Términos del servicio
TERMS AND CONDITIONS
(Last updated on August 30, 2021)
- From time to time, We may use the services of third parties to assist Us in the provision of the Websites; however, unless otherwise stated, the services available on the Websites are provided to You by Us.
- All orders and purchases made through the Websites are governed by these Terms. • By purchasing products via the Websites, You acknowledge that only the Websites are controlled by Us, and You accept and agree to these Terms.
- The purchase of goods through the Websites is strictly limited to parties who can lawfully enter into and form contracts on the Websites in accordance with the laws of the jurisdiction of their residence.
- By entering the Websites, You agree that You will access the content solely for Your personal and non-commercial use.
- Orders may only be placed via the Websites. We do not accept orders in any other manner, including via telephone.
- You should print a copy of these Terms for future reference.
- If You have any questions about these Terms, please contact Us by emailing: email@example.com.
- Placing an order via the Websites may require You to use third party apps to commence and/or complete Your order. As such, when placing an order via the Websites.
- You represent and warrant that You have accepted the terms and conditions of said third party apps, as applicable.
- Changes to These Terms.
- We may make changes to these Terms from time to time, which will be effective when posted on the Websites.
- We will not notify You directly/personally of any changes to the Terms; as such, it is encouraged that You check the Websites regularly for any updates to these Terms. • It is expected that You will read these Terms fully prior to any purchase, and Your continued use of the Websites following the posting of changes will mean You accept those changes. • You will be subject to the policies and Terms in force at the time that You order product(s) from Us, unless any change to those policies or these Terms is required to be made by law or
a government authority (in which case it may also apply to orders previously placed by You).
III. Intellectual Property.
- All content and Materials (meaning the information, resources, services, products, and tools We provide for You, either directly or indirectly through this Website) available on Our Website, including but not limited to ‘look and feel’ of the Website, text, graphics, website name, code, images, button icons, compilations and logos are the intellectual property of Monalisa Candles, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Websites is strictly prohibited, unless specifically authorized by Monalisa Candles.
- The entire content published on the Websites, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of Monalisa Candles. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the Website. Without obtaining Our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from Materials downloaded from the Website.
- Except as otherwise provided in these Terms or without Our express prior written permission, You agree that You will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify any or all intellectual property of Monalisa Candles or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the Materials appearing on the Websites or use of such Materials for any other purpose is a violation of Our copyright and other proprietary rights.
- Responsible Use and Conduct.
- By visiting the Websites and accessing the Materials, You agree to use these Materials only for the purposes intended as permitted by:
- these Terms, and
- applicable laws, regulations and generally accepted online practices or guidelines. • You hereby agree that:
- Any warranty, express or implied, shall be voided by improper use.
- Accessing (or attempting to access) any of Our Materials by any means other than through the means We provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of Our Materials through any automated, unethical or unconventional means.
iii. Engaging in any activity that disrupts or interferes with Our Materials, including the servers and/or networks to which Our Materials are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell Our Materials is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that We may directly or indirectly incur or suffer due to any unauthorized activities conducted by
You, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on the Websites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally We do not pre-screen or monitor the content posted by users of these various communication tools, which means that if You choose to use these tools to submit any type of content to Our Website, then it is Your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, You agree that You will not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- contains a virus or other harmful component,
- contains any type of unauthorized or unsolicited advertising;
- impersonates any person or entity, including any Monalisa Candles employees or representatives.
vii. We have the right at Our sole discretion to remove any content that We feel in Our judgment does not comply with these Terms, along with any content that We feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If You post content that We choose to remove, You hereby consent to such removal, and consent to waive any claim against Us.
- You may not:
- restrict or inhibit any other user from using and enjoying the Websites or Our services;
- act in any way that would damage, disable, overburden, or impair the Websites or its services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
iii. exploit any information or other material obtained on or through the Websites for commercial purposes;
- engage in spamming, flooding, harvesting of e-mail addresses or other personal information, "spidering," "screen scraping," "database scraping," or any other
activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Our cookies for purposes which are unrelated to Our services);
- attempt to gain unauthorized access to other computer systems through the Websites or obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Websites; or
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to the Websites, the Contents or Our services.
- Limitation of Warranties.
- By using the Websites, You understand and agree that all goods and Materials We provide are "as is" and "as available." This means that We do not represent or warrant to You that: i. the use of Our goods and Materials will meet Your needs or requirements. ii. the use of Our Materials will be uninterrupted, timely, secure or free from errors. iii. the information obtained by using Our Materials will be accurate or reliable, and iv. any defects in the operation or functionality of any Materials We provide will be repaired or corrected.
