Terms and conditions for a candle and home fragrance business

A candle is an open flame sold as home décor, and a home fragrance business needs terms that put the burning of it where the law puts it: with the customer, following the instructions on the label. The terms also have to describe natural variation, deal with delivery in heat and breakage, run returns, and cover wholesale to stockists on different terms. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Candle, wax melt, reed diffuser, room spray and home fragrance businesses in England and Wales making products in small batches and selling to consumers online and at markets, and to shops and stockists at wholesale.

What matters in candle and home fragrance terms

Safety labelling and the instructions

Candles and fragrance products must carry the safety labelling the General Product Safety Regulations 2005 require and, where fragrance oils make the product a hazardous mixture, the hazard labelling required by the assimilated CLP Regulation (EC) No 1272/2008, and the terms should say that the business's products do, that burning and usage instructions form part of the product, and that customers must follow them: never leaving a candle unattended, trimming the wick, keeping products away from children, pets and drafts, and burning within the times stated. The terms describe compliance; the labels deliver it.

Use at the customer's risk and what the business remains liable for

The terms should say that products are used at the customer's risk provided they are used as instructed, and that the business is not responsible for damage caused by misuse, unattended burning or use contrary to the instructions. The business remains liable for a product that is unsafe or defective under the Consumer Rights Act 2015, and the terms cannot exclude liability for injury caused by its own negligence.

Natural variation, scent throw and descriptions

Small-batch products vary in colour, surface finish and scent between batches and with room temperature, and the terms should say that frosting, sinkholes, tunnelling from short burns and variation in scent throw are characteristics rather than defects, that fragrance descriptions are subjective, and that the product matches its description under the Consumer Rights Act 2015 when it is what the listing says.

Delivery, heat and breakage

Wax melts in a hot van and glass breaks in transit. The terms should say that goods are at the business's risk until received, that damaged or melted items are replaced or refunded when reported promptly with photographs, that delivery in hot weather may be delayed to protect the product, and that customers should not leave parcels in direct sun. Prices shown include all mandatory charges, with delivery shown before checkout.

Returns, wholesale and stockists

Consumers may cancel within fourteen days of receipt under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and return unused products in their packaging, with used products excluded because they cannot be resold. Sales to shops and stockists are business sales and need a wholesale section: minimum orders, payment terms with interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998, retention of title until paid, and the stockist's responsibility for displaying the safety information to its own customers.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A customer's table was scorched. Are we liable?

If the product met the safety requirements and carried the instructions, and the customer burned it on a surface or in a way the instructions warned against, the damage is the customer's. If the product was defective, the business is liable and no term changes that.

Can we refuse a return of a candle that has been lit?

A used product cannot be resold, and the cancellation right allows a refund reduction, or refusal in practice, for goods used beyond inspection. Say so in the terms and at checkout.

A stockist has not paid for three months. What can we do?

The wholesale section should give payment terms, interest and compensation on late payment, and retention of title so that unpaid stock still on the shelf remains yours. A right to stop supply is the practical lever.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a handmade cosmetics business
• Terms and conditions for a hamper and gift business

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.