Version: 1.1

Last updated: July 3rd, 2017

 

  1. These Terms and Conditions (“Agreement”) constitute the agreement between you and We Are Were Limited and explains how you can make use of this Website (candleofherbrain.com, wearewere.com, and other domains and websites that belong to We Are Were Limited).
  2. By registering an account, placing an order as a guest visitor, or visiting this Website, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with this Agreement, you must immediately stop making use of the Website in any way.
  3. We Are Were Limited and Candle of Her Brain
    1. We Are Were Limited is fashion goods, accessories, and merchandise company (private limited company) incorporated in Malta, bearing company number C 79103, with its registered address at 135 Kyle Buildings, Triq il-Mediterran, The Village, STJ 1840, San Giljan, Malta, and holding VAT number MT2410-1220.
    2. In this Agreement, the words and terms “we”, “us”, “our”, “Candle of Her Brain”, and “We Are Were” refer to We Are Were Limited.
    3. In this Agreement, the words “You”, “Your”, and “Customer” refer to the person, any entity, or person representing any entity which is visiting this website.
  4. Using This Website
    1. On this website, We sell various fashion and clothing items and accessories (“Items”).
    2. Only persons or representatives of entities with the capacity to enter into legally binding agreements under relevant laws are allowed to use this Website.
    3. While every effort is made by Us to ensure that the information presented on this Website (including prices, shipping information, availability of Items, VAT information) is accurate and up to date, We cannot guarantee this and reserve the right to make changes to any part of the website without any notice.
    4. We reserve the right to change information on this Website at any time, without any notice or liability to you or any other person.
  5. Placing An Order and Registering An Account
    1. You can buy Items from this Website (“placing an Order”).
    2. Orders must be paid in full before We send the Items to you.
    3. We reserve the right to cancel, refuse, refund, or reject any order for any reason. Likewise, we reserve the right to refuse any service, terminate a registered account, and/or cancel any transactions at our sole discretion, if we believe that you have breached any part of this Agreement, breached any relevant law, or you are engaged in conduct which is harmful to us.
    4. We accept payment by such payment methods as are made available to you when checking out. The payment methods available may vary depending on your chosen country.
      1. In any case, you are only allowed to use payment methods such as debit cards, credit cards, prepaid cards, PayPal accounts, or bank accounts, which are issued to you and you are lawfully authorised to use.
      2. We do not store any payment details or sensitive cardholder data within our technical infrastructure (including servers, emails, server logs). All payments processing and payments data security is outsourced to third parties.
        1. The sole exception to this is a custom order agreed upon in writing by email between us, whereby we may accept payment directly by bank transfer to our bank account.
      3. We are not responsible or liable for any surcharges, fees, or any other additional costs associated with effecting a payment for an order with us, such as but not limited to charges imposed by your bank or credit card company.
    5. In line with clause 4.3 of this Agreement, We make every effort to ensure accurate availability of Items (stock) but cannot always guarantee that an Item is available. If you place an Order for an Item which is unavailable, We will contact you and offer you a choice between a full refund or or a reasonable substitute Item and any difference in value shall be at our sole discretion. This shall also apply if We are unable to fulfill an Order for any reason, including such reasons and situations are described in clause 5.3 of this Agreement.
    6. For residents in the European Union (EU), European Economic Area (EEA), or other applicable jurisdiction, country or territory, prices are displayed inclusive of VAT.
    7. You are responsible for paying any taxes, duties, fees, or charges that arise from the fulfillment of any Order placed with Us.
    8. When you visit the Website, you may choose to register an account.
      1. To place an order and in order for Us to fulfill the order, you must give us personal details about yourself such as your full name, your billing address, your shipping address (which is the address to which you instruct us to send the Items), your email address.
      2. If you register an account, you must also provide a password. You are responsible for keeping your password confidential and for ensuring that the password is strong. We are not responsible in any way for any misuse of your account as a result of you failing to keep your password confidential and not share it with anyone. If you believe your password has been compromised, you must change it immediately.