- Furthermore, You understand and agree that:
- any content downloaded or otherwise obtained through the use of Our Materials is done at Your own discretion and risk, and that You are solely responsible for any damage to Your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by You from Monalisa Candles or through any Materials We provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
iii. to the maximum extent permitted by applicable law and to the extent not covered under the applicable product warranty, Monalisa Candles expressly disclaims any and all warranties of any kind, whether express or implied, whether related to use of the Websites or its goods or services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by You from Our Website or through any Monalisa Candles product or service will create any warranty not expressly stated herein.
- Monalisa Candles does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the service or any hyperlinked website or service, and Monalisa Candles will not be a party to or in any way monitor any transaction between You and third-party providers of products or services.
- Registration and Passwords.
- In order to access Our Materials, You may be required to provide certain information about Yourself (such as identification, contact details, etc.) as part of the registration process, or as part of Your ability to use the Materials. You agree that any information You provide will always be accurate and up to date.
- The decision to register a password is in Our discretion and We may revoke Your password at any time.
- You are responsible for maintaining the confidentiality of the password and Your account information, and You are solely responsible for all activities that occur under Your password or account and for any access to or use of the Websites by You or any person or entity using Your password, whether or not such access or use has been authorized by You, and whether or not such person or entity is Your employee or agent.
- You must immediately notify Us of any unauthorized use of Your password or account or any other breach of security.
- We will not be liable for any loss or damage whatsoever resulting from the disclosure of Your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
- You are responsible for ensuring that the information We hold is up to date. Please amend Your details as appropriate from time to time or email firstname.lastname@example.org to notify Us of any changes.
- Monalisa Candles warrants to You that any goods purchased from Us through the Websites are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- In conjunction with the Limitation of Warranties as explained above, Our liability for any claim against Us is strictly limited to the purchase price paid by You. We are not responsible for indirect losses which are not foreseeable by You and Us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Monalisa Candles will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by You as a result of using Our Materials and/or goods, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if We have been advised of the possibility of such loss.
- This Section does not in any way limit or exclude Our liability:
- for death or personal injury caused by Our negligence;
- for fraud or fraudulent misrepresentation; or
iii. for any other matter for which it would be illegal for Us to exclude, or attempt to exclude, Monalisa Candles’ liability.
- Monalisa Candles is not liable for damages caused by Your misuse of the goods purchased. To avoid any harm or damages, please follow Our Standard of Care guidelines outlined in Section XXVII.
- You agree to indemnify, defend, and hold harmless Monalisa Candles and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with:
- Your use of and access to any products or services, or the Websites, including any
data or content transmitted or received by You;
- Your violation of any term of these Terms;
iii. Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
- Your violation of any applicable law, rule or regulation;
- any content that is submitted via Your account including without limitation misleading, false, or inaccurate information;
- Your willful misconduct; or
vii. any other party’s access and use of the Websites with Your unique username, password or other appropriate security code.
- The Websites may allow You to:
- purchase physical products;
- stream services to enable You to preview, listen to, and/or watch audiovisual content or other video tutorials online.
- Shipping and delivery dates for any and all so-called "limited edition" and/or "pre- order" sales of product(s) are not guaranteed unless otherwise specified.
- Returns and/or exchanges will never be accepted for so-called "limited edition" product(s). • Products on this Website are limited to the sizes, colors and variants listed on this Website. If a size or variant does not appear on this Website, it is currently unavailable.
- If We decide to offer any additional products on the Websites, such future products will also be covered by these Terms.
- Placing an Order.
- By placing an order through the Websites, You warrant that You are legally capable of entering into binding contracts; and You are at least eighteen (18) years old.
- Follow the onscreen instructions on the Websites to place an order.
- Items which You select for purchase will automatically be placed in Your "shopping cart." To remove an item from Your shopping cart, simply click on the "remove" (or similar) button next to the item as it appears in Your cart.
- Once You have pressed the "check out" (or similar) button, You will be asked to provide certain information to allow Us, or a service provider engaged by Us, to process Your order (including Your selected payment method and credit card, e-wallet or other payment details).
- We cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If You wish to cancel Your order and place a new order with different information, products or quantities, please follow the policy set out in Section XIV. Cancellation Policy.
- You will receive an order summary confirmation on screen and/or by email (as long as You have provided Us with a valid email address) acknowledging that We have received Your order – this does not mean that Your order has been accepted. Your order represents an offer to Us to purchase a particular item which is accepted by Us only when We send You an email ("Dispatch Confirmation") confirming that the particular good(s) has/have been dispatched.
