Terms of service
1. About us and these terms
This website, www.icandlessa.co.za, is operated by ICANDLES SA (PTY) LTD, trading as iCandles SA. “We”, “us” and “our” refer to that company. “You” refers to a person using our website or purchasing from us.
These Terms of Service govern the use of our website and purchases from us, together with the Refund Policy, Shipping Policy and Privacy Policy made available on our website. Please read them before placing an order. Our store is hosted on Shopify, which provides our e-commerce platform.
Any specific terms in a written quotation or wholesale agreement that you accept form part of that transaction. If those terms conflict with these general terms, the specifically agreed terms prevail only to the extent permitted by law. Mandatory legal rights always take priority.
2. Consumer protection and statutory rights
Nothing in these terms excludes, restricts or waives a right or remedy that cannot lawfully be excluded under South African law. This includes applicable rights under the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
Any limitation, exclusion, return condition or cancellation provision in these terms applies only to the extent lawful. If a provision conflicts with a mandatory legal requirement, that requirement prevails.
Different statutory provisions may apply to different transactions. A purchase described as wholesale, trade or business-to-business does not automatically exclude all statutory protection. Applicability is determined by law and the circumstances of the transaction.
3. Eligibility and acceptable use
You must be at least 18 years old and legally able to enter into the transaction, or act with the legally required assistance or consent of a parent or guardian. If purchasing for an organisation, you confirm that you are authorised to act for it.
You must not use the website for unlawful activity, fraud, impersonation, harassment, infringement of intellectual property, unauthorised collection of personal information, or interference with our systems. Do not upload malicious code or attempt unauthorised access.
We may restrict access where reasonably necessary to address misuse, security threats or a material breach. Any action will be proportionate and lawful and will not remove rights relating to existing purchases.
4. Product information and safe use
We aim to provide accurate descriptions, photographs, quantities and usage instructions for our sand wax, wicks, fragrance oils, room and linen mists, and other products.
Screen settings and photography may affect how colours appear. This does not excuse supplying goods that materially differ from their description or any agreed sample.
Performance, fragrance strength and burn duration may vary with the product, quantity, container, environment and method of use. Any estimate must be read with its stated conditions and does not replace applicable quality obligations.
Follow the instructions and warnings supplied with each product. Never leave a burning candle unattended. Keep flames away from children, pets, and combustible materials. Use products only for their stated purpose, and do not add fragrance liquids to a burning candle.
These precautions do not transfer our legal responsibilities to you or exclude liability for unsafe or defective products or inadequate warnings.
5. Prices, quotations and payment
Website prices are in South African rand unless clearly stated otherwise. Applicable taxes and delivery charges will be disclosed before you complete your purchase. Delivery is not included in a separate quotation unless expressly stated as included or separately itemised.
Prices and promotions may change for future purchases. We will not increase the price of an accepted order without your agreement. Written quotations are valid for the period stated in the quotation.
Payment must be made using an offered payment method. Unless we agree otherwise in writing, orders are released for dispatch once payment has been confirmed. Processing and delivery estimates are stated in the applicable quotation, checkout information or Shipping Policy.
6. Orders, availability and errors
Please review your order, delivery details and total price before submitting it. Contact us promptly if you discover an error.
Submitting an order constitutes an offer to purchase. An automated acknowledgement confirms receipt and is not itself acceptance. Acceptance occurs when we expressly confirm acceptance or dispatch the goods, whichever happens first. Payment collection alone does not change this, but we remain responsible for returning payments if an order is not accepted.
Before acceptance, we may decline an order or apply reasonable quantity limits for lawful reasons, such as unavailable stock, suspected fraud, delivery restrictions or misuse of a promotion. We will notify you if we decline your order and refund payments for goods we will not supply promptly, within any applicable legal deadline.
We may correct genuine pricing or description errors subject to applicable law. If an error affects your order, we will explain it and seek your agreement to any proposed change. We will not automatically debit an additional amount or use this clause to avoid a binding obligation. Any cancellation after acceptance must have a lawful basis or your agreement.
We will not substitute a materially different product without your consent. Your statutory remedies for unavailable goods, overselling or non-performance remain unaffected.
7. Wholesale, dealers, resellers and distributors
We welcome wholesale and reseller enquiries. To apply for wholesale pricing or an authorised reseller arrangement, please complete our Wholesale Request Form or contact info@icandlessa.co.za. Submission of an enquiry or form does not itself constitute approval.
Wholesale pricing is available only where we have approved the arrangement and the order meets the minimum quantities, payment terms and other conditions communicated before the order is placed. An ordinary retail purchase does not automatically create a wholesale account, distributorship, agency, exclusive territory or right to represent yourself as an authorised iCandles SA stockist.
Subject to applicable consumer and competition law, we may limit or decline orders intended for commercial resale where no wholesale arrangement has been approved, or where an order falls outside an existing agreement. Such restrictions must have a lawful commercial basis and do not create an unrestricted right to cancel accepted orders.
This clause does not prohibit approved wholesale or reseller orders. Those orders are governed by the accepted quotation or written wholesale agreement together with these terms. It also does not impose a blanket prohibition on the lawful resale of goods already purchased.
Approval to buy wholesale does not automatically grant permission to repackage products, remove branding, apply a private label, or use our logos and marketing materials. Private-label supply and licensed use of our branding must be separately agreed in writing. Where agreed, those permissions apply to the extent stated in that agreement.
Resellers must accurately describe the products, preserve relevant safety information and comply with their own legal obligations to customers. Resellers set their own resale prices independently. Any recommended resale price we provide is non-binding, and we will not penalise a reseller for departing from it.
8. Delivery
Delivery options, charges and estimated timeframes are communicated at checkout or in your quotation. Please provide a complete and accurate address and contact details.
