The following terms and conditions (“Terms”) constitute our general terms and conditions of business. All services rendered, sales and deliveries made, as well as the use of www.candlescience.com (the “Site”) are governed by these Terms.
SCOPE
By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understood, and agreed to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You understand and agree that your continued use of the Site and any content, material, products or services made available on or through the Site (collectively, the “Services”), signifies that you (the “User”) accept and agree to these Terms.
CANCELLATION POLICY
To cancel an order, access your account page which will show your complete order history. If your most recent order has not yet been processed by our warehouse, you'll be able to cancel or edit your order by clicking the designated button in the far-right column. If the order has been processed, the guidelines for an unwanted return will be followed (see return policy).
PROHIBITION ON RESALE
The products and services available on the Site, and any samples thereof CandleScience may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. CandleScience reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
INTELLECTUAL PROPERTY
All content included on this site, such as text, graphics, marks, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, “Intellectual Property”) is the property of CandleScience, its subsidiaries or its content suppliers and protected by United States and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of CandleScience and protected by U.S. and international trademark laws. Except as set forth in these Terms, or as required under applicable law, neither the content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, retrieved, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
CandleScience is and shall remain the sole and exclusive owner of all right, title, and interest in and to all intellectual property rights, titles and interests from the Site throughout the world. By continuing to use this Site, you expressly agree not to use, reproduce, copy, and/or distribute any of the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and/or software derive from the Site, nor attempt to derive by reverse engineering, disassembling or otherwise, any portion of the products. Except as expressly set forth herein, no right, title, or interest in or to the Intellectual Property is granted by CandleScience to you whether by implication, estoppel or otherwise.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. The shipment contract is completed at the time CandleScience (or one of its subsidiaries) places the ordered items on the truck for delivery to the carrier. The risk of loss and title for such items pass to you upon our delivery to the carrier.
In addition to the above, CandleScience is not responsible for damage, condition issues, or loss that occurs to goods after they're delivered to you or your freight forwarder. CandleScience is not able to provide a reimbursement of (or refund for) any goods confirmed as delivered by the carrier to you or your freight forwarder by the shipping provider. You should refuse any packages that arrive damaged and instruct your freight forwarder to do the same. Should you have any issues with the delivery of your purchases, please do not hesitate to contact Customer Service.
PRODUCT DESCRIPTIONS
The Site attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site is provided by CandleScience on an "as is" and "as available" basis. CandleScience makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this site. You expressly agree that your use of the Site is at your sole risk.
To the full extent permissible by applicable law, CandleScience (including all its subsidiaries and assigns) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CandleScience does not warrant that the Site, its servers, or e-mail sent from CandleScience are free of viruses or other harmful components, despite making best efforts to ensure such is not the case. CandleScience (and its subsidiaries or assigns) will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. There are no warranties which extend beyond the description on the face hereof.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
CandleScience is not responsible for damages to personal or commercial property as a result of breakage, leakages, spillage, or other damage from product escaping its packaging, whether as a result of damage in transport, or otherwise.
CandleScience attempts to be as accurate as possible, however, occasionally the Site may contain typographical errors, inaccuracies or omissions. We do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time.
PURCHASES, RETURNS, AND EXCHANGES
By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy and register or place an order on your behalf. CandleScience may use a third-party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with the use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (where applicable). To the extent that CandleScience is obligated to collect such taxes, the applicable tax will be added to your billing account.
All sales are subject to our shipping and return policies, which shall be made available to you on the Site or otherwise delivered to you with your purchased goods. All reimbursements are at CandleScience's sole discretion. Should you need to request a return, please contact our Customer Service department. However, any claim must be submitted, and include all requested information within 60 days of the date of purchase to be eligible for a reimbursement.
Per our Terms of Sale, you have agreed to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers. Should a User file a charge-back with no prior communication to us regarding any issues or concerns, any attempt at ordering from CandleScience in the future will not be accepted. Furthermore, any issuance of a charge-back request for items a User has received, or used other payment methods which a User knows to be invalid, constitutes fraud and is illegal. Any User attempting such activity, including any associates, will no longer be allowed to conduct business with CandleScience. Should CandleScience become aware of other attempts to make a purchase through CandleScience’s website by such Users or associates, any and all such transactions will be cancelled immediately, and appropriate civil and criminal measures will be taken. These decisions are final and will not be overturned. However, if you believe your account has been suspended in error, please contact our Customer Service department and your information will be forwarded to our legal and financial teams for review.
RECIPES, INGREDIENTS AND FINISHED PRODUCTS
From time-to-time, CandleScience may publish on the Site or otherwise make available to customers (through third party links, social media, or otherwise) recipes or instructions for the creation of candles, soaps or other products (“Recipes”). Additionally, from time-to-time you may choose to purchase through the Site or otherwise from CandleScience products and/or raw ingredients (“Ingredients”) for your creation of candles, soaps or other products (“Finished Goods”).
CandleScience is not responsible for the outcome of any recipe or instructions you try, whether utilizing any Recipes from the Site, a third-party link, social media, or otherwise, and whether utilizing Ingredients purchased from the Site or elsewhere. Furthermore, CandleScience shall not be responsible for any Finished Goods you create utilizing Ingredients purchased from us. Additionally, CandleScience shall not be responsible for your failure to comply with: (1) applicable law, including, without limitation, FDA regulations, and/or (2) IFRA guidelines.
By: (a) voluntarily using any Recipes provided on the Site, linked to the Site, or otherwise made available by CandleScience (through social media, third-party links, or otherwise) (b) by purchasing Ingredients for the use in making any recipe or following any instructions, whether any Recipes provided or made available by CandleScience or a recipe or instructions made available by any other party, or created by you, or (c) by purchasing Ingredients from CandleScience for use in creating or manufacturing any Finished Goods by you, you hereby: (1) voluntarily and irrevocably assume the risk of any potential injury that may result, including, without limitation, personal injury, including death, and/or property damage, and (2) waive and release CandleScience, and its members, managers, shareholders, directors, employees, agents, representatives, subsidiaries, successors and assigns from any and all liabilities, damages, injuries, claims, causes of action, costs or expenses which may in any way arise as a result of or related to: (i) your use of any Recipes provided on Site, linked to the Site, or otherwise made available by CandleScience (through social media, third-party links, or otherwise), (ii) your purchase of Ingredients for the use in making any recipe or the following of any instructions, whether any Recipes provided or made available by CandleScience or a recipe or instructions made available by any other party, or created by you, or (iii) your use of Ingredients in creating or manufacturing any Finished Goods.
DATA PROTECTION
We will process your personal data in connection with your order. We undertake to treat that data in confidence and not to pass it on to any third parties. For more information, please review our Privacy Policy, incorporated herein by reference.
SEVERABILITY CLAUSE
The invalidity or unenforceability of any provision of these Terms shall in no way affect the validity or enforceability of any other provision.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CandleScience or any of its affiliates or subsidiaries shall be brought only in the appropriate state or federal court located in the State of North Carolina.