Terms of service
TERMS OF SERVICE
Effective date: 12/20/2023
1. ACCEPTANCE OF THE TERMS OF SERVICE
These terms and conditions (these “Terms of Service”) apply to the purchase and sale of products and services through keapcandles.com (the “Website”). These Terms of Service are subject to change by Keap Co. (“KEAP” or “We”) without prior written notice at any time, at our sole discretion. The latest version of these Terms of Service will be posted on this Website, and you should review these Terms of Service before purchasing any product or services that are available through the Website. Your continued use of the Website after a posted change in these Terms of Service will constitute your acceptance of and agreement to such changes.
These Terms of Service are subject to and incorporate the Terms of Use that apply generally to the use of the Website and our Privacy Policy. You should carefully review the Terms of Use and Privacy Policy before placing an order for products or services through this Website, as both the Terms of Use and Privacy Policy are binding on you.
2. CHANGE TO THE TERMS OF SERVICE
We reserve the right to revise and update these Terms of Service at any time, so please review them frequently. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
We will post any changes we make to our Terms of Service on this page with a notice that the Terms of Service has been updated on the Website home page. You are responsible for checking this page periodically, so you are aware of any changes, as they are binding on you. When we make material changes to the Terms of Service, we will contact users who have provided an email address to the email address specified in their account. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
3. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by KEAP, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between KEAP and you will not take place unless and until you have received your order confirmation email.
4. PRICE AND PAYMENT TERMS
All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.
You represent and warrant that:
- the credit card information you supply to us is true, correct, and complete,
- you are authorized to use such credit card for the purchase,
- charges incurred by you will be honored by your credit card company,
- and you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
5. SHIPMENTS, DELIVERY, AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You agree to pay all shipping and handling charges specified during the ordering process.
Title to the ordered products and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6. RETURNS AND REFUNDS
Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 15 days of placing your order and provided such products are returned in their original condition. To return products, we ask that you please contact us by email at TheLab@KeapCandles.com with “Return” and your order number in the subject line and follow the instructions in our response.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Please allow 1-2 weeks for your refund to be processed, if approved. Your refund will be credited back to the same payment method used to make the original purchase on the Website. We will send an email once the item(s) has been received and your refund has been processed.
7. SUBSCRIPTION POLICY
Candle Subscriptions
KEAP offers a subscription plan for candles (“Candle Subscription”). We deliver a candle according to your selected frequency preference with free shipping. The date of each shipment may vary at KEAP’s sole discretion and can be tracked through your customer account. You will be notified when your when your order ships. You can choose to receive seasonally curated scents or the same scent each time. Subscribers get early access to new fragrances, limited edition art prints and labels, and other benefits.
Candle Subscriptions are Continuous
When you register for a candle subscription, you expressly acknowledge and agree to the following:
- KEAP (or a third-party payment processor) is authorized to charge you for your candle subscription (in addition to any applicable taxes and other charges) on the frequency selected by you (which may be adjusted in the "My Subscription" part of your customer account) for as long as your candle subscription continues.
- Your candle subscription is continuous until you cancel it, or we suspend or stop providing access to the website or applicable products.
- You may skip your candle order as often as you'd like by either (1) emailing us at TheLab@KeapCandles.com or (2) logging into your account, choosing "My Subscription" and changing the shipment date for your upcoming shipment(s). You may need to click "View upcoming orders" to locate the relevant order. For more information, see our FAQs.
- You may also change the frequency of your orders by either (1) emailing us at TheLab@KeapCandles.com or (2) logging into your account, choosing "My Subscription," clicking on your subscription or "Manage subscriptions", changing the order frequency by selecting a different option from the drop down that says "You get X of these Every X month(s)," and saving those changes.
