in Belgium;
  • if the stock of a particular item is exhausted;
  • if there is force majeure, bad faith or abuse of rights;
  • if no payment has been received.
  1. The agreement is concluded at the moment that the customer places an order and therefore accepts the offer (excluding cases described in paragraph 2).
  2. If the customer has accepted the offer electronically, Mystique Candles will immediately confirm receipt of the acceptance of the offer electronically.

Section 5 - Agreed price

  1. All prices mentioned are always expressed in euros and include all taxes, VAT, taxes and excluding shipping costs. 21% VAT applies to all prices.
  2. Prices for our products are subject to change without notice.

  3. We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time.

  4. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

  5. The amount of the delivery and shipping costs is indicated on the website and in any case clearly stated before the order is final.

Section 6 - Payment

  1. A purchase is only final after receipt of payment.
  2. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
  3. In order to ensure secure online payment and the security of the customer's personal data, the transaction data is encrypted.
  4. For online purchases, Mystique Candles only accepts Bancontact, Credit and Debit Card.

Section 7 - Delivery

  1. The shipment takes place at the earliest after receipt of full payment and with a maximum period of 7 days
  2. After receipt of full payment, the ordered products will be shipped within the period indicated in the order. The indicated delivery times are indicative.
  3. The products are delivered to the address indicated by the customer during the order. Incorrectly transmitted addresses are the sole responsibility of the customer and may give rise to additional costs.
  4. Unless otherwise stated, deliveries are carried out by Bpost.
  5. Delivery to your home (home delivery) without shipment costs is possible in a radius of 10 km from center Oostham. If home delivery is selected at the moment of order, but the delivery address is further than the indicated 10 km, the shipment costs will be charged and shipment by Bpost will be arranged.
  6. Mystique Candles is not responsible for late delivery or non-delivery by its logistics partner.

Section 8 - Products that are custom made

  1. Orders for custom-made and personalized products can only be cancelled if Mystique Candles has not yet started making the products.

Section 9 - Return policy (right of withdrawal, cooling-off period) for online purchases

  1. The provisions of this article only apply to customers who, in their capacity as consumers, purchase items online.
  2. The customer has the right to withdraw from the agreement relating to the online purchase of a product within 14 calendar days of receipt of the product, without justification and without payment of a fine, in accordance with the conditions and modalities set out below.
  3. The period of 14 calendar days set out in paragraph 2 shall begin:
    • either the day after the customer, or a third party designated in advance by the customer who is not the carrier, has received the product;
    • or, in the case of several products or products composed of different shipments or parts that are part of a single order but that are delivered separately, the day after the customer, or a third party designated in advance by the customer who is not the carrier, has received the last product, shipment or part;
    • or, in the case of regular delivery for a certain period of time, the day after the customer or a third party designated in advance by the customer who is not the carrier has received the first product.

4.     The customer informs Mystique Candles of his decision to withdraw from the agreement before the expiry of the withdrawal period of 14 calendar days by sending an unambiguous statement clearly indicating the decision to withdraw from the agreement to Mystique Candles by email to orders@mystiquecandles.be or via the contact form located here. At the latest 14 calendar days after the notification of the withdrawal to Mystique Candles, the customer will return the products or hand them over to Mystique Candles or to a person authorized by Mystique Candles to receive the products. The customer returns the products with all delivered accessories, if reasonably possible in original condition and packaging.

5.       The customer bears the direct costs of returning the products.

6.      The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.

7.       During the cooling-off period, the customer undertakes to handle the product and the packaging with care. The customer also undertakes to unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product, the starting point being that the customer may only handle and inspect the product as he may do in a store.

8.      The customer is liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is necessary to establish the proper functioning of the product.

9.       Within 14 days of the notification of withdrawal to Mystique Candles and provided that the customer has actually returned the products (at least provides proof of return) or returned them to Mystique Candles, the full purchase price of the products will be refunded using the same means of payment as the customer used to pay for the order.

10.      We accept returns if the item and its packaging are returned in perfect and original state. Because of the nature of our products, we can't accept returns of used candles. We reserve the right to refuse returns or not fully refund your purchase if we suspect that the candle has been used or if the item has been damaged due to the return shipment.

