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Terms of Website Use

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

These terms of website use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.yankeecandle.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing or registering to use our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our privacy & cookie policy, which sets out the terms on which we process any personal data and which sets out information
    about the use of cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • If you purchase goods from our site, our terms and conditions of supply will apply to the sales.

Information about us

Our site is operated by Yankee Candle Company (Europe) Limited ("we"/ "us"/ "Yankee Candle"). We are registered in England and Wales under company number 03530345. We have our registered office at Cabot Park, Poplar Way East, Avonmouth, Bristol BS11 0YH. Our VAT number is GB713202685.

Changes to our site

We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or the entire of our site, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at consumeronline@yankeecandle.co.uk.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The material and content contained within our site is made available to you for your personal noncommercial use only. You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of our site is strictly prohibited.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works or otherwise use in whole or in part any material, content or products obtained from our site.

If you use material and content on any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of, or reliance on, any content displayed on our site.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our terms and conditions of supply[INSERT AS LINK TO WEBSITE TERMS AND CONDITIONS OF SUPPLY].

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, for example our "write a review" section, or to make contact with other users of our site, you must comply with the content standards set out in these terms of use.

You warrant that any such contribution does comply with those standards, that you own all of the rights in any content that you post and that you will be liable to us, and indemnify us, for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading content to our site you grant us a limited licence to use, store and copy that content and to distribute it and make it available to third parties. The rights you license to us are described in the paragraph below entitled "Rights you license".

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms of use. The views expressed by other users on our site do not represent our views or values.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • For the purpose of harming or attempting to harm minors in any way.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
    • (a) any part of our site;
    • (b) any equipment or network on which our site is stored;
    • (c) any software used in the provision of our site; or
    • (d) any equipment or network or software owned or used by any third party in connection with our site, or your access to our site.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • The "write a review" feature.

Where we do provide any interactive service, we may provide you with additional information about the kind of service offered and whether that interactive service is moderated. We may also assess any possible risks from third parties when they use any interactive service provided on our site in order to decide, in each case, whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with our site.

You must comply with the spirit and the letter of the following standards. The content standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from where they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Rights you license

When you upload or post content to our site, you grant us, and any third parties who assist with the provision of our site (including trusted services provides and delivery partners), a non-exclusive, royalty-free, sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that content in any format throughout the world.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or othermaterial which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms of use.

Third party links and resources in our site

In an attempt to provide increased value to our customers, we may provide links to other Yankee Candle online services or resources or third party websites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our site. When a breach of these terms of use has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate.

Compliance with laws

Our site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding our site and any transactions conducted on or through our site.

Applicable law

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Trade marks

YANKEE CANDLE is a UK registered trade mark of Yankee Candle Company (Europe) Limited.

Contact us

To contact us, please e-mail consumeronline@yankeecandle.co.uk.

Thank you for visiting our site.

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