Terms and Conditions
THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY FLEURTY WICK CANDLE LLC ("FLEURTY WICK CANDLE CO", "US" OR "WE") THROUGH WWW.FLEURTY WICK CANDLE CO.COM (THE "SITE") OR (UNLESS OTHER TERMS OF SALE ARE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING) BY TELEPHONE, FACSIMILE, E-MAIL OR BY VISIT TO OUR PREMISES. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN 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.
Date Last Modified: JUNE 2019
Availability of our products and/or services is subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. Fleurty Wick Candle Co shall not be liable for any claims or damages arising in connection with products which are out of stock or otherwise unavailable. Fleurty Wick Candle Co reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.
Prices shall be our published prices for the products or as otherwise quoted by us to you in writing. Unless otherwise specified by us, any written or electronic price quotes we may provide from time to time are valid only for the period of time specified in such quote. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers or manufacturers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
We require a minimum order of 24 vessels for all wholesale accounts. Minimums may contain various SKU’s to reach 24 items. Items in the Luxe Collection are 24 MOQ for any vessel in this section.
All prices are net of any sales, use, excise, value added, and similar taxes imposed by any governmental authority regardless of how denominated; and any international shipping charges, broker's fees, consular fees and customs duties, which shall all be your sole responsibility. You shall pay all such taxes or charges. In the event (I) we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice, or (ii) we ship any product(s) internationally which have been pre-paid, we have the right to cause such product(s) to be returned or otherwise disposed of in the event you fail to pay any customs or duties required to be paid in accordance with the agreed-upon shipment terms.
If you or your organization is exempt from the payment of sales tax, you must submit the proper documentation to us prior to placing your order to avoid collection of tax. We are unable to refund sales tax assessed on orders placed before your tax exemption paperwork is processed. Please send to email@example.com for processing.
Please allow 3 - 5 business days for processing your tax exemption paperwork. Upon processing your request, you will receive an email notification confirming future purchases will automatically be processed as exempt from sales tax.
While Fleurty Wick Candle Co may not currently collect sales or use tax in your state, your purchase is not necessarily exempt from sales or use tax merely because it was purchased via the internet. Some states require purchasers in that state to file a sales and/or use tax return each year reporting all non-taxed purchases and to pay tax on those purchases. Many states require that a reseller pay tax on purchases made for consumption rather than resale. Any information about how your state collects taxes should be found on your state’s Department of Revenue website.
We accept payment by VISA, MasterCard, Discover, American Express and PayPal. Your credit card, debit card or PayPal payment method will be charged at the time any order is placed. You agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back.
Security When Ordering
We understand that online credit card security is of great concern to our customers. So, when you enter your credit card number and billing information into our system, it is immediately and securely sent to our bank for verification. We never store our customers' credit card numbers in our system. In fact, we never see them. Secure Socket Layer (SSL) technology and Industry Standard Firewalls work together to ensure your privacy and to assist in protecting your personal data. We use SSL technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information during your online transactions. All forms requiring payment or personal information, within our website, are secured with SSL technology so your data stays safe and out of malicious hands. Our servers are protected by secure firewalls which are communication management servers specially designed to keep information secure and inaccessible by other Internet users.
If you opt to save your credit card details at checkout, the information is encrypted and stored through a PCI DSS compliant tokenization system that replaces your credit card number with a secure identifier, called a “token” that can only be used on www.fleurtywick.com. This adds several layers of security. Your credit card details will be available when you return to shop with us, adding convenience while remaining secure.
Weather and Natural Disasters - We are not liable for any delays due to natural disasters, riot or Covid related issues.
Order characteristics such as size, weight and distance will determine the method for delivering your order. Orders will ship via courier, parcel services or motor freight as selected by Customer at the time the order is placed. Shipping fees are calculated per order and displayed to Customer prior to order completion and collection of payment. All shipping fees are charged at the time the order is placed and are considered final.
If a shipping rate is quoted incorrectly due to typographical error or error in pricing information, we shall have the right to refuse, adjust or cancel the applicable order whether or not the order has been confirmed or whether or not payment has been remitted. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date.
Fleurty Wick Candle is not responsible for delays in shipping. There may be backordered items and/or delays from the distributors for items required for your order. We will do our best to keep you updated if there are delays, but we are not responsible for those delays. Delays may occur during seasonal times such as Christmas. We are not responsible for delays caused by UPS, USPS, FedEx, DHL or any other carrier used for shipping.
It is your responsibility to provide accurate contact and shipping information. Additional shipping charges may apply if we or the shipper is unable to contact you, or if you are not available to receive the shipped products, or if products are redirected at your request. In the event the delivery location is not entered correctly, we or the motor freight carrier will bill you directly for any additional shipping, handling or other fees.
Fleurty Wick Candle Co will not be held liable for shipments directed to an address other than the shipping address on the original order.
Fleurty Wick Candle Co does not prepare orders selected for pick up for shipping or transport via a third party. Fleurty Wick Candle Co reserves the right to refuse delivery to a common carrier or other third party attempting to pick up an order on behalf of Customer.
Fleurty Wick Candle Co does not support the use of freight forwarding services. Customers engage freight forwarders at their own risk. Fleurty Wick Candle Co will not complete or sign any documentation from freight forwarding companies or forwarding agents.
Returns and Refunds
All sales are final. Fleurty Wick Candle Co will not accept any returns on candle orders. Any damaged shipments must be reported within 48 hours of receipt. Authorized returns only. Shipping fees are non-refundable. Please purchase a full sized candle, before placing large orders, to ensure the scent is to your liking. All scents are not the same and do not have the same throw. We reserve the right to decide if replacements will be honored on a case by case basis. If approved, only one replacement will be processed. Additionally, we will need to test the returned product and receive the old order into our warehouse prior to providing a replacement. We will also need to advise the supplier of the return.