Section 10 - Control, complaints and warranty

  1. Mystique Candles guarantees the conformity of the products it offers as provided for in the statutory consumer guarantee.
  2. Mystique Candles works with natural materials. All natural materials have their own unique character so that colors and decoration may differ given the handmade character.
  3. The customer undertakes to take receipt of the delivered goods immediately upon delivery and to examine whether their quality corresponds to what has been agreed.
  4. The customer must notify Mystique Candles in writing of any lack of conformity within a period of two months after its discovery. In the absence of such notification of the defect in Mystique Candles within two months of its discovery, the customer loses his right to bring a claim for lack of conformity against Mystique Candles.
  5. In the event of a lack of conformity, the customer is entitled to a repair or replacement of the product within a reasonable period of time.
  6. The warranty granted expires in the event of abnormal use, poor maintenance, use contrary to the manufacturer's instructions, modification of goods by the customer, damage as a result of fire, water damage, lightning, accidents, natural disasters, intent, negligence or improper handling.

Section 11 - Liability

  1. Mystique Candles is not liable for typos that the customer has sent himself.
  2. Mystique Candles is not liable for errors or omissions, not even of appointees or employees, except in case of fraud, willful error or gross negligence.
  3. The possible liability of Mystique Candles is in any case limited to the purchase price of the product.
  4. Mystique Candles is in no way liable for or obliged to pay compensation for immaterial, indirect or consequential damages of any kind, such as, but not limited to, loss of profit, loss of turnover, loss of income or damage / claims to third parties.
  5. Mystique Candles is not liable for any loss or damage when using any product.
  6. Mystique Candles is not liable for non-compliance with the terms of use. Each product comes with associated safety and usage tips. Mystique Candles is not responsible for damage caused by non-compliance with the usage tips described in the candle care tips card for each product.
  7. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  8. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  9. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  10. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  11. In no case shall Mystique Candles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
  12. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 12 - Intellectual property

  1. The website, logos, photos, images, texts, works on the website are protected by intellectual property rights that lie either with Mystique Candles, or with suppliers/other rights holders.
  2. The total or partial reproduction, distribution, sale, distribution, publication, adaptation, use for commercial purposes in any way whatsoever, electronic storage or use for unlawful purposes is prohibited, without the prior written consent of Mystique Candles, suppliers or other right holders.

Section 13 - Force majeure

  1. Each party is released by operation of law and is not obliged to fulfil any obligation towards the other party in the event of force majeure. Force majeure is understood to mean the situation in which the execution of the agreement by one of the parties is prevented in whole or in part, whether or not temporarily, by circumstances beyond the control of that party, even if this circumstance was already foreseeable at the time of the conclusion of the agreement. Without being exhaustive, the following shall in any case be considered as force majeure: exhaustion of stock, delays in or failure to deliver by suppliers of a party, destruction of goods or equipment as a result of accidents, machine breakdown, strike or lock-out, fire, riot, epidemic, flood, natural disaster, electrical, IT, internet or telecommunication failures, decisions or interventions by the government (including the refusal or cancellation of a permit or license), fuel shortages, errors or delays due to third parties. The party invoking force majeure is not obliged to prove the incalculable and unforeseeable nature of the circumstance that constitutes force majeure.
  2. In the event of force majeure, the obligations of the party concerned shall be suspended. In such a case, the parties will make all reasonable efforts to limit the consequences of a force majeure situation. If the force majeure lasts longer than two months, the other party is entitled to dissolve the agreement without the intervention of the court, without the party invoking force majeure being obliged to pay any compensation to the other party.

Section 14 - Applicable law and competent court

  1. All agreements between Mystique Candles and its customers are exclusively governed by Belgian law. Application of international treaties, including the Vienna Sales Convention, is expressly excluded.
  2. Unless otherwise mandatory, any dispute between the parties falls under the exclusive jurisdiction of the courts to which the registered office of Mystique Candles falls.

Section 15 - Personal information

  1. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see link.

Section 16 - Optional tools

  1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  2. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  3. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  4. We may also, in the future, offer new Products and/or features through the website (including, the release of new tools and resources). Such new features and/or Products shall also be subject to these Terms of Service.

Section 17 - Third-party links

  1. Certain content, products and Services available via our Service may include materials from third-parties.
  2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
  3. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 18 - User comments, feedback and other submissions

  1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 19 - Errors, inaccuracies and omissions

  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 20 - Changes to terms and conditions

You can review the most current version of the Terms and conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.