THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY ACCESSING AND USING THIS SITE AND/OR PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BLACKOUT WAX, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the use of www.blackoutwax.com (the “Site”) and the purchase and sale of Products (as hereinafter defined) through the Site (collectively, “Use”). These Terms are subject to change by Blackout Wax, LLC (referred to as “Blackout Wax”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to your Use of the Site. Your continued Use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
3. Products and Pricing. We sell candles and other items (“Products”) through our Site. The uniform price point for all Products is as marked. Prices in these Terms and on our Site are exclusive of taxes and shipping fees.
4. Payment. Accepted forms of payment include most major credit cards for all purchases. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for purchases, and (iii) charges incurred by you will be honored by your credit card company or similar.
5. Purchases and Returns. The purchase price of the Products will be charged to you at the time of your Purchase along with any applicable taxes and shipping fees. Purchases may be returned within 30 days of delivery. All returned Purchases must be in their original condition and unused.
6. Title and Risk of Loss. Your selection of the Products is an offer to purchase the Products. We accept your offer by shipping the Products to you. We may decline your offer for any reason, with or without notice to you. The risk of loss and title for all Products passes to you upon our delivery of the Products to a common carrier (such as DHL, FedEx, UPS, or USPS). In the case of a return, you will retain title to any returned Products and risk of loss of such Products will remain with you until we have received the returned Products and confirmed the Products to be in their original condition as specified in these Terms.
7. Errors and Omissions. Occasionally information on our Site may contain errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, and availability of Products. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. Despite our efforts to accurately depict Products, we cannot guarantee that your monitor’s or screen’s display of any color will be accurate.
8. Limited Warranty and Disclaimers. Blackout Wax warrants that Products manufactured by Blackout Wax will be free of defects in workmanship or material under normal use and care for a period of 14 days from the date of delivery. If you discover any warranty defects and notify Blackout Wax thereof in writing during the applicable warranty period, Blackout Wax shall, at its option, promptly repair or replace that portion of the Products found by Blackout Wax to be defective, or refund the purchase price of the defective portion of the Products. All replacements or repairs necessitated by inadequate maintenance, normal wear and tear, accident, misuse, improper modification, repair, storage, or handling, or any other cause not the fault of Blackout Wax are not covered by this limited warranty, and shall be at your expense. Blackout Wax shall pay all reasonable transportation charges incurred in returning to Blackout Wax any Products agreed in writing by Blackout Wax to be defective and covered under the limited warranty set forth in this Section 8; however, you shall pay all transportation charges covering any Products returned to Blackout Wax that do not prove to be defective or if any defect is not covered by warranty. Products repaired or replaced during the warranty period will be in warranty for the remainder of the original warranty period. This warranty is provided by Blackout Wax solely to the first purchaser of the Products.
THE WARRANTY SET FORTH IN THIS SECTION 8 IS THE EXCLUSIVE WARRANTY AND IS PROVIDED INSTEAD OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
9. LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, REPLACEMENT, OR REFUND OF PURCHASE PRICE UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 9. IN NO EVENT SHALL BLACKOUT WAX BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF REVENUE, AND COST OF CAPITAL) ARISING OUT OF THE AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) OR ITS TERMINATION, AND IRRESPECTIVE OF WHETHER BLACKOUT WAX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE), SHALL BLACKOUT WAX'S ACTUAL LIABILITY TO YOU EXCEED THE PRICE TO YOU OF THE SPECIFIC PRODUCTS OR SERVICES PROVIDED BY BLACKOUT WAX GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
The limitation of liability set forth above shall only apply to the extent permitted by law.
10. Intellectual Property Rights. Unless otherwise noted, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Contents”), are owned by Blackout Wax, its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You may download or copy Contents from our Site for your personal, non-commercial use only. No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in civil and criminal penalties.
11. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Blackout Wax.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(c) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(d) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Blackout Wax, LLC, 808 Tularosa Drive, Unit 2, Los Angeles, CA 90026. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Effective date: 3.10.2018