Cancellation Policy
You may cancel your candle subscription online at any time by either (1) emailing TheLab@KeapCandles.com and following the instructions in our response or (2) logging into your account, choosing "My Subscription" and clicking "cancel subscription" toward the bottom of the page. Any candle order(s) identified as "processing" or "shipped" on your upcoming page, however, cannot be cancelled. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any candle order identified as "processing" or "shipped" prior to the cancellation of your candle subscription.
Subscription Discount Requires at least Two Shipments
The subscription discount requires at least 2 shipments. If you cancel after just one shipment, we will charge you the subscription discount of $10 to reflect a one-off purchase.
8. NO WARRANTY
Since our products are individually made, there may be differences between each product. As such, there is no warranty for our products. However, if your product is defective, please contact us at TheLab@KeapCandles.com with the subject line "Defective Product."
Limitation of Liability
Notwithstanding the above, our liability to you will under no circumstances exceed the actual amount paid by you for any defective product(s) that you have purchased through the website, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products from the Website for your own personal, household, or gifting use only, and not for resale or export.
10. INTELLECTUAL PROPERTY RIGHTS
For more information on rights and obligations pertaining to KEAP’s intellectual property, please refer to 4. INTELLECTUAL PROPERTY RIGHTS IN THE TERMS OF USE.
11. PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website. You should read the Privacy Policy before using the Website or ordering products to gain a full understanding of your rights.
12. FORCE MAJEURE
We are not liable or responsible to you for any failure or delay in fulfilling our obligations under these Terms of Service, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"):
- Acts of God
- Floods, fires, earthquakes, or other potential natural disasters
- Pandemics or epidemics
- War or civil unrest
- Government order, law, or action
- National or regional emergencies
- Industrial disturbances such as strikes or labor stoppages
- Telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials.
We will resume performing our obligations as soon as reasonably practicable after the cessation of the Force Majeure Event.
13. GOVERNING LAW AND JURISDICTION
All matters relating to the Website, these Terms of Service, the Terms of Use, and the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Subject to 19. ARBITRATION IN THE TERMS OF USE any legal suit, action or proceeding arising out of, or related to, the Website, these Terms of Service, the Terms of Use, or the Privacy Policy will be instituted in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Ulster. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. DISPUTE RESOLUTION AND BINDING ARBITRATION
These Terms of Service are subject to our Terms of Use. For more information on processes available to you in the event of a dispute, please refer to 19. ARBITRATION IN THE TERMS OF USE.
Please read 19. ARBITRATION IN THE TERMS OF USE carefully because it requires you to arbitrate certain disputes and claims with KEAP and limits the manner in which you can seek relief from us.
15. ASSIGNMENT
You cannot assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is void. No assignment or delegation relieves you of any of your obligations under these Terms of Service.
16. WAIVER AND SEVERABILITY
No waiver of by KEAP of any term or condition set forth in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KEAP to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent required by law and all remaining provisions of the Terms of Service will continue in full force and effect.
17. NO THIRD-PARTY BENEFICIARIES
These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.
18. NOTICES
To You
We may provide any notice to you under these Terms of Service by sending a message to the email address you provide or by posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep the email address in your account current.
To Us
To give us notice under these Terms of Service, please contact us at TheLab@KeapCandles.com with “Terms of Service - Notice” in the subject line.
We may update the email address for notices to us by posting a notice on the Website. Notices provided by email will be effective three business days after they are sent.
19. ENTIRE AGREEMENT
Your order confirmation, these Terms of Service, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
20. AFFILIATE PROGRAM
Keap operates an affiliate marketing program that rewards third parties who refer customers to our Website. These affiliates may receive compensation when users click on their links and make purchases on our Website. Our affiliate program is managed through Impact.com. We share transaction data with Impact.com solely for the purpose of tracking and paying commissions to our affiliate partners.
The existence of this affiliate program does not affect the prices of our products. Affiliate partners are required to disclose their relationship with us in accordance with Federal Trade Commission (FTC) guidelines and applicable laws.
If you have questions about our affiliate program, please contact us at TheLab@KeapCandles.com.