Terms & conditions

Who we are

We're Smells 'n Burns, a tiny Dutch candle shop, and this is how to reach us.

These general terms and conditions apply to every order placed on smellsnburns.nl. The shop is run by:

• Trade name: Smells 'n Burns
• Name: [legal name]
• Address: [address]
• Chamber of Commerce (KvK) number: 42175554
• VAT number: [VAT number]
• Email: info@smellsnburns.nl
• Phone: [phone]

We usually answer emails within 2 working days.

When these terms apply

These rules cover every order, and your legal rights as a consumer always come first.

These terms apply to every offer we make and every contract of sale concluded between us and you as a consumer through our website. Before you place an order, these terms are available on our website and you can save or print them. We also send them to you with your order confirmation.

Nothing in these terms limits the rights you have as a consumer under mandatory Dutch or EU law. If any provision of these terms is invalid, the remaining provisions stay in force and the invalid provision is replaced by one that comes as close as legally possible to its purpose.

Our privacy policy, shipping and returns information and withdrawal information form part of these terms.

Products, offers and prices

What you see is what you pay, plus shipping if it applies. No hidden surprises.

We describe our candles as accurately as we can. Because every candle is hand-poured, small differences in colour, surface texture or wax finish can occur. These do not affect the quality or safety of the candle. Obvious mistakes or typos in an offer do not bind us.

All prices are in euros and include VAT where applicable. Shipping costs are always shown before you place your order. Shipping within the Netherlands is free. We may change prices at any time, but the price shown when you place your order is the price you pay.

Placing an order and the contract

You order, you pay, we email you. That email means we've got a deal.

You can order as a guest; you do not need an account. Before you confirm, you can check your order and correct any input errors. By clicking the order button, which clearly states that the order involves an obligation to pay, you make a binding offer to buy.

The contract is concluded once we have confirmed your order by email. We store the order details and send you a copy in the confirmation email. If we cannot accept an order (for example because a product is sold out), we will tell you as soon as possible and refund anything you already paid within 14 days.

The contract is concluded in Dutch or English: the language you order in.

Payment

Pay upfront via iDEAL or card through Mollie. We never see your bank or card details.

You pay when you place your order, through our payment provider Mollie B.V. The available payment methods (such as iDEAL and credit or debit card) are shown at checkout. Your payment details are handled by Mollie directly; we never receive or store your full card or bank details.

If your payment fails or is cancelled, no contract is concluded and we will not ship your order.

Delivery

We ship within the Netherlands via PostNL, usually within 2 working days, and always within 30 days.

We deliver to addresses in the Netherlands only. We normally hand your order to PostNL within 2 working days after payment. Unless we agree otherwise with you, we deliver no later than 30 days after your order. If we cannot deliver within that period, we will tell you, and you may cancel the order free of charge and receive a full refund within 14 days.

The risk of loss or damage passes to you when the parcel is delivered to you or to a person you have designated (other than the carrier). More details are in our shipping and returns information.

Right of withdrawal (14-day cooling-off period)

Changed your mind? You have 14 days to cancel, no reason needed. You can even do it with one button on our site.

You may withdraw from the contract within 14 days without giving any reason. The withdrawal period ends 14 days after the day on which you, or a third party you have designated (other than the carrier), receive the goods. If one order is delivered in several parcels, the period starts on the day you receive the last parcel.

You can withdraw online using the "Withdraw from contract here" function on our website, by email to info@smellsnburns.nl, or by using the model withdrawal form. After withdrawing, you must return the candles within 14 days. We refund all payments received from you, including the standard delivery costs, within 14 days after we receive your withdrawal. The direct cost of returning the goods is for your account.

You may unpack and inspect the candles in the way you would in a shop. If you use a candle beyond that (for example by burning it), you are liable for the resulting reduction in its value. The full rules, including the online withdrawal function and the model form, are set out on our withdrawal page.

Legal guarantee and faulty products

Our candles should do what a good candle does. If one doesn't, tell us and we'll put it right.

