THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY MAGIC CANDLE COMPANY ("MAGIC CANDLE COMPANY", "US" OR "WE") THROUGH WWW.MAGICCANDLECOMPANY.COM (THE "SITE") OR (UNLESS OTHER TERMS OF SALE ARE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING) BY TELEPHONE, FACSIMILE OR BY E-MAIL. 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.
If you find that you do not like the scent or product you ordered, we do take returns on unused products only. You must contact us within 15 days of receiving your order (determined by the tracking number provided). Customers are required to cover the shipping cost to return your order to us. Once we receive your return, we will inspect the product and, upon our approval, your refund will be issued minus the cost of shipping. If the product has been used, we will replace it with a different one of equal or lesser value completely free of charge.
100% Magic Guarantee Terms
Our 100% Magic Guarantee allows customers who do not like a particular fragrance product they purchased to receive a replacement fragrance product of equal or lessor value free of charge. Customers who would like to request a different fragrance may contact us via email with their order number and their new scent selection within 30 days of receiving their original order and we will have their new fragrance product sent out at no additional charge. Only one new shipment will be sent at our expense. If a customer receives a replacement scent that they do not like, we do not offer a second shipment although customers may still return the unused product for a refund.
*Please be aware that our 100% Magic Guarantee covers the replacement of one fragrance product and is only for domestic orders within the continental United States. We do offer to replace a fragrance product for international customers if they wish to cover the cost of international shipping. Our 100% Magic Guarantee does not apply to wax warmers, diffusers or warming plates.
Order Fulfillment Time
All of our products are custom made to order. Our normal fulfillment time for an order to ship is within 5 - 7 business days (Monday-Friday). While we strive to fulfill all orders as quickly as possible, orders can take up to 10 business days or more to ship during periods of higher order volume. We send out automated notifications via email or text as soon as an order's shipping label is printed with tracking information.
Lost, Stolen or Damaged Shipments
While we are not responsible for lost, stolen or damaged shipments, we do our best to assist our customers when a package has an issue in transit. If a shipment is lost or shows as delivered but is not at your location, we always recommend contacting FedEx or your local post office first as well as leaving a note for your courier explaining what happened. If they are not able to assist you further, please contact us immediately so we can file a claim. If the Post Office, FedEx or DHL deems your package as lost or damaged, we will work with you to have a replacement sent out. Please note that packages deemed stolen by DHL, FedEx or USPS will not be approved for a refund. If a customer receives a damaged shipment and we offer to send a replacement shipment out but the customer prefers a refund, a claim would need to be filed with the shipping company and approved by them in order to receive a refund. The damaged order may also be returned by the customer for a refund as well however the cost to ship the package back is the responsibility of the customer.
Magic Delivery Protection
Magic Delivery Protection by Magic Candle Company® protects a shipment in the event that it is lost, stolen or damaged during transit. This delivery protection service is offered to all customers at checkout. Magic Candle Company® will reship an order once per order only for customers who elected to add our delivery protection service and has a package that has been deemed lost, stolen or damaged. Magic Delivery Protection does not grant customers who elected to add this service the option of a refund instead of a replacement shipment. If a customer prefers a refund over a replacement shipment in the event that their shipment was lost, stolen or damaged while in transit, a claim would still need to be made with the shipping company first and a refund will be issued upon the approval of the claim by the carrier as noted in these Terms and Conditions.
Magic Delivery Protection is automatically added to all orders at checkout. Customers may elect not to get our delivery protection service simply by moving the slider in their cart to the off position or by removing Magic Delivery Protection from their cart. This service cost only $0.99 no matter the cost of the order. Customers who believe their package is lost or stolen can simply email us at email@example.com to open a claim after 48 hours from the date of delivery according to the tracking number provided. If the package has not shown up after 48 hours from the time of delivery, we will reship the order. If a package was damaged in transit, please contact us immediately and be sure to include photos of the damaged item(s) in your email and we will replace your damaged items quickly. Magic Delivery Protection will cover one replacement shipment only in the event that an order is lost, stolen or damaged and cannot be added to an order that has already shipped.
