Illuminate Your Mind
Terms & Conditions
Overview
Welcome to elyssflame.com. Throughout elyssflame.com (and elyssflame.wixsite.com), the terms “we”, “us” and “our” refer to Elyss Flame. The elyssflame.com (and elyssflame.wixsite.com) website (the “Site”) consists of various web pages operated by Elyss Flame. Elyss Flame offers this Site, including all information, tools and services available from this website to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively the “Terms'').
By visiting our website and/or purchasing something from us upon launch, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully before accessing or using our website and keep a copy of them for your reference. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
This Site is located on an e-commerce platform, which is hosted by Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1
Future Online Store Terms
By agreeing to these Terms, 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 any products by us 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:
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transmissions over various networks; and
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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 Site 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 have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 4
Modifications to the Service and Prices
Prices for the future products listed on the Site 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.
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 the colors and images of the products that appear in person as accurately as possible. It cannot be guaranteed 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 the products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and reserve the right to limit the quantities of any products or Services that are offered. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. 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 on our Site. 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.
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.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are (except as expressly stated by us) provided “as is” and “as available” for your use, without representation, warranties or conditions of any kind, either express or implied. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
You expressly acknowledge and agree that your use of, or inability to use, the optional tools offered through the Site is at your sole risk and discretion. 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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8
Third-Party Links
Certain content, products and services available via our Service and on this Site may include materials and/or links from third-party websites (collectively called “Linked Sites”). The Linked Sites are not affiliated and are not under the control of us. We are not responsible and will not have any liability for the content or accuracy of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by us or the Site or any association with the Linked Site’s operators. Please review the Linked Site’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Linked Site’s products or services should be directed to that Linked Site.
Certain services made available via this Site may be delivered by Linked Sites and organizations. By using any product, service, or functionality originating from this Site’s domain, you hereby acknowledge and consent that we may share such information and data with any Linked Site with whom we may have a contractual relationship to provide the requested product, service or functionality on behalf of this Site’s users and customers.
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 and 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:
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to maintain any Comments in confidence
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to pay compensation for any Comments; or
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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.
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
Your use of the Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
SECTION 1 1
Cancellation / Refund Policy
Please review our Shipping & Returns policy when we launch to see what steps we have set in place for a cancellation or refund.
SECTION 12
Prohibited Uses
You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to us that you will not use the Site:
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for any purpose that is unlawful or prohibited by these Terms
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to solicit others to perform or participate in any unlawful acts
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to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
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to infringe upon or violate our intellectual property rights or the intellectual property rights of others
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to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
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to submit false or misleading information
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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 Site or of any related website, other websites, or the Internet
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to collect or track the personal information of others
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to spam, phish, pharm, pretext, spider, crawl, or scrape
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for any obscene or immoral purpose
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to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet
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to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site
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to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site
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in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site
All content included as part of our Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of us or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights of attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Elyss Flame and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licensees, express or implied, to the intellectual property of Elyss Flame or our licensors except as expressly authorized by these Terms.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13
International Users
The Site is controlled, operated, and administered by Elyss Flame from our offices within the USA. As of right now, we do not ship internationally. If you access the Site from a location outside the 48 contiguous United States, you are responsible for compliance with all local laws. You agree that you will not use our content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
SECTION 14
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Elyss Flame and/or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, punitive, incidental, special, injury, loss, claim, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, revenue, savings, profits, replacement costs, or any similar damages arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.
By purchasing our products, you acknowledge that candles and wax melts involve an open flame or heat source and may pose a fire hazard if not used properly. Elyss Flame is not liable for any damage, injury, or loss resulting from the misuse of our products, including but not limited to: leaving a burning candle unattended, improper wick trimming, or failure to follow the safety instructions provided.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
SECTION 15
Errors, Inaccuracies, and Omissions
The information, promotions, offers, software, services, pricing, products, product descriptions, product shipping charges, transit times and availability included in or available throughout the Site may include inaccuracies, typographical errors, or omissions. Changes are periodically added to the information herein. We and/or our suppliers reserve the right to correct any errors, inaccuracies or omissions, and to make improvements or change or update information or cancel orders if any information in the Site 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 on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
SECTION 16
Indemnification
You agree to indemnify, defend and hold Elyss Flame, our parent, its officers, directors, employees, subsidiaries, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and third parties, harmless for any claim, demand, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, services or the documents they incorporate by reference, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with us in asserting any available defenses.
SECTION 17
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
SECTION 18
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each individual’s capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
SECTION 19
Severability
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20
Access Restriction
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joining venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site.
SECTION 21
Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Site and/or Service, or when you cease using the Site and/or Service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, if you fail, or it is suspected that you have failed, to comply with any term or provision of these Terms. 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 22
Entire Agreement
These Terms and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement between the user and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, it does not constitute a waiver of such right or provision. The invalid or enforceable provision will then be deemed superseded by a valid, enforceable provision that most closely matches the internet of the original provision and the remainder of the agreement shall continue in effect.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23
Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site.
Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SECTION 24
Changes to the Terms
We reserve the right, in its sole discretion, to update, change, or replace any part of the Terms under which the Site is offered at any time and may do so without forewarning. Any new features or tools which are added to the current store shall also be subject to the Terms.
We encourage you to periodically review the most current version of the Terms at any time on this page as it is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.