Effective April 1st, 2017
Use of the Site
General Conditions & Intellectual Property
Termination& Access restriction
Wicksly reserves 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. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. 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 joint venture, partnership, employment, or agency relationship exists between you and Wicksly as a result of this agreement or use of the Site. Wicksly's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wicksly's 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 Wicksly with respect to such use. 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disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Additional Terms & Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and review guidelines.
Visiting www.wicksly.com or sending emails to Wicksly constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Service is controlled, operated and administered by Wicksly from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wicksly Content accessed through www.wicksly.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Wicksly Candles offers three product packages in the increments of 1 month (Monthly), 6 months and 12 months (Annual).By purchasing a Monthly Subscription, you acknowledge and accept that your Wickslysubscription will be automatically extended for successive monthly periods has an initial and will be charged on a recurring monthly basis at the determined rate of subscription. Wicksly Candles may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Wicksly Candles reasonably could act. By purchasing a six month Subscription, you acknowledge that your subscription has an initial pre-payment feature for 6 months of product fulfillment. At the end of the 6 months, your subscription will be automatically bill on a monthly recurring basis at the then-current subscription rate. The initial pre-payment in non-refundable. By purchasing a 12 month Subscription, you acknowledge that your subscription has an initial pre-payment feature for 12 months of product fulfillment. At the end of the 12 months, your subscription will be automatically bill on a monthly recurring basis at the then-current subscription rate. The initial pre-payment in non-refundable. By purchasing a gift Subscription, the subscription will not be renewed after the selected term expires. You cannot cancel a Gift Subscription and the pre-payment is non-refundable.
To cancel your Monthly Subscription at any time, you must logon to your account and follow the cancellation procedures. If you cancel, you may use your subscription until the end of your then-current subscription term. Any subscription products with a pre-payment for a set term is non-refundable and you may only cancel at the end of the pre-paid term.
Billing & Account Accuracy
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.
Links to third party sites/Third party services
www.wicksly.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Wicksly and Wicksly is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wicksly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wicksly of the site or any association with its operators. www.wicksly.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.wicksly.com domain, you hereby acknowledge and consent that Wicksly may share such information and data with any third party with whom Wicksly has a contractual relationship to provide the requested product, service or functionality on behalf of www.wicksly.com users and customers.
Assumed Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
You agree to indemnify, defend and hold harmless Wicksly, its officers, directors, employees, agents and third parties, for any 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 or services, 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. Wicksly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wicksly in asserting any available defenses.
Class Action Waiver In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, 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 arbitrators 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 and Conditions, 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 and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. 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 and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions 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'S INDIVIDUAL 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 Employer 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.
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.
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).
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wicksly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wicksly with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Wicksly welcomes your questions and comments regarding the Terms
423 Knapp St.
Email: hello[ at ]wicksly.com
Effective April 1, 2017