      3. All personal details that You provide Us must be accurate, truthful, valid, and current.
        1. In particular, you are responsible for ensuring that the address stated as shipping address is a valid address at which goods can be delivered.
        2. You may update your personal details at any time by logging into your account via the Website.
      4. For the purpose of protecting ourselves and ensuring compliance with all relevant laws, we reserve the right to verify any personal details including using third-party tools. You agree and consent to your personal data being shared with third parties. We undertake to as far as possible only work with reputable third parties.
      5. You consent and agree to our Cookies and Privacy Policy available on the Website (https://candleofherbrain.com/info/cookies-privacy-policy/).
  6. Shipping and Returns
    1. Information about shipping can be found on the Website (https://candleofherbrain.com/info/shipping-and-payment/), which is an integral part of this Agreement.
    2. Information about returns can be found on the Website (https://candleofherbrain.com/info/return-policy/), which is an integral part of this Agreement.
  7. Special Offers, Promotions, and Coupons
    1. We reserve the right to offer special offers, promotions, and coupons. Furthermore, we reserve the right to not extend such offers to all Customers.
    2. We reserve the right to withhold and remove special offers from you if we find at our sole discretion find your conduct to be damaging in any way.
  8. Liability
    1. The Website is provided on an “as is”’ and “as available” basis, and without any warranties, representations, or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by us to the fullest extent permitted by law.
    2. We will not, under any circumstances, be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of this Website by you or any other person.
    3. In no event will our liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by us or any person for whom we are responsible, exceed the purchase price of the item that is the subject of the claim.
    4. The website is not intended to provide professional or expert advice or any recommendations to buy any item. Any data given that might be construed as a recommendation, is only to be taken as a information or suggestion, and any decision in favour of such a suggestion or information by no means transfers any responsibility or liability to us.
  9. Copyright and Intellectual Property
    1. Unless otherwise stated, all content, depictions, images, and otherwise on or through this Website, except as defined in clauses 9.2, 9.3, and 9.4, is and shall at all times remain the property of We Are Were, including all items and the graphical, electronic, digital, and/or physical designs and/or representations of items.
      1. If you are interested in using any part of this Website or our designs, you may apply for written permission by contacting [email protected], [email protected], or by using the contact form on this Website (https://candleofherbrain.com/info/help-contact/).
    2. As an exception to clause 9.1, we hereby specifically state that we do not hold or make claim to ownership, trademark, copyright, or otherwise to third-party logos, websites, texts, or other materials and content. Such third-parties includes payment services, vendors, suppliers, and manufacturers. All brand names, product names and titles used in the Websites are trade names, and in some instances trademarks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
    3. Comments, reviews, message feeds from third parties, or other materials not created by us are excluded from clause 9.1.
      1. We reserve the right to modify, withhold, refuse, publish, and distribute comments, reviews, and other public messages you send or make available to us.
  10. Miscellaneous
    1. This Agreement is exclusively governed by and interpreted in accordance with the laws of the Republic of Malta.
    2. Any disputes shall be settled under Maltese law.
    3. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    4. All communication regarding this Agreement are to be drawn up only in the English language.
    5. We reserve the right to change this Agreement from time to time without notice.
    6. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
    7. The purpose of any “simplified” language provided in connection with this Agreement is not a part of this Agreement and does not constitute an interpretation of this Agreement. You understand that any such “simplified” language is not necessarily an accurate representation of this Agreement.
    8. This Agreement is in addition to your statutory rights as a consumer, which remain unaffected.

