THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY CANDLE SCIENCE, INC. ("CANDLE SCIENCE", "US" OR "WE") THROUGH WWW.CANDLESCIENCE.COM (THE "SITE") OR (UNLESS OTHER TERMS OF SALE ARE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING) BY TELEPHONE, FACSIMILE, E-MAIL OR BY VISIT TO OUR PREMISES. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATIONS OR QUALIFICATIONS OF ANY SORT. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME IN OUR SOLE DISCRETION. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Date Last Modified: October 15, 2016
Availability of our products and/or services are subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. Candle Science shall not be liable for any claims or damages arising in connection with products which are out of stock or otherwise unavailable. Candle Science reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.
Prices shall be our published prices for the products or as otherwise quoted by us to you in writing. Unless otherwise specified by us, any written or electronic price quotes we may provide from time to time are valid only for the period of time specified in such quote. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers or manufacturers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
No Minimum Order
We do not require a minimum dollar amount for orders. The minimum quantity required may vary between products. Promotions may require minimum dollar amounts or purchase quantities to qualify for promotional pricing or products.
All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated; and any international shipping charges, broker's fees, consular fees and customs duties, which shall all be your sole responsibility. You shall pay all such taxes or charges. In the event (i) we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice, or (ii) we ship any product(s) internationally which have been pre-paid, we have the right to cause such product(s) to be returned or otherwise disposed of in the event you fail to pay any customs or duties required to be paid in accordance with the agreed-upon shipment terms.
If your company is a North Carolina or Nevada tax exempt company, fill out the sales tax exemption certificate (LINK) PDF and email it to firstname.lastname@example.org. Once this form has been submitted we will quickly process your request.
Please allow 1 - 5 business days for processing your tax exemption paperwork once it is received. Upon processing your request, you will receive an email notification confirming future purchases will be processed as tax exempt when you enter your Certificate of Exemption number on the order page
We accept payment by VISA, MasterCard, Discover, and American Express. Your credit card will be charged at the time any order is placed. You agree 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, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back.
Security When Ordering
We understand that online credit card security is of great concern to our customers. So when you enter your credit card number and billing information into our system, it is immediately and securely sent to our bank for verification. We never store our customers' credit card numbers. In fact, we never see them. SSL Technology and Industry Standard Firewalls work together to ensure your privacy and to assist in protecting your personal data. We use Secure Socket Layer (SSL) technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information during your online transactions. All forms requiring payment or personal information, within our website, is secured with SSL technology so your data stays safe and out of malicious hands. Our servers are protected by secure firewalls which are communication management servers specially designed to keep information secure and inaccessible by other Internet users.
Order characteristics such as size, weight and distance will determine the method for delivering your order. Orders will ship via courier, parcel services or motor freight and are selected based on optimizing the fastest and least expensive method of delivering your order. Shipping fees are estimated per order. All shipping fees are charged at the time the order is placed and are considered final
If a shipping rate is quoted incorrectly due to typographical error or error in pricing information, we shall have the right to refuse, adjust or cancel the applicable order whether or not the order has been confirmed or whether or not payment has been remitted. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date.
It is your responsibility to provide accurate contact and shipping information. Additional shipping charges may apply if we or the shipper is unable to contact you, or if you are not available to receive the shipped products, or if products are redirected at your request. In the event the delivery location is not entered correctly, we or the motor freight carrier will bill you directly for any additional shipping, handling or other fees.
Returns and Refunds
CandleScience inc. offers a sixty (60) day guarantee on all of our products. If the product is defective, we'll happily refund 100% of the purchase price and pay the return shipping. If the product is not defective and simply unwanted, we will accept the return refund for the full value of remaining sell-able product, but return-shipping costs will be the customer's responsibility.
To submit a return or report damaged or defective product for a refund, follow the instruction on the Return and Replacement page (include link).
We agree to transfer to you, to the extent we are permitted to do so, any warranties that we have received from our suppliers or manufacturers with respect to the products sold through the Site. In that case we will have no product warranty obligations to you. As an accommodation to you, we will, in certain cases and at our sole discretion, provide reasonable assistance in the processing of product returns for which we have no warranty obligations hereunder. Where a product is warrantied, but we are not permitted to transfer the warranty to you, we will warrant that upon delivery to you (and at no other time), the products purchased will substantially conform to the applicable manufacturer's specifications for such products under the same terms as warranted by the manufacturer to us. Except for this limited warranty which we make solely to you and to the extent permitted by law, WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT OR AS TO THE ACCURACY OF ANY CONTENT IN ANY CANDLE SCIENCE LITERATURE OR POSTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF PRODUCTS PURCHASED FROM CANDLE SCIENCE COMPLIES WITH LOCAL JURISDICTION CODES AND ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Our warranty obligations with respect to products and your exclusive rights under our warranty are limited, at our option, to repair or replace the products pursuant to the Return Material Authorization procedure described above, or to refund the purchase price paid by you for the affected products.
Reselling by You
You shall be solely responsible for providing support to your resellers or customers. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.
Unauthorized Use of Products
The products sold by us are not intended or authorized for use with any real-time application in which failure of the products could create a situation where personal injury or death may occur. Many of our products, if not used correctly, can cause fires, injury or even death. While we may, from time to time, offer tutorials or guides within various portions of the Site (such as our Wick Guide), you are ultimately responsible for ensuring that you are using all products purchased from us in a safe and appropriate manner. Candle Science shall not be liable for any claims, damages or injuries caused by your negligence, the negligence of any of your customers, the misuse of any of our products or services by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products. You agree that you will not use or knowingly sell the products to your customers who intend to use the products in an inappropriate manner or in any unauthorized applications. We and our suppliers shall have no liability when products are used in conjunction with such applications.
Limitation of Liability
NEITHER OF US SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO CANDLE SCIENCE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
You agree not to export or re-export any product or technical data except in full compliance with the export control laws and regulations of the United States government, its departments and agencies, or import or re-export any product or technical data except in full compliance of the laws of the jurisdiction into which, or from which, such product or technical data is being imported or re-exported.
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
Neither of us shall be deemed to be the agent or legal representative of the other for any purpose whatsoever. We are independent contractors and neither of us shall represent or hold ourselves out in any other capacity.
Compliance with Laws
Each of us agrees to comply with all laws and regulations applicable to our respective performance under these Terms of Sale and in the conduct of our business operations and to be responsible for obtaining any approvals or licenses necessary to maintain such compliance.
You may not assign these Terms of Sale, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal effect.
Representations and Warranties
These terms and conditions shall be governed and construed in accordance with the laws of the state of North Carolina excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
We agree to attempt to resolve any disputes amicably through our respective representatives. If, after thirty (30) days we are unable to do so, then we each agree that any claim or controversy of any sort relating to our agreement shall be determined by arbitration in Morrisville, North Carolina, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms of Sale. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in North Carolina. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude either of us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
Nothing herein shall be deemed to limit or restrict our ability to sell products or services to, or otherwise work, with any other company, business or individual, including, without limitation, your direct competitors.
These Terms of Sale and the transaction specific terms of any order accepted by us in writing represent our entire agreement with respect to your order. No modification or amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Sale at any time with respect to future orders that you may place with us.
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.