- We may reject, modify or cancel Your order for any reason prior to shipping Your order. If We reject Your order after payment has already been taken, We will provide You with a refund in accordance with Section XVII. Refund Policy.
- Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. We are not liable for delays due to carrier, regardless of shipping method.
- Shipping delays will occur if an incorrect address is provided at the time of check out. We are not responsible for any lost packages due to Your provision to Us of an incorrect shipping address at the time of checkout. If the package containing the product(s) You ordered is returned to Us due to a shipping error, We will contact You via the email You provided with Your shipping information, for an updated address to send the product(s). If We do not receive a response within ten (10) business days of contacting You, We reserve the right to refund Your order.
- If You have ordered multiple items within a single order, We reserve the right to either: i. ship Your order once all goods become available to ship or
- to split Your order containing multiple items into multiple shipments (“Split Shipping”) at Our discretion.
- We may offer expedited shipping options (e.g., Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, Your items will ship together in a single shipment when all items become available to ship, or solely at Our discretion, We may split Your order into separate shipments, as items become available.
- PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the date the items are ready to ship from Our warehouse facilities. For preorders, expedited shipping is based upon when the preorder period is over, and the items are ready to ship. These timelines may vary. The timeline for a preorder will be available via the product page. You should read all product descriptions thoroughly for all applicable details and You should ensure You understand all preorder and shipping timelines prior to selecting Your shipping method.
- We will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of Our control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
- Monalisa Candles will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of Monalisa Candles, including without limitation, supplier delay, force majeure, act of God, labor unrest, pandemic/epidemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay
- Goods purchased will be at Your own risk of loss from the time of delivery. Ownership of the goods will only pass to You when We receive full payment of all sums due in respect of the products, including delivery charges.
- Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by Us or the relevant third-party supplier as appropriate.
- We will not be liable to You for failures, defects or delays in delivery caused by: i. Your provision of incorrect information;
- Your computer failing to meet the minimum technical requirements for Our services; iii. Your failure to comply with instructions for use of Our services; or
- an event which is outside of Our reasonable control.
XII. General Disclaimer for Offers & Discounts.
- Unless otherwise specified, product prices already reflect discounts.
- All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted.
- Offers are not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges.
- You, as the purchaser, must pay applicable sales tax. Only one promotional discount/coupon can be used per order.
- A promotional discount/coupon cannot be used in conjunction with any other offer or discount. Promotional discounts/coupons are non-transferable, not for resale, and not redeemable for cash.
- Offers are void where prohibited, taxed or otherwise restricted.
- Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer.
- Monalisa Candles reserves the right to withdraw, amend or cancel a discount offer at any time in its sole discretion.
- Other restrictions may apply.
- Offers only apply to the United States unless otherwise noted.
- Payment for goods and shipping where applicable must be made at the time the order is placed through the Website.
- We may accept some or all of a variety of payment options, including but not limited to Shop Pay, Apple Pay, or a Visa, MasterCard, Discover or AMEX debit or credit card. In all cases, the Contract between You and Monalisa Candles will not be completed, and delivery will not occur until We are satisfied that the payment has cleared.
- If the issuer of Your payment card refuses to authorize payment to Monalisa Candles, We will not be liable for any delay or non-delivery.
- All credit card transactions on this site are processed using a secure online payment platform, Shopify, that encrypts Your card and/or banking details in a secure host environment. Monalisa Candles does not hold any credit card details on Our Website or in Our customer database.
- By paying with Your credit or debit card, or any other payment method, You confirm that the card is Yours and that there are sufficient funds or credit available to cover the charges. • Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount and will be calculated and displayed on screen prior to You submitting Your payment details or finalizing Your order. Typically, the purchase will appear on Your credit card or bank statement under the name Monalisa Candles, or under the name of an applicable technology vendor (such as "Shopify"). If You have any questions about what to expect on Your credit card statement, please contact email@example.com.
- It is always possible that, despite Our best efforts, some of the items listed on the Websites may be incorrectly priced. We will usually verify prices as part of Our dispatch procedure so that, where a product’s correct price is less than Our stated price, We will charge the lower
amount when dispatching the product to You. If a product’s correct price is higher than the price stated on the Websites, We will usually, at Our discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. We are under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after We have sent You a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by You.
- Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of Your purchase or soon afterwards.
- We may use a third-party service provider to process payments, but will ensure that any payment processor engaged by Us will use security to encrypt credit or debit card data. • We will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, Your order will be delayed, and eventually a representative will contact You to verify Your information. Please contact firstname.lastname@example.org. with any questions related to Your order if You are notified it is flagged for fraud.