Simplified

Terms and conditions can be daunting to read. We have prepared a simplified version here to help you understand what the terms and conditions mean in plain(er) English.

  1. This the contractual agreement between us.
  2. In order to buy from us (or create an account), you are bound by the terms and conditions.
  3. We Are Were Limited and Candle of Her Brain
    1. This is who we are.
    2. This is how we refer to ourselves.
    3. This is how we refer to you.
  4. Using This Website
    1. What this website is all about.
    2. You have to be a real person (no robots allowed, sorry!).
    3. We do our best to make sure everything on the website is correct and up to date but can’t always guarantee it.
    4. We can change things without giving you notice.
  5. Placing An Order and Registering An Account
    1. You can buy from us.
    2. You must pay for your order before we ship the items to you.
    3. This is a big clause but essentially gives us power to cancel or reject an order in case we are out of stock, if we suspect fraud, or something else is wrong.
    4. We typically offer all major debit and credit cards plus PayPal as a payment option but others may be available in certain countries.
      1. You are only allowed to use your own card, PayPal account, and so on. Very important!
      2. Handling sensitive payments data requires a lot of security that we’re frankly not equipped to do. Therefore, we outsource all of that to someone who’s licensed to handle it (such as Braintree and PayPal).
        1. This clause is just here in case we reach a custom deal where you pay us by bank transfer. In such cases, we do as a normal part of how bank transfers work receive your bank account number in our bank account.
      3. If your bank charges you additional fees for shopping online, shopping in a foreign currency, or shopping at a foreign website, we are not responsible for such fees.
    5. If an item is out of stock or otherwise unavailable, we will contact you and work something out. If you prefer, we’ll refund the payment. Otherwise, we can offer you a replacement item. And we reserve the right to waive or refund the difference (depending on whether the replacement item costs more or less).
    6. VAT is complicated. Basically, we are required to show prices inclusive of VAT. If you live outside of the VAT countries, we’ll remove VAT once you get to the checkout. More info here.
    7. In the unlikely event you end up having to pay some sort of sales or import tax/duty for orders from us, you have to bear those costs on your own.
    8. If you want, you can create an account.
      1. To place an order, you need to give us personal information.
      2. You must select a password. Make it a good password and keep it confidential. We are not responsible for any damages as a result of you not keeping your password safe enough, so be careful! Maybe look into password managers to help you manage all your passwords?
      3. The personal data you give us must be accurate. This is mostly to make sure we can actually deliver the goods to you.
        1. Here we point out that the shipping address is especially important. Make sure it’s all spelled correctly.
        2. This is how you update your personal details.
      4. Like most ecommerce websites, we perform automatic (and manual) controls of orders to protect ourselves from fraud and also to protect you from account takeover. This often requires using third parties to for example compare your IP address with the shipping address. We have an internal policy to only work with reputable third parties.
      5. Please read our Privacy Policy, since it’s a part of the terms and conditions.
  6. Shipping and Returns
    1. Information about shipping is available here.
    2. Information about returns is available here.
  7. Special Offers, Promotions, and Coupons
    1. We may offer discounts and other fun stuff sometimes. Yay! Not all offers are available for everyone (for example so that we can offer special promotions based on what you have bought before and we think you might like).
    2. Sadly, some people may try to abuse our promotions. We reserve the right to exclude such people from our special offers.
  8. Liability — This whole clause is very large and full of legalese. In essence, what we do here is clearly state that we are not liable for any damages as a result of misuse of our items. If you prick yourself with a pin, that’s on you.
  9. Copyright and Intellectual Property
    1. We have the copyright to all intellectual property we put out.
      1. … But we are happy to work out a licensing deal if you are interested in reselling our stuff!
    2. We of course don’t own logos and other property that belongs to other people and companies, such as payment logos.
    3. If you leave a comment or review on our website, that comment belongs to you.
      1. We reserve the right to edit comments and reviews. While we won’t change the spirit of the message, we might fix spelling errors, formatting, or cut the text down if it’s very long.
  10. Miscellaneous
    1. This agreement is executed under Maltese law (BTW, Malta is an EU member).
    2. And any disputes should be settled accordingly.
    3. If something in these terms and conditions is found to be unlawful, everything else will remain (the whole agreement doesn’t come crumbling down just because one piece breaks).
    4. All communication shall be in English.
    5. We might update the terms and conditions and are not required to let you know each time we do.
    6. Headings are not a part of the terms and conditions (they’re just there to make it easier to read).
    7. This whole simplified version of the terms and conditions isn’t legally binding. It’s just here to give you a helping hand, and the full version above takes precedent.
    8. Ultimately, these terms and conditions don’t change your legal rights as a consumer.