Terms and Conditions
Agreement between User and https://BrogsdaleCandles.com
Welcome to https://BrogsdaleCandles.com. The https://BrogsdaleCandles.com website (the “Site”)
is comprised of various web pages operated by Brogsdale Candles. https://BrogsdaleCandles.com
is offered to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the “Terms”). Your use of https://BrogsdaleCandles.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
https://BrogsdaleCandles.com is an E-Commerce Site.
Brogsdale Candles provide scented soy blend candles and scented wax melts and home
fragrances.
Electronic Communications
Visiting https://BrogsdaleCandles.com or sending emails to Brogsdale Candles 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.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Brogsdale Candles is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Brogsdale Candles and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Brogsdale Candles does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use https://BrogsdaleCandles.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
Refund must be requested within 7 days of purchase if you are not satisfied with your order. Item
must be unused and returned in original container. All refund requested must be made be emailing
Brogsdale Candles at BrogsdaleCandles@gmail.com. You will receive an email as to where to
send your return to. For damage items a photo of the item inside the original shipping box will be
required. The photo must be sent to BrogsdaleCandles@gmail.com. You will receive an email
back as to what to do with the damage item.
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Only items purchased from https://BrogsdaleCandles.com are available for return. Brogsdale
Candles will not accept refund for items that was purchased at a participating vendor. For items
that was purchased at a participating vendor that items must be brought back to that vendor.
Please not that participating vendor may have their own return policy.
Links to Third Party Sites/Third Party Services
https://BrogsdaleCandles.com may contain links to other websites (“Linked Sites”). The Linked
Sites are not under the control of Brogsdale Candles and Brogsdale Candles 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. Brogsdale Candles is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by Brogsdale Candles of
the site or any association with its operators.
Certain services made available via https://BrogsdaleCandles.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
https://BrogsdaleCandles.com domain, you hereby acknowledge and consent that Brogsdale
Candles may share such information and data with any third party with whom Brogsdale Candles
has a contractual relationship to provide the requested product, service or functionality on behalf of
https://BrogsdaleCandles.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://BrogsdaleCandles.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to Brogsdale Candles that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Brogsdale Candles or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Brogsdale Candles content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Brogsdale Candles and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Brogsdale Candles or our licensors except as expressly authorized
by these Terms.
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Third Party Accounts
You will be able to connect your Brogsdale Candles account to third party accounts. By
connecting your Brogsdale Candles account to your third party account, you acknowledge and
agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Brogsdale Candles 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 Brogsdale Candles Content
accessed through https://BrogsdaleCandles.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Brogsdale Candles, 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.
Brogsdale Candles 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 Brogsdale Candles in asserting any available defenses.
Arbitration
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 arbitrator’s
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
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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 Brogsdale Candles 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. BROGSDALE CANDLES AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BROGSDALE CANDLES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
BROGSDALE CANDLES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BROGSDALE CANDLES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BROGSDALE CANDLES OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
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WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Brogsdale Candles 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 New Jersey and you
hereby consent to the exclusive jurisdiction and venue of courts in New Jersey 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 Brogsdale Candles as a result of this agreement or use of the Site. Brogsdale Candles’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Brogsdale Candles’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 Brogsdale Candles 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Brogsdale Candles with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Brogsdale Candles 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.
Changes to Terms
Brogsdale Candles reserves the right, in its sole discretion, to change the Terms under which
https://BrogsdaleCandles.com is offered. The most current version of the Terms will supersede all
previous versions. Brogsdale Candles encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Brogsdale Candles welcomes your questions or comments regarding the Terms:
Brogsdale Candles
258 E Washington Ave.
Washington,, New Jersey 07882
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Email Address:
BrogsdaleCandles@gmail.com
Telephone number:
(862) 432-8981
Effective as of January 08, 2024
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