Terms & Conditions
This website domain is owned and operated by Damon Phelps of Shadowflame Creations. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors hand crafted candles, wax melts, candle additions, diffusers, diffuser refills, incense, original artworks, and prints of original artworks along with other items. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
1. User Accounts & Community Posts
Shadowflame Creations offers a user community. Creation of a User Account gives such user a profile which is public and able to be viewed by other users and site visitors. Public activity such as posts, comments, and the like will be visible by other members and visitors of the site. You agree by creating a user account that these terms are acceptable. If a user does not agree to their post content being visible, or their profiles being visible, you are able to opt-out and exit the community. Upon doing so, the users profile will not be publicly visible, nor will the user be able to use the community features at that time.
Shadowflame Creations will not tolerate hate speech, derogatory comments, bullying, or unsolicited advertisements in comments or within User Accounts.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time.
In order to use our website and/or receive our services, you must be at least of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction, including but not limited to copyright laws.
2. Purchase of Items
When buying an item, you agree that:
1. You, the purchaser, are responsible for reading the full item listing before making a commitment to buy it.
2. You, the purchaser, enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
3. For international shipments - you, the purchaser, agree to the responsibility for VAT expenses, tariff's, and other such international import fees. This note is included in the checkout cart section as well to inform international buyers that Shadowflame Creations is not responsible for these fees.
4. Shadowflame Creations uses USPS, UPS, and Fedex for shipments of orders. We will not use any third party shipping organizations or customer supplied shipping organizations or accounts.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
If at any time Shadowflame Creations issues a subscription box or set, the fee for the services/subscription and any other charges you may incur in connection with your use of the service/subscription, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method on file. If the payment method on file is invalid at the time of processing, the service/subscription will be terminated until a new payment method has been submitted.
Shadowflame Creations will not ship product until the payment has been deemed valid and has cleared.
Should you contact Shadowflame Creations for Wholesale requests the prices will vary depending on the quantities being considered by the wholesaler. A wholesale agreement will be negotiated between the wholesaler and by Shadowflame Creations LLC. Prior to agreeing to wholesale, Shadowflame Creations will request the wholesalers DR-13 to ensure the wholesaler is authorized to resale products tax exempt. If the wholesaler cannot provide this document prior to release of products, Shadowflame Creations will include sales tax as applicable on goods released to the Wholesaler. Payment will be required prior to release of product to the Wholesaler.
4. Returns/Exchanges/Damaged Shipments
Shadowflame Creations does not accept returns of product that has been delivered. If a product has been damaged in transit to the purchaser or intended destination, proof of damage must be submitted within 10-15 days of the recorded receipt. This should include photographic evidence of proof of damages. Proof of damage can be submitted to firstname.lastname@example.org for processing with the order ID so we may process a replacement shipment for the damaged goods.
5. Shipping Addresses
It is the customer/purchaser's responsibility to confirm shipment information when entering it during the ordering process. Shadowflame Creations will not be responsible for incorrectly recorded shipment information provided. If an address is not registering when it is time to ship the product, we may reach out to the purchaser for confirmation.
6. Changes of Services/Products
Shadowflame Creations may, without prior notice, change the services/products; stop providing the services/goods or any features of the services/goods we offer; or create limits for the services/goods. We may permanently or temporarily terminate or suspend access to the services/goods without notice and liability for any reason, or for no reason.
7. Intellectual Property Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Damon Phelps unless otherwise noted or credited. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, adapt, edit, or create derivative works thereof. All rights remain with the original content creator for artworks purchased from Shadowflame Creations.
8. Sharing of Content
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
9. Termination of Accounts
We may permanently or temporarily terminate or suspend your access to the site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
10. Liability Statements
You agree to indemnify and hold Damon Phelps harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Damon Phelps, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Damon Phelps assumes no liability or responsibility for any:
1. Errors, mistakes, or inaccuracies of content.
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and
3. Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
11. Right to Modify
We reserve the right to modify these terms from time to time at our discretion. Therefore, you should review these pages periodically. We will notify users if applicable changes are made to these Terms. Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.