TERMS OF SERVICE
This website is operated by WigentonCandleCo . Throughout the site, the terms “we”, “us” and “our” refer to WigentonCandleCo . WigentonCandleCo 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 WigentonCandleCo , 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 WigentonCandleCo 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 United States.
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 email@example.com.
During the candle-making experience, you will be learning in a professional candle-making environment with professional equipment such as wax melters. The use of this equipment is monitored at all times and proper safety methods are taught without fail.
Wicksup Candle Co, LLC reserves the right to use photos and videos taken during candle-making events, workshops, and other events used for publicity materials and social media. Registration in candle-making events gives Wicksup Candle Co, LLC permission to use those images without further consent or compensation.
Participation in candle-making events and other events/products is solely at the risk and liability of the individual and/or the parent or legal guardian enrolling the child.
Due to the potentially dangerous nature of hot wax melters, dyes, fragrance oil & hot wax, it is the responsibility of the registering individual and/or parent or guardian to ensure the proper placement of the individual and/or child with regard to the individual and/or child’s skill level. Wicksup Candle Co, LLC and its employees cannot accept liability for any injury or damages that you or your child may suffer related to the premises of the event or participation in activities sponsored by Wicksup Candle Co, LLC. This includes but is not limited to slips and falls on the premises. Every effort will be made by Wicksup Candle Co, LLC and its employees to ensure the safety of you and/or your child while on the premises.
Waiver, Release, and Indemnity
Waiver & Release: In consideration of being permitted to participate in a candle-making workshop (the “Workshop”) offered by Wicksup Candle Co, LLC (the “Company”), I, for and on behalf of myself, my heirs, and personal representatives and all persons claiming by or through me, hereby release, waive and discharge the Company and its officers, directors, employees, contractors, and agents (the “Released Parties”) from all existing and future claims and/or causes of action arising from, or relating to, the Workshop, my presence on the Company’s premises (the “Premises”) or my use of the Company’s tools, equipment or facilities (the “Equipment”), including, without limitation, injury, illness, death, or property loss, regardless of whether arising, in whole or part, from the action or inaction of any Released Parties.
Assumption of Risks: The Company may, but is not obligated to, permit the consumption of alcoholic beverages on Premises. I understand that participation in both candle-making and drinking alcohol carries certain known and unknown risks that cannot be eliminated regardless of the care taken to avoid injuries. I acknowledge that I am aware and voluntarily expose myself to risks inherent in candle making, including, and not limited to, physical and emotional injury or death resulting from serious burns/scalding and other heat-related injuries; slippery surfaces; lacerations; allergic reactions; and eye injuries. I further acknowledge that if I choose to consume alcohol on the Premises, I am aware of and voluntarily expose myself to many risks of alcohol consumption, and the risk that alcohol consumption might exacerbate the risks inherent in candle making. I hereby knowingly assume full and sole responsibility for all of the foregoing risks and acknowledge that my participation in the Workshop is fully voluntary.
Indemnification & Hold Harmless: I agree to indemnify, defend and hold harmless the Released Parties from any and all existing and future claims, actions, suites, procedures, costs, expenses, damages, and liabilities (including, without limitation, reasonable attorney’s fees and court costs) brought, asserted, incurred or arising from or as a result of my participation in the Workshop, my presence on the Premises or my use of the Equipment.
Policies & Procedures: I understand that the Company may impose certain policies and procedures in the connection with the Workshop, including without limitation the right to exclude intoxicated parties from the Premises or participation in the Workshop. I agree to abide by any and all such policies and procedures and understand that if I violate them, I may be asked to leave the premises without refunding any fees or other costs I may have incurred in connection with the Workshop.
Use of Likeness: I hereby grant to the Company the right to use my likeness and recorded actions during my participation in the Workshop, without charge, in the Company’s marketing and promotional materials.
Minors: I understand that I cannot bring any children under age 5 to the Premises during the Workshop and that all Workshop participants must be at least 8 years old. I will ensure that 1 adult will remain present on the Premises during the entire Workshop for every 8 Workshop participants ages 8-14. I understand that each Workshop participant who is under the age of 16 must have a parent or guardian sign this waiver on behalf of the Workshop participant. No alcohol will be served or may be consumed on the Premises by any person who does not present a valid ID indicating such person is at least age 21. Michigan law maintains that a person must be 21 and up to consume alcohol.