We ensure that our products conform to the contract, to the specifications in the offer, and to the reasonable requirements of soundness and usability. You are entitled to the legal guarantee (conformity) under Dutch law. If a defect appears within one year of delivery, it is presumed to have existed at delivery, unless we prove otherwise.

If a product is not in conformity, you may ask for repair or replacement, and where that is not possible or reasonable, a price reduction or termination of the contract with a refund. Please tell us within a reasonable time after you discover the defect; a notice within two months of discovery is always in time.

If your candle arrives broken, please email us a photo within 48 hours of delivery so we can send a replacement quickly. This is a practical fast-track; if you report later, your statutory rights still apply.

Candle safety and use

It's real fire. Please follow the burning instructions on the jar, and never leave a lit candle alone.

Every candle comes with burning and safety instructions on the jar. For your safety, always:

• never leave a burning candle unattended, and keep it away from children and pets;
• place the candle on a stable, heat-resistant surface, away from anything that can catch fire and away from draughts;
• trim the wooden wick before each use and do not burn the candle for more than the time stated on the jar;
• stop using the candle when about 1 cm of wax remains, and do not move it while it is burning or while the wax is liquid;
• be aware that the glass jar becomes hot during use.

We are responsible for defects in our products in accordance with the law, including product liability. We are not responsible for damage to the extent it is caused by using the candle contrary to these instructions or the instructions on the jar, unless the law provides otherwise. This does not limit any rights you have under mandatory law.

Liability

We stand behind our candles, as the law requires.

Our liability is governed by Dutch law. Nothing in these terms excludes or limits our liability for damage caused by intent or gross negligence, for death or personal injury, or under the statutory rules on product liability, nor does it limit your rights under the legal guarantee.

Candle subscriptions (applies once launched)

Not live yet. When it is, you'll be able to stop your subscription any time, online, as easily as you started it.

This section applies only once we offer candle subscriptions on our website. Until then it has no effect.

• What you get. A subscription is a contract for the regular delivery of candles, as described on the subscription page at the time you sign up (contents, delivery frequency and price per delivery).
• Payment. You pay per period in advance through Mollie recurring payments (such as direct debit or card). You authorise us to collect the agreed amount each period until the subscription ends.
• Duration and renewal. A subscription runs for an indefinite period, starting on the day we confirm it. You are never locked into a fixed minimum term longer than the law allows.
• Cancelling. You may cancel at any time, with a notice period of no more than one month. You can cancel online in your subscription environment (accessed with a login link sent to your email) or by email to info@smellsnburns.nl. Cancelling is always possible in the same way you signed up, and is at least as easy. We confirm your cancellation by email, including the date on which the subscription ends.
• Pausing and skipping. If we offer the option to pause or skip a delivery, we will explain how on the subscription page.
• Price changes. We will tell you about any price increase at least one month in advance by email. If you do not agree, you may cancel before the new price applies, at no cost.
• Right of withdrawal. You may withdraw from a subscription within 14 days after receiving your first delivery, as set out on our withdrawal page. After that you can cancel at any time as described above.
• Missed payments. If a payment fails, we will let you know and try again. We may pause deliveries until the outstanding amount is paid. We will not charge collection costs except in accordance with Dutch law, which requires a written reminder with a payment term of at least 14 days first.

Complaints

Something wrong? Email us. We reply within 14 days and we'd genuinely rather fix it than argue.

If you have a complaint about an order, please email us at info@smellsnburns.nl with a clear description and your order number, as soon as possible after you discover the problem. We confirm receipt and respond in substance within 14 days. If a complaint needs more time, we will tell you within those 14 days when you can expect a full answer.

We are not a member of an alternative dispute resolution body (such as a sector disputes committee) and are not committed to using one. If we cannot resolve your complaint together, you may submit the dispute to the competent Dutch court.

Applicable law and changes to these terms

Dutch law applies, and we won't change the rules on an order you've already placed.

These terms and every contract with us are governed by Dutch law. This choice of law does not deprive you of the protection of mandatory consumer law of the country where you habitually reside.

We may change these terms. The version that applies to your order is the one published at the time you placed it. These terms apply from [date].