Terms and Conditions

Capitalized words have the meanings defined below, whether they appear in the singular or the plural.

• Account — a unique account created for You to access our Service or parts of our Service.
• Affiliate — an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country/State — North Carolina, United States.
• Company — ("the Company", "We", "Us" or "Our") Red Sea Candle Co. LLC, 4111-E Rose Lake Dr #3839, Charlotte, NC 28217.
• Device — any device that can access the Service, such as a computer, a cell phone or a digital tablet.
• Feedback — feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• Goods — the items offered for sale on the Service.
• Orders — a request by You to purchase Goods from Us.
• Promotions — contests, sweepstakes or other promotions offered through the Service.
• Service — the Website.
• Subscriptions — the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions — (also "Terms") these Terms and Conditions, including any documents expressly incorporated by reference, which form the entire agreement between You and the Company regarding the Service.
• Third-Party Social Media Service — any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
• Website — Red Sea Candle Co., accessible from https://www.redseacandleco.com.
• You — the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. They set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

When You create an Account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so is a breach of these Terms, which may result in immediate termination of Your Account.

You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party, and You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a name the name of another person or entity, or a name that is not lawfully available for use, or one that is offensive, vulgar or obscene.

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

• Your information — When You place an Order, You may be asked to supply information relevant to it, including Your name, email, phone number, shipping address and payment details. You confirm that You have the right to use any payment method You provide and that the information You supply is true, correct and complete. Payments are processed by Square, our payment processor, and are subject to Square's terms and privacy policy.
• Order cancellation — We reserve the right to refuse or cancel Your Order at any time for reasons including: Goods availability, errors in the description or prices of the Goods, errors in Your Order, or suspected fraud or an unauthorized or illegal transaction. If Your Order is canceled after payment, We will refund the amount paid.
• Your cancellation rights — Any Goods You purchase can only be returned in accordance with these Terms and Our Return and Refund Policy, which is part of these Terms.

We are constantly updating our offerings of Goods on the Service. The Goods available may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information about Goods on the Service. Because our candles are hand-poured, color, label and fragrance may vary slightly from batch to batch and from product photos.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The Company reserves the right to revise its prices at any time prior to accepting an Order. All prices are in US dollars. Sales tax, where it applies, is calculated at checkout.

Orders of $60 or more (before tax) ship free within the United States; below that, shipping is a flat $6.50. Shipping charges are shown before You pay.

The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

All Goods purchased are subject to a one-time payment unless purchased as a Subscription. Payment can be made through the methods offered at checkout, which may include major credit and debit cards, Apple Pay, Google Pay and Cash App Pay.

Payment cards are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Some parts of the Service may be offered on a Subscription basis. Where they are, the following applies:

• Subscription period — Subscriptions are billed in advance on a recurring and periodic basis (such as every several weeks or monthly), depending on the plan You select when purchasing the Subscription. At the end of each period, Your Subscription automatically renews under the same conditions unless You cancel it or the Company cancels it.
• Cancellations — You may cancel Your Subscription renewal at any time by contacting Us or through Your Account settings, if available. You will not receive a refund for fees already paid for the current Subscription period, and Your Subscription will continue until the end of that period.
• Billing — You must provide accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. If automatic billing fails to occur for any reason, the Company may pause or end the Subscription.
• Fee changes — The Company may modify Subscription fees at any time. Any change will take effect at the end of the then-current Subscription period, and We will give You reasonable prior notice so You can cancel before the change takes effect. Your continued use of the Subscription after a fee change takes effect is Your agreement to pay the modified amount.
• Refunds — Except when required by law, paid Subscription fees are non-refundable. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotion, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Unless stated otherwise, discount codes cannot be combined, cannot be exchanged for cash, and may expire.

The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. This includes our name, logo, labels, scent names, product photography, copy, and visual design.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You're welcome to share photos of products You have purchased on social media.

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction, and without any compensation or credit to You.

Our products are home fragrance items, not medical or therapeutic products. If You or someone in Your home is sensitive to fragrance or has a respiratory condition, check with a physician before using scented products.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services. We strongly advise You to read the terms and privacy policies of any third-party websites or services that You visit.

The Service may also display, include, make available, or link to content or services provided by a Third-Party Social Media Service. The Company does not endorse or assume responsibility for any Third-Party Social Media Service, and Your use of it is governed by that service's terms and privacy policies.

We may terminate or suspend Your Account or access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply stop using the Service or contact Us to have it deleted.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service, or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials or products included on it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, they shall be applied to the greatest extent enforceable under applicable law.

The laws of the State of North Carolina, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

If you have any questions about these Terms and Conditions, you can contact us:

• By email — redseacandleco@gmail.com
• By visiting our contact page — https://www.redseacandleco.com/contact