Chargeback: All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If you feel that your credit or debit card was used fraudulently On The Sites Or At The Services, Please Contact The Company For Immediate Resolution. You Agree That You Will Not Chargeback Any Amounts Charged To Your Credit Or Debit Card On The Sites Or At The Services. If You Chargeback A Credit Or Debit Card Charge For A Payment Initiated By You Or Any Authorized User Of The Credit Or Debit Card, You Agree That The Company May Recover The Amount Of The Chargeback In Addition To Fees By Any Means Deemed Necessary, Including, But Not Limited To, Recharging Your Credit Or Debit Card Or Having The Amount Recovered By A Collection Agency.
Cancellation: Due to the custom nature of our parties and workshops, Refunds are not issued for workshop reservation cancellations if outside the stated below notice period. A workshop reservation for 1-2 seats may be canceled and refunded in full if at least 72 hours (3-days) notice is received before your scheduled workshop time and 3 - 10 seats if at least 7-days notice is received before your scheduled workshop time. 11+ Seats or private events if at least 14-days notice is received before your scheduled workshop time.
Reschedule: Should you need a one-time RESCHEDULE on your workshop reservation, we must receive an email with 24-hour notice for 1-2 seats, 3-day notice for 3-10 seats, and a 7-day notice for 11+ seats. Your workshop reservation will be transferred to a store credit that can be used only for a future workshop (within 45 days of the original workshop date or stores availability &/or discretion), If part of your party cannot make it and we are not notified within the above notice period based on your party size, someone within the party can make a candle/product (the value of one-workshop purchased) for them.
All notices must be done by sending an email to firstname.lastname@example.org.
PLEASE NOTE: We do not accept calls or voicemails as FINAL notice to reschedule or cancellations. We understand things happen, due to scheduling reasons, we cannot accept rescheduling notice on the day of your event. If you arrive 30+ minutes late, do not provide 72-hour, 7-day, or 14-day respectively cancellation notice, or 24-hr or 72-hr or 7-day respectively reschedule notice or 'no-show', you forfeit your reservation payment.
Severability: In the event that any court of competent jurisdiction shall declare any part of this agreement provided to be invalid, prohibited, or unenforceable, the remaining portions of this agreement shall remain enforceable. To the fullest extent allowed by the law, any invalid, unenforceable or prohibited portion of this agreement shall be modified by a court of law so as to allow the same to be interpreted in such manner so as to be enforceable.
IN WITNESS WHEREOF, I have executed this waiver, effective as of the date set forth below.
Participant or Guardian (if under age of 16)
Candle Care Acknowledgment: Burn 4 hours at a time & away from flammable materials. To prevent smoking & soot buildup, keep wick centered and trimmed to 1/4'”. Keep out of drafts & away from children & pets. Do not move candle while burning or if wax is hot. Discontinue use when only ¼” of wax remains. Never leave a burning candle unattended.
I hereby waive, release, and discharge any and all rights and claims against Wicksup Candle Co, LLC and staff for damages for personal injury, personal property, death, or permanent total disability, which I may have or which may hereafter occur as a result of participation at Wicksup Candle Co, LLC. This waiver is intended to discharge in advance Wicksup Candle Co, LLC from any and all liability arising out of or in connection with any part of the entireties of Wicksup Candle Co, LLC. I understand that there are certain risks and hazards involving participation at Wicksup Candle Co, LLC candle-making. Each participant will be engaging in activities that involve the risk of potential injury, which might result not only from their own actions, inactions, or negligence, but the action, inaction, or negligence of others, or the condition of the premises or of any equipment used. Further that there may be other risks not known to us or not reasonably foreseeable at this time Wicksup Candle Co, LLC is not responsible for any accidents or incidents even those involving overconsumption of alcohol or burns or slip and falls. Must be 21+ to consume alcohol.
I do hereby waive, release, and discharge any and all rights and claims against Wicksup Candle Co, LLC, Inc. for damages for personal injury, death, or property damage that I may incur as a result of participation. I acknowledge that I have read and that I understand the above provisions in this waiver and consent of liability, and agree to abide by them and sign of my own free will.
I knowingly, voluntarily, and expressly waive any claim I may have against Wicksup Candle Co, LLC, its owners, and class/workshop Sponsor, for any injury or damages that I may sustain as a result of participating in the program. I also acknowledge I have read the candle care instructions.
CREATED JUNE 20, 2022 AS
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