By choosing not to get Magic Delivery Protection for an order at checkout, Magic Candle Company® is not responsible for lost, stolen or damaged shipments as noted in these Terms and Conditions however we will do our best to assist our customers when a package has an issue in transit by filing a claim for the customer directly with the shipping carrier. If and when the claim is approved, a replacement or refund will be issued. Packages that are deemed stolen by either DHL, USPS, FedEx or any other shipping carrier we use will not be approved and the claim will be denied as noted by their terms of service.
If you have any additional questions relating to our Magic Delivery Protection service or in the event of a lost, stolen or damaged shipment, please do not hesitate to contact us via email at firstname.lastname@example.org.
*Please be aware that by choosing not to get Magic Delivery Protection for your order at checkout, Magic Candle Company® is not responsible for lost, stolen or damaged shipments.
Rush My Order Service
Magic Candle Company® orders usually ship within 3 - 5 business days (Monday - Friday) after an order is placed due to high order volume. Adding the Rush My Order service to an order guarantees that a new order will ship the next business day. The Rush My Order "Add to Cart" button can be found on the check out page. Simply click on the "Add to Cart" button next to Rush My Order which will add the service to your cart ensuring that your order ships from our facility the next business day. Our Rush My Order service cost $4.99. The cutoff time for an order to be placed with the Rush My Order service is 6 PM Eastern time. An order placed after 6 PM Eastern time that added the Rush My Order service is not guaranteed to ship the following business day however the order will ship the day after that. Customers who place an order after 6 PM Eastern and adds the Rush My Order service may email us at email@example.com to request that their order ship the next business day and we will do our best to get the order out. The Rush My Order service does not effect the shipping method customers select at checkout or the shipping speed. This service only ensures that a new order will ship out the next business day from our facility. If a customer adds the Rush My Order service to their order and selects a Standard Shipping method, their order will ship using a Standard Shipping service. If a customer adds the Rush My Order service to their order and selects an Express Shipping method, their order will ship using an Express Shipping service. Rush My Order only ensures that an order ships the next business day for customer's who desire or need their order to ship out the next business day. Our Rush My Order service is not refundable if a customer decides to return an order for a refund. If a customer decides to add this service to their order and the order has not shipped yet, we are able to cancel the service and issue a refund for it however once the order ships the service is no longer refundable. If a delay was caused by Magic Candle Company® and the order was not able to be fulfilled and shipped out within the advertised timeframe, we will issue a refund for the Rush My Order service at the customer's request. However, if we shipped an order out within our advertised fulfillment time and used the shipping service selected at checkout but the shipping carrier, usually FedEx or USPS, failed to deliver the package within the estimated transit time, this would not qualify for a service refund. FedEx and USPS shipments may experience delays during transit that are beyond our control. These delays can be caused due to weather, mechanical issues, etc. which we are not responsible for. The Rush My Order service simply guarantees that we will ship an order the next business day based on the time of day the order was placed using the shipping service the customer chooses at checkout.
International Shipping Notice
Magic Candle Company® currently offers international shipping to select countries. Please be aware that all orders are calculated by country and weight during the checkout process. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. We also do not offer exchanges on international orders. If you find that you do not like a product, we do take returns on unused products only. The recipient is responsible for returning the product to us for a refund. Please be aware that shipping is not refundable. The refund will be for the cost of the product only.
International Package Forwarding Services Policy
Magic Candle Company® currently offers international shipping to select countries. If an international customer chooses to use a package forwarding service within the United States to ship an order to an international address that we do not service, Magic Candle Company® assumes no responsibility for lost, stolen or undelivered shipments. The international buyer assumes all responsibility for the shipment once it has left our facility.
