CONDITIONS OF USE
AGREEMENT TO TERMS
PROPERTY RIGHTS (COPYRIGHT)
The Desert Phoenix Candle Co., desertphoenixcandles.com, Desert Phoenix Candle Co. logo, may not be used without prior written consent. All images and text, and all the custom graphics and designs are service marks, trademarks and/or trade dress of Desert Phoenix Candle Co.
Source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this site and the trademarks, service marks, and logos contained therein are property of Desert Phoenix Candle Co. and is protected by the state and federal laws and regulations of the United States and International copyright laws.
The compilation of all contents of this website are provided “as is” for your information and personal use only. Content may be used solely for the purpose of, on in connection with, placing an order or shopping with Desert Phoenix Candle Co. No part of the site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We at Desert Phoenix Candle Co. respect the intellectual property rights of others. If you believe that any material available on or through this site infringes upon any copyright you own or control, please immediately notify us through our contact page.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by this site infringes your copyright, you should consider first contacting an attorney.
If you provide any information that is untrue, inaccurate, no current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this site.
You can choose to register with this site. In doing so you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices are subject to change.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on this site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display many not accurately reflect the actual colors and details of the products.
PURCHASES AND PAYMENTS
Desert Phoenix Candle Co. accepts PayPal, Visa, Mastercard, Discover and Amex. You agree to provide current, complete, and accurate purchase and account information for all purchases made via this site. You further agree to promptly update account payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by United States and local tax laws. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the price listed and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
Desert Phoenix Candle Co. reserves the right to refuse any order placed through this site. We may, in our sole, discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or order that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole, judgement, appear to be placed by dealers, resellers, or distributors.
REFUNDS & RETURNS
At Desert Phoenix Candle Co., all our products are carefully inspected before they are shipped. Due to the nature of our products, we do not offer refunds or accept returns. However, we will replace, or refund products damaged during shipment if documented proof of purchase and photographic proof of the damaged and/or defective item is provided within 14 days of the date of delivery.
Replacement and/or refund requests must be sent to firstname.lastname@example.org. In the event of a refund, it will be issued to the payment method used at the time of purchase. We also do not refund the original shipping and handling that you paid on the order.
GUIDELINES FOR REVIEWS
Desert Phoenix Candle Co. may provide you areas on this site to leave reviews or ratings. When posting a review, you must comply with the following criteria. 1) You should have firsthand experience with the item being reviewed; 2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 4) your reviews should not contain references to illegal activity; 5) you should not be affiliated with competitors if posting negative reviews; 6) you should not make any conclusion as to the legality of conduct; 7) you may not post any false or misleading statements; 8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, full-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
THIRD-PARTY WEBSITES & CONTENT
Desert Phoenix Candle Co.’s may contain links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.
Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Desert Phoenix Candle Co., and we are not responsible for any Third Party Websites accessed through this site or any Third-Party content posted on, available through, or installed from this site, including the content, accuracy, offensives, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or their content.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites and you shall hold us liable from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party content or any contact with Third-Party websites.
TERM & TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
By using this website, you expressly agree that your rights and obligations and any dispute of any sort that might arise between you and Desert Phoenix Candle Co. shall be governed by and interpreted in accordance with the laws of the State of Nevada, without regard to principles of conflict of laws.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Desert Phoenix Candle Co. is provided on an “as-is” and “as-available” basis. You agree that your use of this site and services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof. Including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.