Terms and Conditions

Please read the following important terms and conditions before you purchase any goods through this website.

Who we are
1. These are the terms and conditions (‘Terms’) upon which Oberg Associates Ltd, T/A Max Benjamin, a company incorporated under the laws of Ireland under company number 220168 with registered office at Glenstock, Enniskerry, Co. Wicklow, Ireland A98 R674 (‘Max Benjamin’, ‘we’, ‘our’ or ‘us’) sells and supplies goods to you through our Our registered VAT number is IE 8220168M.
How to contact us
1. You can contact us by using the our help centre on our website. Alternatively, you can contact us by email at [email protected] or by telephone at +353 1 286 3647. Our customer services team are available between the hours of 9am to 5pm Monday to Friday IST.
2. If we have to contact you we will do so by telephone or by the email address you provided to us in your order or query.
About you
1. In order for you to buy goods (e.g. Max Benjamin branded candles, diffusers and body products) (‘Product’) from us through the website you can do so through your valid user account for the website (‘User Account’) or as a guest without having to register a User Account, have a valid payment card that is accepted by one of our payment options (see section 8.5 below for details of current payment methods), be authorised to use that payment card (e.g. it is in your name or you have the right to use it) and a mobile phone, computer or other device with an internet connection. You must keep your User Account details secure and must not share them with anyone else.
2. If the law in your country considers you to be a minor you must have your parent or legal guardian’s permission to purchase Products from us and to enter into these Terms.
Your privacy and personal data
1. Any personal data that you provide to us will be dealt with in accordance with our Privacy Notice, which explains what personal data we collect from you, how and why we collect, store, use and share such information and your rights in relation to your personal data. Our Privacy Notice is available at maxbenjamin.ie/privacy.
Our contract with you
1. Applicable terms. When buying any Product through the website you will be entering into a contract with us for the supply of the Product you select. You will be legally bound by all of the following terms:
  1. these Terms;
  2. our User Agreement, which govern your access and use of our website; and
  3. specific terms which apply to and are made available in respect of certain offers, promotions, coupons or gift cards.
2. Language and filing of contract. These Terms are only available in English. No other languages will apply to your contract with us. The details of this contract will not be filed with any relevant authority by us. Archived versions of these Terms, indicating the dates they were effective, are available on the website at maxbenjamin.ie/terms.
Our Products
1. Product information. All Products displayed for sale on the website, and set out in our acknowledgment email (see section 7.2), are accompanied by their main characteristics. This Product information we give you forms part of our contract with you, as though it is set out in full here. If we have to change any of this key information once a contract between you and us has been made we will only do this if you agree to it.
2. Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made reasonable effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
3. Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
4. After-sales. After you purchase a Product you can contact our customer services team, as described in section 2.1, if you have any support queries.
5. Previous Collections. Any Products sold at a discounted price will be identified and sold as such. These Products may be sold at a discounted price because they are from a previous or discontinued Product collection. Please note that refills may not be available for these Products.
Ordering Products from us
1. Placing an order. You can place an order for Products by logging into your User Account or continuing as a guest, clicking on your chosen Product(s); clicking the ‘Add to Cart’ button; providing your delivery address and billing address (if different); checking your order summary in our check-out page; providing your payment information; confirming your acceptance of these Terms, and clicking the ‘Pay now’ button. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so on the website before submitting it to us.
2. Acknowledging your order. When you place your order at the end of the online purchase process (e.g. when you click on the ‘Pay now’ button), we will acknowledge it by email and provide you with an order number. This acknowledgement does not, however, mean that your order has been accepted.
3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
4. How we will accept your order. If we can accept your order we will normally send you an email to confirm this (‘Confirmation Email’). At this point, a legally binding contract will be in place between you and us, and we will begin preparing your order for dispatch.
5. Unusual activity. Very occasionally we may need to refuse or cancel an order and/or close or freeze a User Account even if we have previously confirmed an order, for example if we identify something unusual on an order or a User Account. If this happens to you and you think we have made a mistake please get in touch with our customer service team (see section 2.1 above).