We are not responsible for wet spots on candles. Soy wax contracts and expands when there are temperature variances. This is a natural occurrence an does not affect the integrity of the candle. We will not provide a refund for candles with wet spots. We also will not add any additives to our products to enhance their performance.
We agree to transfer to you, to the extent we are permitted to do so, any warranties that we have received from our suppliers or manufacturers with respect to the products sold through the Site. In that case we will have no product warranty obligations to you. As an accommodation to you, we will, in certain cases and at our sole discretion, provide reasonable assistance in the processing of product returns for which we have no warranty obligations hereunder. Where a product is warrantied, but we are not permitted to transfer the warranty to you, we will warrant that upon delivery to you (and at no other time), the products purchased will substantially conform to the applicable manufacturer's specifications for such products under the same terms as warranted by the manufacturer to us. Except for this limited warranty which we make solely to you and to the extent permitted by law, WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT OR AS TO THE ACCURACY OF ANY CONTENT IN ANY FLEURTY WICK CANDLE LITERATURE OR POSTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF PRODUCTS PURCHASED FROM FLEURTY WICK CANDLE COMPLIES WITH LOCAL JURISDICTION CODES AND ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Our warranty obligations with respect to products and your exclusive rights under our warranty are limited, at our option, to repair or replace the products pursuant to the Return Material Authorization procedure described above, or to refund the purchase price paid by you for the affected products.
Reselling by You
Any online published discounts must be category-wide or site-wide and must have an expiration date of not more than 30 days. Items must be purchased for resale only, unless otherwise authorized. We reserve the right to adjust and change wholesale discounts without notice. As supplier cost fluctuate, so will our cost price. Any promotional discounts or coupons offered on the retail site do not apply to wholesale accounts. We reserve the right to suspend accounts who violate this policy. We also reserve the right to approve or decline a wholesale account request at any time. We reserve the right to refund any purchases made on this site that fall below the minimum required wholesale quantity.
You shall be solely responsible for providing support to your resellers or customers. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.
Drop Ship Fee
Drop Ship Fee is $2.50 plus shipping charge per order. (Additional charges may apply for large shipments)
Due to COVID-19,processing time is may be up to 4 weeks or more. Payment is processed when order is placed. Larger orders may require additional production time.
If you require RUSH SERVICE, there will be a $150 fee (provided materials are in stock to fulfill the order. RUSH service will be granted on a case by case basis. There must be at least 5 business days for production after invoice has been paid. Production time begins once payment is made. All orders ship from our Atlanta location. Local orders may be picked up from our Avondale Estates studio location, by appointment only.
If you have your label set up in the required size, we will provide a quote for the size label you require. The average price is around $10 for 24 labels. We will need the label in the source file (Adobe Illustrator or Photoshop) to ensure proper printing. If you send a jpeg or png file, the label may not be clear. We can provide the dimensions of any container for you, at your request. Please note that we are not responsible for blurry labels if you do not send it in the proper format. Labels are printed on a sheet - in quantities of 12, 24 or 48 depending on the size.Label pricing is for one label per vessel. Additional charges apply if there are multiple labels on the vessel. There is no charge for warning label, and it can be customized.
Unauthorized Use of Products
The products sold by us are not intended or authorized for use with any real-time application in which failure of the products could create a situation where personal injury or death may occur. Many of our products, if not used correctly, can cause fires, injury or even death. While we may, from time to time, offer tutorials or classes, you are ultimately responsible for ensuring that you are using all products purchased from us in a safe and appropriate manner.
Fleurty Wick Candle Co shall not be liable for any claims, damages or injuries caused by your negligence, the negligence of any of your customers, the misuse of any of our products or services by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products. You agree that you will not use or knowingly sell the products to your customers who intend to use the products in an inappropriate manner or in any unauthorized applications. We and our suppliers shall have no liability when products are used in conjunction with such applications.
Limitation of Liability
NEITHER OF US SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO FLEURTY WICK CANDLE CO DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
You agree not to export or re-export any product or technical data except in full compliance with the export control laws and regulations of the United States government, its departments and agencies, or import or re-export any product or technical data except in full compliance of the laws of the jurisdiction into which, or from which, such product or technical data is being imported or re-exported.
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages, we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
Neither Fleurty Wick Candle Co nor Customer shall be deemed to be the agent or legal representative of the other for any purpose whatsoever. We are independent contractors and neither of us shall represent or hold ourselves out in any other capacity.
Compliance with Laws
Each of us agrees to comply with all laws and regulations applicable to our respective performance under these Terms of Sale and in the conduct of our business operations and to be responsible for obtaining any approvals or licenses necessary to maintain such compliance.
You may not assign these Terms of Sale, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal effect.
Representations and Warranties
These terms and conditions shall be governed and construed in accordance with the laws of the state of Georgia excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
We agree to attempt to resolve any disputes amicably through our respective representatives. If, after thirty (30) days we are unable to do so, then we each agree that any claim or controversy of any sort relating to our agreement shall be determined by arbitration in Avondale Estates, Georgia, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms of Sale. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in Georgia. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude either of us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
Nothing herein shall be deemed to limit or restrict our ability to sell products or services to, or otherwise work, with any other company, business or individual, including, without limitation, your direct competitors.
These Terms of Sale and the transaction specific terms of any order accepted by us in writing represent our entire agreement with respect to your order. No modification or amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Sale at any time with respect to future orders that you may place with us.
If any provision of these Terms of Sale is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.