If a delay or delivery problem arises, please contact us so that we can investigate. We will communicate material delays and honour applicable cancellation, refund and delivery rights.
Where we arrange delivery, handing goods to our courier does not by itself transfer the risk of loss or damage to you. Risk passes on delivery as required by applicable law. If you arrange collection or appoint your own courier, any different arrangements must be expressly agreed and lawful.
9. Returns, refunds and defective goods
Please read our Refund Policy for the return process. That policy and these terms must be applied consistently with statutory rights.
Where ECTA section 44 applies, you may cancel an online goods purchase without reason or penalty within seven days after receipt. Only the direct return cost may be charged, and the full payment must be refunded within 30 days of cancellation. Statutory exceptions may apply, including goods made to your specifications or clearly personalised.
Where CPA section 56 applies, qualifying defective, unsafe or failed goods may be returned within six months of delivery at our risk and expense, without penalty, for repair, replacement or refund at your direction as provided by law.
Sale pricing, opened packaging or wholesale status does not by itself remove statutory rights. Please contact us before returning goods to obtain suitable instructions, especially for fragrance liquids. Administrative procedures do not override legal rights or deadlines.
10. Accounts and personal information
Provide accurate billing, contact and delivery details and keep account credentials secure. Notify us promptly of suspected unauthorised use.
We process personal information in accordance with our Privacy Policy and applicable data-protection law, including the Protection of Personal Information Act 4 of 2013 (POPIA). Our Privacy Policy explains relevant purposes, service providers and your rights. Acceptance of these terms is not blanket consent to unrelated marketing or unrestricted use of personal information.
11. Website content and intellectual property
Our branding, photographs, text and other website materials are protected by applicable intellectual-property law. You may use the website to browse, purchase and retain records of your transactions. Commercial copying or use of our branding requires permission unless otherwise permitted by law.
This restriction concerns our website content and intellectual property. It does not contradict the approved wholesale and reseller arrangements described in section 7.
12. Reviews and submissions
You must have the right to submit any review, image or other content you provide. Submissions must not be fraudulent, unlawful or infringe another person's rights.
When you submit content expressly for publication as a review, you grant us a non-exclusive, royalty-free licence to display it with the relevant product or review service. We will not materially distort its meaning. Separate advertising use of identifiable customer photographs requires appropriate permission.
Private support correspondence is not automatically licensed for publication. We may moderate unlawful, abusive, irrelevant or fraudulent submissions, but will not remove a genuine review merely because it is negative.
13. Third-party services and links
Our website may use payment, courier and other service providers or link to external websites. Separate provider terms may apply to services contracted directly with those providers, and external websites may have their own privacy practices.
We do not control every external website or guarantee uninterrupted availability of third-party tools. This does not exclude responsibility that the law places on us for our suppliers, payment arrangements or performance of your order.
14. Availability, warranties and liability
We take reasonable steps to maintain the website but cannot promise uninterrupted or error-free access. Maintenance, outages or security measures may temporarily affect availability. We will take reasonable steps to address problems within our control.
Products are not supplied on an unrestricted “as is” basis. Applicable statutory warranties and quality standards remain in force.
We do not exclude liability for fraud, wilful misconduct, gross negligence, or any liability that cannot lawfully be excluded, including applicable liability for product-related harm under the CPA.
Responsibility for any other loss will be determined under applicable law, taking account of causation and each party's responsibility. You are not required to indemnify us for our own unlawful conduct, negligence or breach of statutory duty.
15. Suspension and termination
You may stop using the website at any time. This does not itself cancel an existing order; cancellation rights are addressed above and in our Refund Policy.
We may suspend or terminate access for a material breach or a genuine security risk. Where appropriate, we will give notice and a reasonable opportunity to remedy the breach. Urgent protective action may be taken where reasonably necessary.
Termination does not remove accrued rights, lawful payment obligations, warranties, refund rights or rights concerning accepted orders.
16. Changes and interpretation
We may update these terms by publishing a revised version with an updated date. Changes apply prospectively and do not retrospectively alter accepted orders without your agreement. Material changes will be brought to your attention where required by law.
If a clause is unlawful or unenforceable, it will be severed or limited only to the extent legally permissible, while the remaining terms continue where possible. Nothing requires an interpretation contrary to consumer-protection law.
These terms, the applicable policies and any specifically agreed transaction terms record the agreement. They do not erase binding representations or statutory rights. A failure to enforce a provision on one occasion is not automatically a waiver of it.
17. Governing law and disputes
These terms and transactions with iCandles SA are governed by and interpreted in accordance with the laws of the Republic of South Africa.
Please contact us first if you have a complaint so that we have an opportunity to resolve it. This does not prevent you from approaching a competent ombud, regulator, tribunal or court as permitted by law, including the Consumer Goods and Services Ombud or the National Consumer Commission where appropriate.
South African courts with jurisdiction may hear disputes. Nothing in this clause removes any mandatory protection or lawful forum available to you, including mandatory rights applicable to an international customer.
18. Business and contact information
- Legal name: ICANDLES SA (PTY) LTD
- Trading name: iCandles SA
- Company registration number: 2022/834520/07
- Email: info@icandlessa.co.za
- Telephone: +27 64 024 3539
- Website: https://www.icandlessa.co.za
- Place of registration: Krugersdorp
- Physical business address: 262 Voortrekker Road, Krugersdorp, 1739
- Address for service of legal documents: 262 Voortrekker Road, Krugersdorp, 1739
- Company office bearers: Pieter Naude
- Applicable memberships or accreditation bodies and their contact details: None
- Applicable codes of conduct and how to access them: None
Please contact us before sending a return so that we can confirm the appropriate return address and handling arrangements.
