The Candlemaker's Store

Terms and Conditions

All sales are based on the following Terms and Conditions

 No Minimum Orders,
Less than full case orders accepted, Actual shipping charged, minimal handling charge, based on the size of box used to ship your items.

 How to Order and Payment Types
You can place an Internet Store order, E-mail (Contact Us), Fax (513-868-5000) or Call-in. Internet orders are processed first as they automatically go into our production/packaging que as they are recived, 24 hours per day. Therefore if you are in need of prompt shipping, an Internet Order will expedite your order. We accept Visa, MasterCard, Discover, American Express, Debit Cards, and PayPal. When you checkout, the payment type of your choice will be preapproved but not charged. We will send the charge through after we have verified the items have shipped, and the shipping is correct. You will in some systems receive an e-mail with the approved total first, then possibly a corrected lower total when we actually charge your card. We only capture the funds 1 time, even if you receive 2 e-mails as described above.

 Stock
All items listed are in stock in reasonable quantities and ready for shipment within 1 to 2 business days. Large volumes of orders sometimes deplete our inventory, in such case we will notify you of the anticipated shipping date of the balance of your order. If you have need for larger amounts or truckload quantities shipped for fundraisers or to meet your production schedules please let us know so we will have sufficient quantities marked specifically for your use.

 Backorders
Items not in stock will not be put on back order status unless you tell us differently. Check your online account for the status of any backordered item.

 New Products
If you need something you do not see in our inventory, let us know. We will stock what you need if we can get first quality product at a better price than you pay now.

 Samples, Returns & Credits
We cater to the smaller orders and sample purchases that the large manufacturers do not want, as well as skid load and full truckload quantities. We have packaged our products in very small quantities so you will have the opportunity to sample each product we offer with very little cost to you. We suggest that you take full advantage of our policy. Feel free to sample the products that interest you in very small quantities. This will keep you from ordering a large amount of something you do not want and would need to return.
If within 30 days of the invoice date you must return a Non Fragrance or Dye item, FIRST notify us via e-mail, fax or telephone, and ship to us freight prepaid for a store credit. A Restocking charge of 25% will be deducted from the price of the item returned, and that total can be used towards your next purchase. All Returns must occur within thirty (30) days and no returns will be processed if later than 30 days from invoice date.Returned items must be in original packaging and in resellable condition. Insure your returns in case of damage. We are not responsible for damages due to return shipping. Due to purity concerns, we cannot resell fragrances or dye, this is why we can not accept them as credit in any return.

 Currency
All payments must be in US Dollars.

