Terms & Conditions
This page contains the "Terms and Conditions" under which you may use Candleberry.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Candleberry Candle Corporation, (the "Company"), may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and may change without notice. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Orders and Acceptance
By submitting an order on www.candleberry.com, you warrant and represent that all personal information you have entered for is valid.
Except with respect to our out of stock items, you cannot change or cancel an order once the order has been submitted.
Lack of Availability
Candleberry Co. makes reasonable efforts on our website to provide correct inventory information. If an item you have ordered becomes unavailable after your order has been placed, we will cancel the item on your order and notify you by email or phone. We reserve the right to cancel out of stock items at any time.
Pricing
All prices on our website are listed in U.S. Dollars. Prices do not include sales tax or shipping and handling charges which will be charged on all orders applicable and will be indicated at the time of placing your order during checkout.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel order placed for the products listed in the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
Promotional Rules & Restrictions
Please note that terms and conditions may change for future promotions. When redeeming an offer on our website, only one offer can be redeemed per order. You can not double stack offers or discounts in one single order.
Use of Candles:
Use of Material
The Company authorizes you to view and download a single copy of the material on Candleberry.com (the "Web Site") solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.
Acceptable Site Use
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This site is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use this site without permission of their parents or guardians. By granting a child permission to use this web site, you give that child permission to access any area of Candleberry.com and it is the parent/guardians responsibility to make sure that the visited portions of the web site are appropriate for your child. Minors who can not meet these requirements may not use this Web Site.
You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Web Site. You are also expected to pay for any state fees or applicable taxes that may be associated with the activities from this Web Site.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals wishing to purchase products from Candleberry.com. The Company specifically prohibits any other use of the Web Site, and all users agree not to use the Web Site, for any of the following:
You may not resell any products purchased on this website. All products sold are for end users only.
Posting any incomplete, false or inaccurate information in the open discussions and chat forum sections (if applicable) or other areas of the Web Site. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements or offensive language, are implicit or immoral in nature, are harassing or libelous, and any unlawful statement.
Posting any false or inaccurate biographical information when setting up an account or requesting other information from this Web Site. This includes, but is not limited to misrepresenting yourself, your company, and company goods and/or services.
Posting any incomplete, false or inaccurate information in any other part of this Web Site.
Posting of any corrupted files, viruses and other software damaging activities.
Posting any franchise, pyramid scheme, multi-level marketing, "club membership", distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents, or other commercial venture.
Attempting to gather or solicit other user’s information for any reason not authorized by the Company.
Deleting or revising any material posted by any other person or entity. This includes, but is not limited to, the infringement of any third party’s content or transmission.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers, such as Netscape Navigator and Microsoft Explorer.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
Framing of or linking to any of the materials or information available from the Web Site.
Violate any other posted policy in regards to the use of this Web Site, regardless as to where the policy is located at on the Web Site.
The Company has a right to refuse to post any message or other postings (if ever applicable) if the Company believes it is in violation of these terms and conditions. The Company also reserves the right to terminate your use of this site if you violate any of these prohibited uses.
User Information
When you register (for an account or other information) regardless of reason for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address and credit card information (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Furthermore, the Company may disclose to any third party your name, address, e-mail address or telephone number unless you opt out of this, including to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration (if applicable) and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.
Unless mentioned in the privacy policy, the Company does not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described here and in the Privacy Policy. Your credit card information is never given to any other party and is not stored on Company computers or elsewhere. Your personal information and safeguarding it is very important to the Company. Your information is on computers and is protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
It is your responsibility to verify the accuracy of all the information (including personal) posted by you on this Web Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by the Company from third parties, nor does the Company endorse any opinions expressed in these postings. The Company does not endorse any of the products that may be advertised by third parties through the web site. All postings by the Company and products sold by third parties are for informational and convenience purposes only.
The Company has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users or other third parties. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, or through the Companies own internal review, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are false, misleading, abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site (if ever applicable), including regular postings, message boards, forums, contests, photographs and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) in your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. These rights also include your information in any media now known or not currently known. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. This information will be used in accordance with the Company’s privacy policy.
Any hyperlinks contained in any postings will be, at the discretion of the Company, disabled for use by others.
Registration and Password
If applicable, you are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
Copyright Notification in the Event of Possible Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Candleberry.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
e-mail: info@candleberry.com
Termination of Users who violate the Company's policy on infringement of Copyright or other Intellectual Property rights of others.
The Company, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
The Company’s Liability
Candleberry.com is only a venue for third parties. In some cases we may allow third parties to post information on this site. We may not screen this information before posting. The web site may also be a venue for different products, articles and interviews. The Company is not involved in the actual communications between users, unless specifically mentioned otherwise. As a result, the Company has no control over the content of the various postings, third party vendor information, product information or users work product. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. There is no agency agreement of any kind made between any Vendor or publisher and the Company.
Because user authentication on the Internet is difficult, Candleberry.com cannot and does not confirm that each user/vendor is who they claim to be. Because we do not and cannot be involved in user-to-user/vendor dealings or control the behavior of participants on Candleberry.com, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature (including negligence), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information provided by other users, vendors, and others, which may be made available through the Web Site. By its very nature, other parties information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site, or other Material. This includes inaccurate pricing, and the Company reserves the right, at their discretion, to cancel an order, and notify you, should an error in pricing be discovered prior to shipment. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any postings placed by you on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
The company may have a warranty on its products, which can be found elsewhere in this website. Any product warranty shall be limited to just the products sold by the company. The limitations in this section shall still apply for everything else.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGAIN, THE COMPANY DOES NOT ENDORSE ANY INFORMATION PROVIDED BY ANY USER, OR OTHER PARTY THAT A USER FOUND ON CANDLEBERRY.COM.
IT IS UP TO YOU, THE CONSUMER, TO USE THE PRODUCTS SOLD BY THE COMPANY IN A RESPONSIBLE MANNER. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES, DEATH OR INJURIES CAUSED BY THE USE OF ANY ITS PRODUCTS, WHETHER DIRECT OR CONSEQUENTIAL.
Contacting Company
Users may contact the Company, for customer support or service at the following e-mail address(s):
e-mail: info@candleberry.com
Links to Other Sites
The Web Site may contain links to third party web sites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings (if applicable) from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions (or other agreements found in this Web Site) or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. This shall include all intellectual property issues, such as copyright and trademark infringement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Return Policy
Returns are accepted under the following conditions:
We want you to love everything you purchase from us. If for any reason you don’t—even if you just change your mind—simply return it to The Candleberry Candle Company, 1150 Chenault Rd, Frankfort, KY 40601 for a full refund or exchange. The item will need to be returned at your expense and we will provide a refund for the product. Candles that have been lit or melted are not eligible for a refund.
No returns will be accepted without a receipt or receipt number.
If the product is damaged or defective, we will either replace it or provide a refund.
General Terms
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Kentucky, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Kentucky, and all parties submit to the jurisdiction of the venue of these courts. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Both parties agree that they may be compensated for reasonable attorney fees in the event of a claim. Except as expressly provided in additional terms of use for areas of the Web Site, such as a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.