XIV. Cancellation Policy.
- Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, Orders can be cancelled up to 24 hours after they have been placed if the goods have not yet been shipped. To cancel Your order, please email Us at email@example.com with the subject line “Cancellation” as soon as possible, prior to receiving a Dispatch Confirmation.
- Damaged, Incorrect or Incomplete Orders.
- If Your order arrives damaged, incorrect or incomplete, please contact Us at firstname.lastname@example.org.
- If Your ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to Us. Once We receive the photographs, We will issue You a return label via email. Once the damaged product(s) is shipped back to Us, and We obtain possession of said product(s), We will either:
- provide You with replacement product(s), or
- provide You with a full refund, including a refund of the delivery charges for sending the item to You.
- If Your ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact Us notifying Us that You received incorrect product(s), We will issue You a return label via email. Once the incorrect product is shipped back to Us, and We obtain possession of said product(s), We will either:
- provide You with replacement product(s), or
- provide You with a full refund, including a refund of the delivery charges for sending the item to You.
- We will not provide return labels, nor be responsible for, any product that has been used.
XVI. Returns and Exchanges.
- We do not allow opened items to be returned for the safety of all of Our clients. • Please review Our return policy on the Websites (“Return Policy”) to get the most updated policy, as it is subject to change.
XVII. Refund Policy.
- If You cancel Your purchase of goods as detailed in Section XIV above, We will process the refund due to You as soon as possible.
- In the event that We have to cancel Your order after payment has been received from You, We will notify You of Our need to cancel Your order and supply You with a refund as soon as possible.
- We will attempt to process any refund using the same method originally used by You to pay for Your purchase. If You use a gift card to make Your purchase, or any other prepaid method, You may receive credit back to the applicable gift card or prepaid method; because of this, You are expected to keep any gift cards or prepaid methods pursuant to making a purchase to ensure You receive credit upon any refund.
XVIII. Opt-In Opt-Out Policy.
- Users of the Websites may access, amend or delete any data that Monalisa Candles holds at any time via email at email@example.com.
XIX. International Orders; Import Duty.
- Goods ordered from the Websites for delivery outside the United States may take up to eight (8) weeks from the ship date to arrive at the designated destination.
- Goods ordered from the Websites for delivery outside the United States may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, You shall be responsible for any local pickup or specified delivery with Your local postal service. We
have no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order.
- You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by You of any such laws.
- We may, in Our sole discretion, suspend or terminate Your password, account (or any part thereof, if any) or access to all or part of Our Website and Materials with or without notice and for any reason, including, without limitation, if (i) You are in breach of these Terms; or, (ii) if We believe, in Our absolute sole discretion, that Our services or Materials are unsuitable.
- Termination, suspension or cancellation of Your access rights shall not affect any other right
or relief to which We may be entitled, at law or in equity.
- Upon termination, all rights granted to You under these Terms will automatically terminate and immediately revert to Us and Our licensors (save for any continuing rights which You may have in connection with products which You have purchased from the Websites).
- Upon suspension or termination, Your right to use the Materials We provide will immediately cease, and We reserve the right to remove or delete any information that You may have on file with us, including any account or login information.
- Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
XXI. Transfer Rights and Obligations.
- The agreement between You and Monalisa Candles created by these Terms (the "Agreement") is binding on You and Monalisa Candles and on Our respective successors and assigns.
- You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without Our prior written consent.
- We may transfer, assign, charge or sub-contract the Agreement, or any of Our rights or obligations arising under it, at any time during the term of the Agreement, provided that We remain primarily liable for Our obligations under the Agreement where applicable.
XXII. Events Outside Our Control.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable efforts to find a solution by means of which Our obligations may be performed despite such event.
XXIII. Dispute Resolution.
- We aim to help You with any queries or complaints You may have with the services and products We provide. Email Us at firstname.lastname@example.org with any questions or issues.
- In the event of a dispute, you or the Parties must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the "Notices and Contact Information" below.
- We will send any notice of dispute to you at the contact information we have for you. • You and the Parties agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of sixty (60) days. If you and the Parties do not resolve the dispute in such 60-day time period, then you or the Parties may commence litigation. All matters relating to the Websites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
- Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Websites
shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of HILLSBOROUGH, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
- These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and Monalisa Candles and supersede and extinguish any prior understandings, agreements or terms between You and Us.
- Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between You and Monalisa Candles.
- The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
- No breach by either You or Monalisa Candles of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
- No failure to exercise and no delay on Our part in exercising any of Our rights, remedies, powers or privileges under these Terms and no course of dealing between You and Monalisa Candles shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on Our part.
