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Terms of Service

Last Updated: July 29, 2025

Welcome to Cosmic Candles! These Terms of Service ("Terms") govern your access to and use of the Cosmic Candles website (www.cosmiccandleshop.bigcartel.com, the "Website"), products, and services. By accessing or using our Website or purchasing our products, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or purchase our products.

1. General Conditions

  • Acceptance of Terms: By placing an order with Cosmic Candles, you warrant that you are at least 18 years of age or are visiting the Website under the supervision of a parent or guardian.
  • Modifications: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.
  • Service Availability: We reserve the right to refuse service to anyone for any reason at any time.

2. Products and Services

  • Product Descriptions: We strive to ensure that product descriptions and images on our Website are accurate. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered by Cosmic Candles is not as described, your sole remedy is to return it in unused condition.
  • Pricing: All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. Applicable taxes will be added to the price of products as required by law.
  • Availability: All products are subject to availability. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction.
  • Colours: We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  • Custom Orders: Any custom orders or special requests are subject to specific agreements and pricing, which will be communicated and agreed upon before order fulfillment.

3. Order Process and Payment

  • Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Cosmic Candles reserves the right at any time after receipt of your order to accept or decline your order for any reason.
  • Payment: We accept various forms of payment as indicated on our Website. 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.
  • Security: All payment transactions are processed through secure third-party payment gateways. We do not store your full credit card details.

4. Shipping and Delivery

  • Shipping Policy: Please refer to our separate Shipping Policy page (link in footer) for detailed information on shipping methods, costs, delivery times, and international shipping.
  • Risk of Loss: The risk of loss and title for items purchased from Cosmic Candles pass to you upon our delivery to the carrier.
  • Delays: We are not responsible for shipping delays caused by carriers, customs, or unforeseen circumstances.

5. Returns and Refunds

  • Return Policy: Please refer to our separate Refund & Return Policy page for detailed information on our return eligibility, process, and refund procedures.
  • Damaged Goods: If your order arrives damaged, please contact us immediately at cosmiccandle[email protected] with photographic evidence.

6. User Conduct

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Terms will result in an immediate termination of your Services.

7. Intellectual Property

  • All content on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cosmic Candles or its content suppliers and protected by Canadian and international copyright laws.
  • The Cosmic Candles name and logo are trademarks of Daniel Lebitsching. You may not use these trademarks without our prior written permission.

8. Privacy Policy

  • Your submission of personal information through the store is governed by our Privacy Policy (link in footer). Please review our Privacy Policy for details on how we collect, use, and protect your personal data.

9. Disclaimer of Warranties; Limitation of Liability

  • We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  • We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall Cosmic Candles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

  • You agree to indemnify, defend, and hold harmless Cosmic Candles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. Severability

  • 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.

12. Termination

  • 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).

13. Governing Law

  • These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

14. Contact Information