Additional - Terms and conditions of sale

1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO, NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
2. Changes Orders arising hereunder may be changed or amended only by written agreement signed by both Buyer and Seller setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery. Buyer may not cancel this order unless Seller expressly agrees to such cancellation in writing. In such event, Seller will advise Buyer of the total charge for such cancellation, and buyer agrees to pay such charges, including but not limited to, storage and shipment costs, costs of packaging, costs of producing a non standard product, costs of purchasing non- returnable materials, cancellation costs imposed on Seller by its suppliers, and any other cost resulting from cancellation of this order by Buyer which is permitted by Seller. Certification of such costs by Sellers Independent Public Accountants shall be conclusive on the parties hereto.
3. Delivery, claims, and delays - All sales are FCA Sellers shipping point unless otherwise noted. If Shipping and Handling charges are quoted or invoiced, they may include charges in addition to actual freight costs. Delivery of the goods to the carrier at Sellers shipping point shall constitute delivery to Buyer and Buyer shall bear all risk of loss or damage in transit. The general method of shipment for each item is listed in Sellers catalog, However, Seller reserves the right, in its discretion to determine the exact method of shipment. Seller reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of Buyers obligations to accept remaining deliveries. Immediately upon Buyer's receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller's written instructions concerning disposition. If Buyer shall fail to so notify Seller within five days after Buyer has received the goods, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer. Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver, or otherwise perform hereunder due to any cause beyond Seller's reasonable control, including without limitation, unsuccessful reactions, power outages, act of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Seller's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes, or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies, or power at current prices.
4. Allocation of Goods If Seller is unable for any reason to supply the total demands for goods specified in Buyer's order, Seller may allocate its available supply among any or all Buyers on such basis as Seller may deem fair and practical without liability for any failure of performance which may result wherefrom.
5. Payment Terms of sale are net due paid before shipping, payable in US funds. We accept Visa, MasterCard, Discover, American Express, Debit Cards, and PayPal. Orders can be placed online, by telephone, fax, or mailed to our address with payment. If the financial condition of the Buyer results in the insecurity of the Seller, the Seller may, without notice to Buyer, delay or postpone the delivery of products, and Seller at its option is authorized to change the terms of payment in advance of shipment if the Seller deems necessary. In the event of default by Buyer in the payment of the purchase price or otherwise of this or any other order, Seller at its option without prejudice to any of seller's remedies, may defer delivery, cancel this order, or sell any undelivered products on hand of the account of Buyers and apply such proceeds as a credit without set-off or deduction of any kind against the purchase price or balance due, and buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including but not limited to, reasonable attorney and accounting fees and other expenses of collecting resulting from default by Buyer in any and all terms and as included above.
6. Taxes and other charges Seller assumes its products will be used in and part of additional manufacturing or assembly, processed, repackaged or relabeled, and sales are considered wholesale only. No taxes are charged or imposed on its products because of these assumptions. This paragraph serves the purpose of submitting a tax exemption certificate on behalf of your company or yourself personally for one of the following non-taxed use requirements as listed above. If however at any time now, or in the future, any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer, it shall be paid by Buyer in addition to the prices quoted or invoiced. In the event the Seller is required to pay any such tax, fee, or charge, Buyer shall reimburse Seller therefore: or, in lieu of such payment, Buyer shall provide Seller at that time an exemption certificate or other document acceptable to the authority imposing the tax, fee, or charge, to cover the total sale price of the invoices in question.
7. Warranties Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Sellers online catalog or other approved literature. THIS WARRANTY IS EXCLUSIVE AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller does not warrant that its products will be compatible with Buyers products or produce the desired results when combined with Buyers products. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, at its sole discretion, that Buyer has misused the products in any matter, has failed to use the products in accordance with industry standards and practices, or has failed to use the products with instructions if any, furnished by Seller. Sellers sole and exclusive liability and Buyers exclusive remedy with respect to products proved to Sellers satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price in Sellers sole discretion, upon the return of such products in accordance with Sellers instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING WITHOUT LIMITATION, LIABILITY FOR LOSS OFUSE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUEOR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE, OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY ORPROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLERS GROSS NEGLIGENCE. All claims must be brought within one (1) year of shipment, regardless of their nature.
8. Compliance with laws, regulations Seller certifies that to the best of its knowledge its products are produced in compliance with applicable requirements of the Fair Labor Standards Act, as amended, and the Occupational Safety and Health Standards Act of 1970 and regulations, rules and orders issued pursuant thereto.
9. Buyers use of products Seller's products are intended for use in manufacturing, to be repackaged, relabeled, or used as a material or component of another finished product. Unless otherwise stated on product labels in Sellers literature or online catalog furnished or available to Buyer, Sellers products are not to be used for foods, drugs, medical devices, or cosmetics for humans or animals. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, medical device, cosmetic, commercial, or any other use unless otherwise stated in Sellers literature furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly and safely, test, store, use, manufacture and market any products purchased from Seller and/or materials produced with products purchased from Seller in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. Buyer further warrants to Seller that any material produced with products from Seller shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under sections 404, 505, or 512 of the Act be introduced into interstate commerce. Buyer assumes responsibility to assure that the products purchased from Seller are approved for use under TSCA, if applicable. Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from Seller. Buyer also has the duty to warn Buyers customers and any auxiliary personnel (such as freight handlers etc) of any risks involved in using or handling these products. Buyer agrees to comply with instructions, if any, furnished by Seller relating to the use of the products and not misuse the products in any manner. If the products purchased from Seller are to be repackaged, relabeled, or used as starting materials or components in other products, Buyer will verify Sellers assay of the products. No products purchased from Seller shall unless otherwise stated, be considered to be foods, drugs, medical devices, or cosmetics.
10. Buyers Representations and Indemnity Buyer represents and warrants that it shall use all products ordered herein in accordance with paragraph No 9 "Buyers use of Products", and that any such use of products will not violate any law or regulation. Buyer agrees to indemnify and hold harmless Seller, its employees, agents, successors, officers and assigns from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence. Breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer's customers, by end users, by auxiliary personnel, (such as freight handlers etc) or by other third parties, arising out of, directly or indirectly, the use of Sellers products, or by reason of Buyer's failure to perform its obligations contained herein. Buyer shall notify Seller in writing within fifteen (15) days of Buyers receipt of acknowledge of any incident, or incident involving Sellers products which results in personal injury or damage to property, and Buyer shall fully cooperate with Seller in the investigation and determination of cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others. The furnishing of such information to Seller and any investigation by Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by Seller.
11. Patent Disclaimer, Trademarks and Copyrights Seller does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or other Patents covering the product itself or the use thereof in combination with other products or in the operation of any process. Buyer acknowledges that it has no right, title, license, or interest in the Trademarks, Copyrights or other intellectual property rights in any of Seller's products. Buyer covenants that it will take no action to register or otherwise interfere with such rights. The names, trademarks, logos, designs, and trade dress associated with any samples or products delivered to Buyer are owned by Seller and are protected by the trademark laws and other laws of the U.S. and other Jurisdictions.
12. Returns Goods may not be returned for credit except with Sellers permission, and then only in strict compliance with Sellers return shipment instructions. Any returned items will be subject to a 25% restocking fee (see separate section for returns) All returns must occur within 30 days of the Invoice date.
13. Technical Assistance At Buyers request Seller may at Sellers discretion furnish technical assistance and information with respect to Sellers products, or a problem the Buyer may be inquiring about concerning a product purchased elsewhere. SELLER MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO TECHNICAL ASSISTANCE OR INFORMATION PROVIDEDBY SELLER OR SELLERS PERSONNEL. ANY SUGGESTIONS BY SELLER REGARDING USE, SELECTION, APPLICATION OR SUITABILITY OF THE PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN WRITINGSIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVEOF SELLER.
14. Miscellaneous Sellers failure to enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of Sellers right to strictly enforce such terms or conditions or exercise such right hereafter. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies Seller may have at law or equity. Any waiver of a default by Buyer hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legally and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only, they form no part of the terms and conditions and shall not affect their interpretation. This agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto, and their respective heirs, personal representatives, successors and assigns. Other terms and conditions may apply, without limitation.
15. Governing Law All disputes as to the legality, interpretation, application or performance of this order or any of its terms and conditions shall be governed by the Laws of the State of Ohio and its principles.