- These Terms shall be binding on and endure for the benefit of each Party’s successors in title. • The views and opinions expressed on the Websites do not necessarily reflect those of Monalisa Candles and its Affiliates.
XXV. Governing Law.
- By visiting or using the Services, You agree that all matters relating to the Websites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Florida, without regard to the principles of conflicts of laws, will govern Your use of the Services, and these Terms and all matters relating to Your access to and/or use of the Services, including all disputes between You and Us and/or any of the Parties and/or the related parties.
- Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of Hillsborough although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, THESE TERMS, THE WEBSITES AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
- Applicable laws require that some of the information or communications Monalisa Candles sends to You should be in writing. When using the Websites, You accept that communication with Us will be primarily communicated electronically. We will contact You by email or provide You with information by posting notices on the Websites. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
- All legal notices given by You to Us must be given to Us at the address set out below or the following email address: email@example.com. We may give notice to You at the email or postal address You provide to Us when placing an order or registering with the Websites, or by posting the notice on the Websites. Notice will be deemed received immediately when posted on the Websites, twenty-four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
- If You have any queries about these Terms, the Websites or any of Ourservices please contact: firstname.lastname@example.org.
- Our notice address is:
Monalisa Candles LLC
XXVII. Standard of Care.
Monalisa Candles, LLC shall not be liable for any physical injury or damage caused from lack of care or attention, and/or misuse of the Products; such injury or damage includes, but is not limited to, any physical injuries, damage to any property stemming from any fires, burns, smoke damage. Monalisa Candles shall not be responsible for any injuries, damages or losses of any kind due to your use of any product purchased from Monalisa Candles. In any case, our maximum liability to you is the amount you paid for the product.
Although candles bring relaxation and comfort, their open flame can be hazardous when not monitored properly. To properly care for Your candle, please read and follow Our guidelines outlined for You below. Your purchase from Monalisa Candles signifies your acceptance of these Terms and policies.
- How to burn Your candle.
- Light Your candle in a well-ventilated room, away from drafts, fans, vents, or air currents, which can cause sooting (black marks on the vessel), or rapid, uneven burning, and excessive dripping.
- Burn regular-sized candles for one and a half to two hours at a time or until the wax has pooled to the edges. Burning for less time can cause the candle to ‘tunnel,’ which leaves a build-up of wax around the vessel’s sides and can reduce the maximum burn
time. Burning for longer periods (over four hours) can cause the wick to move, or slant.
iii. Make sure You stop burning Your candle when 10mm of wax remains at the bottom, keeping an eye on a burning candle when the wax is low.
- Never leave a burning candle unattended or lit while sleeping. If you are going to leave the room or go to bed, extinguish all candles first. Make sure there is no glow coming from the wick ember.
- Never touch or move a burning candle. Never move a candle container when the wax is liquidized.
- Don’t burn a candle all the way down.
vii. If burning multiple candles, place each candle at least 3 inches apart from one another, to ensure they don’t melt one another or create their own drafts.
viii. Extinguish a candle if the flame becomes too high or flickers repeatedly. Before re lighting, let the candle cool, trim the wick, and check for unwanted drafts. ix. Use extra caution when burning candles during a power outage. Battery-powered lights like flashlights are much safer sources of light during a power failure. x. Never burn a candle on anything that is moving, such as a car, or on or near, anything that can catch fire. Keep burning candles away from furniture, drapes, bedding, carpets, books, paper, flammable decorations, etc.
- Keep candles out of the reach of children or pets. Do not place lit candles where they can be knocked over by children, pets, or anyone else.
- How to care for wicks.
- Keep the wax pool clear of wick trimmings and matches, as debris in the wax can act as a secondary wick, encouraging Your candle to burn faster.
- After extinguishing the flame with a snuffer, center and straighten the wick. Burning for long can cause the wick to move, or slant. If you see a flaming wick, come close to the vessel wall, extinguish the flame and straighten the wick to prevent the vessel from cracking.
iii. Long, or crooked wicks can create high flames, smoking, or sooting. Trimming the wick to 5mm (when the wax has set) following every burn is the easiest way to prevent this.
- How to extinguish.
- Use a candle snuffer to extinguish a candle, if available, as it’s the safest way to prevent hot wax from splattering.
- Do not use water to extinguish a candle, this can cause the hot ax to splatter and could break a glass container.
iii. Make sure Your candle is completely out before you leave the room. There should be no glow coming from the wick ember.
- Do not touch or move the candle until it is completely cooled.