Price and payment
1. Where to find the price for Products. The price of Products (which includes VAT at the applicable rate) will be in euro (€) and will be the price indicated on the order pages when you place your order. Pricing and availability of all Products displayed through the website are subject to change at any time prior to purchase.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the Product(s) in full before the change in the rate of VAT takes effect.
3. Cost of delivery. The price of Products do not include the cost of delivering the Products. Please see your delivery options and costs at maxbenjamin.ie/delivery before you place your order. We may from time to time and at our discretion offer free delivery if the total price of a single order (excluding VAT and delivery costs) exceeds a certain sum. If you are eligible for free delivery this will be stated before you submit your order.
4. What happens if we got the price wrong. Sometimes we may mistakenly publish the wrong price or product information. If this happens to a Product you have ordered we will tell you as soon as possible by email and give you the chance to reconfirm your order (at the correct price or with other correct information) or cancel the order. If we do not hear from you we will treat your order as cancelled.
5. When you must pay and how to pay. We do not accept cash but our payments provider(s) do accept the following payment cards: Visa, Mastercard and Maestro (Switch UK). All payments by payment card need to be authorised by the relevant card issuer. We may make available to you various payment processing methods in addition to payment card to facilitate your purchases through the website. You must comply with any relevant terms and conditions of a payment processing provider which you choose to use to pay for your order. We may add or remove payment processing methods from the website at our own discretion. You will be able to view the available payment processing methods when placing your order (see section 7.1).
6. Security. We and/or our payment provider will use reasonable endeavours to ensure that the information you give us when paying for your order is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Notice (see section 4) or breach by us of our obligations under applicable laws we will not be legally responsible to you for any loss or damage that you may suffer if a third party gains unauthorised access to any information that you give us.
7. Promotional codes. Sometimes we may give you a promotional code that you can use to reduce the price of particular Products we are selling. Promotional codes may be used on one transaction and do not apply to sale items. These promotional codes may have additional terms and conditions that will apply to you, but these will be clearly highlighted when issued to you. You will need to ensure you enter the promotional code at the online checkout in order to receive any price reduction.
Delivery
1. Delivery costs. If you want to see your delivery options, visit our webpage maxbenjamin.ie/delivery before you place your order.
2. Delivery timing. We will deliver your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery of your order will take place when we deliver them to the address that you gave to us.
3. We are not responsible for delays outside our control. If our supply of the Product(s) is delayed by an event outside our control then we or our delivery provider will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Product(s) you have paid for but not received.
4. If you are not at home when the Product is delivered. If no one is available at your address to take delivery and your order cannot be posted through your letterbox, our delivery provider may send you an SMS to the telephone number you supplied when you submitted your order to us. This SMS will include a website link, through which you must provide our delivery provider new instructions for delivery (e.g. deliver to a neighbour) or rearrange delivery with our delivery provider.
5. If you do not re-arrange delivery. If after a failed delivery to you, you do not provide our delivery provider new instructions for delivery or re-arrange delivery we or our delivery provider may charge you for any further delivery costs. If, despite our reasonable efforts, we or our delivery provider are unable to contact you or re-arrange delivery we may end the contract.
6. When you become responsible for the Product. You are responsible for the Product(s) when delivery has taken place. In other words, the risk in the Product(s) passes to you when you take possession of the Product(s).
Your rights to end the contract
1. Your rights to end the contract with us will depend on whether there is anything wrong with the Product(s), how we are performing and, if you are a EU consumer, when you decide to end the contract:
  1. If what you have purchased is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see section 13;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see section 10.2; or
  3. If you are an EU consumer and you have just changed your mind about the Product, see section 11. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Product(s) to us.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at sections 10.2.1 to 10.2.3 below, the contract will end immediately and we will refund you in full for any Product(s) which has not been provided. The reasons are:
  1. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
  2. there is a risk that supply of the Product may be significantly delayed because of events outside of our control; or
  3. you have a legal right to end the contract because of something we have done wrong.
Your right to change your mind
1. If you are a EU consumer you may have the right to cancel this contract within 14 days after the day on which you (or someone you nominate) receives the order, unless your order is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Product(s).
2. You do not have this right to cancel in respect of Products that:
  1. are clearly personalised;
  2. are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
  3. become mixed inseparably with other items after their delivery.
