TERMS OF SERVICE
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THORNE CREEK CANDLES THROUGH WWW.THORNECREEKCANDLES.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. IT CONTAINS 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.
Refund Policy
If a customer finds that they do not like the scent or product they ordered, we offer to replace the product with a new item of equal or lesser value at no additional cost to the customer. If the customer prefers a refund instead of a replacement product, we do accept returns within 30 days of receiving the order (determined by the tracking number provided). Customers are required to cover the shipping cost to return their order back to us. Once we receive the return, we will inspect the product and, upon our approval, the refund will be issued minus the cost of shipping or any add on services. If an order is returned to sender due to an issue with the shipping address and the customer prefers a refund instead of a new shipment, only the product is refundable. Any additional services added at checkout as well as the cost of shipping is not refundable once an order has shipped. Please be aware that we only accept returns on unused wax warmers and diffusers.
Lost, Stolen or Damaged Shipments
Lost or Stolen Shipments: While we are not responsible for lost or stolen 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 the location, we always recommend contacting the local post office first as well as leaving a note for the driver explaining what happened. If they are not able to assist or the package does not turn up within 48 hours, please contact us immediately so we can file a claim with the carrier. If the carrier deems your package as lost or stolen, we will work with the customer to have a replacement sent out. If the customer prefers a refund instead of a replacement order, we will need to file a claim with the shipping carrier first and a refund will be issued for the product only upon the approval of the claim by the carrier, minus the amount of any add on services or shipping costs.
Damaged Shipments: If a customer receives a shipment with damaged products, we will offer to send a replacement out for the customer at no additional cost if the customer has selected our Magic Delivery Protection service during checkout. If our Magic Delivery Protection service was opted out of during checkout, we would need to file a claim with the shipping carrier and the claim would need to be approved by that carrier prior to having a replacement order sent out. If the customer prefers a refund instead of a replacement order, we will need to file a claim with the shipping carrier first and a refund will be issued for the product only, minus the amount of any add on services or shipping costs, upon the approval of the claim by the carrier. A refund will not be granted if the claim is denied by the shipping carrier. The damaged product may also be returned by the customer for a refund in the event the claim is denied by the carrier. The cost to return the product for a refund is the responsibility of the customer. A refund will not be issued until the product has been returned in the event a claim is denied.
Defective Products
In the event a customer receives a product that is defective, we will offer to replace the product at no additional cost. The customer may email us at info@magiccandlecompany.com. If the customer prefers a refund instead of a replacement, the defective product must be returned back to us for a refund. The cost to return the product for a refund is the responsibility of the customer. Once we receive the product back, a refund will be issued for the product only, minus the amount of any add on services or shipping costs. A refund will not be issued until the product has been returned.
100% Guarantee Terms
Our 100% Guarantee allows customers who do not like a particular fragrance product they purchased to receive a replacement fragrance product of equal or lesser 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% Guarantee covers the replacement of one fragrance product and is only for domestic orders within the continental United States.
Order Fulfillment Time
All of our products are custom made to order. Our normal fulfillment time for an order to ship is within 3 - 5 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 extremely higher order volume such as the holiday season. We send out automated notifications via email or text as soon as an order's shipping label is printed with tracking information.
PLEASE NOTE: The shipping speed a customer selects at checkout does not change or speed up our fulfillment time. The shipping speed only effects how fast a package arrives once it ships within our usual 3 - 5 business days (Monday-Friday) fulfillment timeframe for an order to ship. We do offer a Rush My Order service at checkout which will move an order to the front of our fulfillment queue so that it ships out the next business day.
Free Shipping Policy
Thorne Creek Candles 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.
Resale Notice
Thorne Creek Candle products are sold on a direct-to-consumer basis only through our online store, thornecreekcandles.com. Our products are not to be offered for resale unless such an agreement has been made in writing by Thorne Creek Candles and a reseller.
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. Thorne Creek Candles is not responsible for any damages caused by the misuse of our candles and products.
Privacy policy
SECTION 1 - 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 thornecreekcandles@oulook.com, or mailing us at:
Thorne Creek Candles – 22509 River Road, Marengo IL 60152
SECTION 2 - 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 3- 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 4 - 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.
SECTION 5 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
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 us at thornecreekcandles@outlook.com or by mail at
Thorne Creek Candles – 22509 River Road, Marengo IL 60152
Terms of Service
OVERVIEW
This website is operated Thorne Creek Candles. Throughout the site, the terms “we”, “us” and “our” refer Thorne Creek Candles. Thorne Creek Candles 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.
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 - 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 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 10 - 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 11 - 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 12 - 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 Thorne Creek Candles, 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 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Thorne Creek Candles 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 14 - 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 15 - 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 16 - 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.