Free Shipping Policy
Magic Candle Company® runs free shipping promotions throughout the year and we reserve the right to refuse this promotion to anyone for any reason. Our free shipping promotions are only for orders shipping within the continental United States and does not include Hawaii, Alaska or any other United States territory or international country. Shipping rates are shown at checkout and are based on order weight and location so customers will see if their shipping address qualifies for our free shipping promotion. Some areas within the United States are considered to be extremely remote and shipping carriers may require a significant surcharge to deliver packages to these addresses. If an order received free shipping at checkout but falls into an area deemed to be extremely remote and requires a significant shipping surcharge, we reserve the right to cancel and refund the order if the customer does not wish to pay the additional surcharge for shipping costs above the standard rate for most continental United States addresses. Please note that if a promo code drops an order's subtotal below the advertised, minimum amount required to receive free shipping during a promotion, the system will remove the free shipping and add the shipping cost back. The order's subtotal must remain over the minimum qualifying amount to receive free shipping.
Magic Candle Company® products are sold on a direct-to-consumer basis only through our website MagicCandleCompany.com and are not to be offered for resale unless such an agreement has been made in writing by Magic Candle Company® and a seller.
All Magic Candle Company® wax warmers and diffusers come with a 6 month warranty. If your warmer or diffuser has an issue within 6 months from the date it was purchased, we will replace the device for you. The replacement device we will send does not start the warranty period over. International customers will receive a refund instead of a replacement for the device if there is an issue within the 6 month purchase period.
Candle Burning Safety Notice
A study by the U.S. Consumer Product Safety Commission suggests that 85% of candle fires could be avoided if consumers followed three basic safety rules:
1) Never leave a burning candle unattended.
2) Never burn a candle on or near anything that might catch fire.
3) Keep candles out of the reach of children and pets.
4) Never use water to extinguish a candle.
Always make sure to keep your candle wick trimmed to 1/4" before lighting. If a candle wick is too long, the wax isn't able to reach the top causing the candle to smoke. Keep your candle free of any foreign materials including matches and wick trimmings. Only burn the candle on a level, fire-resistant surface. Do not burn the candle for more than four hours at a time. Stop use when only 1/4" of wax remains. If you notice a candle that has a flame height above 1.5 inches and/or is releasing excessive smoke, make sure to blow the candle out immediately, allow the candle to fully cool and trim the wick down which should lower the flame and stop the smoke. If trimming the wick does not help to lower the flame or stop excessive smoking, please cease using the candle further, safely dispose of it once it has fully cooled and contact us for a replacement. Magic Candle Company® is not responsible for any damages caused by the misuse of our candles and products.
Air Freshener, Fragrance Oil and Room Spray Handling
Fragrance oils, which are used in our air fresheners and room sprays, may contain ingredients such as natural citrus oil which can damage certain surfaces if not wiped away quickly. Please make sure that the fragrance oils or room spray liquids do not come into prolonged contact with surrounding areas such as painted surfaces, plastic, leather, fabric, wood and all other materials and to clean spills quickly to prevent damage. Our air fresheners are designed to hang freely and should not come in contact with any surrounding materials such as painted surfaces, plastic, leather, fabric, wood and all other materials as well. Magic Candle Company® is not responsible for any damages caused by the misuse of our air fresheners, fragrance oils and/or room sprays.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org or mailing us at:
Magic Candle Company®
7616 Southland Blvd, Suite 102, Orlando, FL 32809
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at
Magic Candle Company®
[Re: Privacy Compliance Officer]
7616 Southland Blvd, Suite 102, Orlando, FL 32809
Terms of Service
This website is operated by Magic Candle Company®. Throughout the site, the terms “we”, “us” and “our” refer to Magic Candle Company®. Magic Candle Company® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Magic Candle Company®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Magic Candle Company® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Magic Candle Company® 7616 Southland Blvd, Suite 102, Orlando, FL 32809.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.