How to end your contract with us (including if you have changed your mind)
1. Tell us you want to end the contract. To exercise your right to change your mind you can use the model cancellation form available here maxbenjamin.ie/cancellation, but this is not obligatory. However, we do need a clear statement from you that you wish to end the contract if you wish to change your mind or for other reasons set out in section 10.1, so please let us know by doing one of the following:
  1. Email. Email us at [email protected]. Please provide your name, home address, order number, details of the order and your phone number and email address.
  2. Online. Complete and submit the cancellation form on our website.
  3. By post. Please write to us at Max Benjamin, Glenstock, Enniskerry, Co. Wicklow, Ireland A98 R674 including your order number, details of what you bought, when you ordered or received it and your name and address.
2. Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to us or post them back to us at Max Benjamin, Unit 9, Block 3, Bromley Business Park, Greystones, Co. Wicklow A63R763. Please call our customer services team (see section 2.1 above) if you wish to arrange a time to return Products to us in person. If you are exercising your right to change your mind (see section 11 above) you must send the goods within 14 days of telling us you wish to end the contract.
3. When we will pay the costs of return. We will pay the costs of return:
  1. if the Products are faulty or misdescribed; or
  2. if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  3. In all other circumstances (including where you are exercising your right to change your mind (see section 11 above)) you must pay the costs of return.
4. How we will refund you. Unless otherwise agreed with you, we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. Deductions from refunds if you are exercising your right to change your mind. If you are an EU consumer exercising your right to change your mind:
  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 to 5 days at one cost but you choose to have the order delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6. When your refund will be made. We will make any refunds due to you without undue delay. We may withhold your refund until we have received the Product(s) back or you have supplied evidence of having sent back the Products, whichever is the earliest. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a product to us, see section 12.2.
Faulty Product
1. If you have any questions or complaints about your order, please contact us. You can contact our customer service team using the information set out in section 2.1 above.
2. We are obliged by Irish law to supply goods that are in conformity with the contract. If you wish to exercise your legal rights to reject Products you must either return them in person to us or post them back to us. For information about how to return a product to us, see section 12.2.
Our right to end the contract
1. We may end the contract for a Product at any time by writing to you (e.g. by email) if:
  1. you breach any of the terms of our contract;
  2. you do not make any payment to us when it is due;
  3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s); or
  4. you do not, within a reasonable time, allow us to deliver the Product(s) to you.
End of contract
1. If we end the contract in the situations set out in section 14.1 we will refund any money you have paid in advance for Products we have not provided.
2. If this contract is ended:
  1. it will not affect our right to receive any money which you owe to us under this contract; and
  2. this will not affect provisions of the contract that are said to operate or have effect after termination and will not affect any existing rights or obligations or any rights or obligations which are intended to commence on or continue after termination of the contract.
Limit on our responsibility to you
1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; of for breach of your legal rights in relation to the Products.
3. We only supply Products through this website for domestic and private use. If you use our Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other important terms
1. Transferring rights. We may transfer or assign our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
2. Severability. Each of the sections of these Terms operate separately. If any court or relevant authority decides that any of them or part(s) of them are unlawful, the remaining sections and parts will remain in full force and effect.
3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
4. Rights and remedies. The rights and remedies provided under the Terms are in addition to, and not exclusive of, any rights or remedies provided by applicable law.
5. Disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Product you purchase, our service to you or any other matter please contact our customer support team (please see section 2.1) as soon as possible. If you and we cannot resolve a dispute using our internal complaint handling procedure, you may use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the Your Europe portal: europa.eu/consumers/odr.
6. Governing law. These Terms are governed by Irish law. Subject to section 17.5 any dispute will be subject to the jurisdiction of the Irish courts. Nothing in this section 17.6 limits or excludes any mandatory consumer protections applicable in the country of your residence which we are obliged to adhere.
Update to these Terms
1. We may amend these Terms from time to time. Please check these Terms each time you order Products from us to ensure you agree with the Terms that apply at that time, as any such new Terms will apply to all subsequent purchases. Any changes to these Terms made after our acceptance of your order (see section 7.4) will not affect your order.
2. These Terms were last amended on 3 August 2020. Previous versions of these Terms, including their effective dates, are available here www.maxbenjamin.ie/terms.