Terms of Use
This website is operated by Ephacandle. Throughout the site, we use the terms "we", "our", and "us" to refer to Ephacandle. This website, including all information, tools, and services available from it, is offered by Ephacandle to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from our company, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms", "Terms of Use"), including those terms, conditions, and policies referenced herein and/or accessible by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are visitors, suppliers, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing any part of the Site or using it, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each of the new tools or features added to this store is also subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting the updates and/or changes on our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access or use the website after those changes are posted, you agree to be bound by them.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1 – TERMS OF USE OF THE ONLINE STORE
By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province, or state and have given us permission to allow any minor under your care to use this site.
You must not use our products in any way for illegal or unauthorized purposes, nor violate the laws of your jurisdiction when using the Service (including, but not limited to, copyright laws).
You must not transmit computer worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (except for information related to your credit card) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to comply with and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The titles used in this agreement are included for informational purposes only and shall not limit or affect these Terms in any way.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information provided on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general information purposes only and should not be considered or used as the sole basis for decision-making without consulting more important, accurate, complete, or current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update the information it contains, whatever it may be. You acknowledge that it is your responsibility to monitor changes made to our site.
SECTION 4 – SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right to modify or terminate the Service (or any part of it) at any time and without notice.
We cannot be held liable to you or any third party for any price changes, or for any modification, suspension, or interruption of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online through the website. The quantities of these products or services may be limited, and their return or exchange is strictly subject to our Return Policy.
We have strived to present the colors and images of the products in the store as accurately as possible. However, we cannot guarantee the accuracy of color display on your computer screen.
We reserve the right, without being obligated to do so, to limit the sale of our products or Services to any person, geographic region, or given jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any offer of product or service on this site is void where prohibited by law.
We do not guarantee that the quality of the products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you via the email address and/or billing address or phone number provided at the time of order. We reserve the right to limit or prohibit orders that we believe have been placed by traders, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you if necessary.
For more information, please consult our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide you access to these tools "as is" and "subject to availability," without any warranty, representation, or condition of any kind and without any endorsement. We cannot be held responsible for anything that may result from or be related to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your discretion and at your own risk. Furthermore, it is your responsibility to inquire about the conditions under which these tools are provided by the relevant third-party provider(s) and to accept these conditions.
It is also possible that in the future, we may offer new services and/or new features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LIENS
Some content, products, and services accessible through our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or other content, products, or services from third-party sources.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction related to these third-party websites. Please carefully read the policies and practices of these third parties and make sure you fully understand them before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media all comments you submit to us. We are not and shall not be obligated (1) to keep comments confidential; (2) to compensate anyone for any comment provided; or (3) to respond to comments.
7. We may, but are not obligated to, remove content and Accounts containing content that we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates a party's intellectual property or these Terms of Use.
You agree that your comments must not in any way infringe on the rights of third parties, including copyrights, trademarks, privacy, personality rights, or any other personal or intellectual property rights. You further agree that your comments must not contain any illegal, defamatory, or obscene elements, nor any computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties about the origin of the comments. You are solely responsible for all comments you make and their accuracy. We disclaim all liability for comments posted by you or a third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
There may sometimes be, on our site or in the Service, information containing typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping fees, delivery times, and product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information, or even cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not required to update, modify, or clarify the information provided in the Service or on any related website, including but not limited to pricing information, unless required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information offered in the Service or on any related website has been changed or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions stated in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes; (b) to encourage others to commit illegal acts or participate in them; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track others' personal information; (i) to spam, phish, hijack a domain, extort information, crawl, explore or sweep the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating usage prohibitions.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or declare in any case that your use of our Service will be uninterrupted, secure, without delay, or error-free.
We do not guarantee that the results that could be obtained using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service as well as all products and services provided to you through it are (unless expressly stated by us) provided "as is" and "subject to availability" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or fitness for a particular purpose, durability, title, and non-infringement.
Ephacandle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any service or product utilizing it, or any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or any losses or damages arising from the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold Ephacandle and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any laws or rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is found to be illegal, null, or unenforceable, that provision shall nevertheless be applied to the fullest extent permitted by law, and the unenforceable part shall be considered severed from these Terms of Use, without this judgment affecting the validity and enforceability of the other provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities undertaken by the parties before the termination date shall remain in effect after the termination of this agreement, and this, for all purposes.
These Terms of Use will remain in effect unless and until they are terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge or suspect, at our sole discretion, that you do not comply or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain responsible for all amounts due up to the termination date (inclusive), as a result of which we may deny you access to our Services (or part of them).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce a right or provision of these Terms of Use does not constitute a waiver of that right or provision.
These Terms of Use or any other policy or operating rule that we publish on this site or that concerns the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They replace all prior and current agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, any previous version of the Terms of Use).
Any ambiguity regarding the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms of Use, along with any separate agreement by which we provide you the Services, are governed and interpreted under the laws of rue des Mayeurs, 4, Poucet, Liège, 4280, Belgium.
ARTICLE 19 – CHANGES TO THE TERMS OF USE
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting the updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access or use our website and the Service after those changes are posted, you agree to the revised Terms of Use.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the Terms of Use should be sent to us at hello@ephacandle.com.
