Terms of Service

Welcome to Brooklyn Candle Studio!  Throughout the site, the terms “BCS”, “we”, “us” and “our” refers to Blue Crane Studio, LLC, DBA Brooklyn Candle Studio.  We offer this website, including all information, tools and services available from this site 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 us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Service or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Our Services

a. Products.  All features, content, availability, specifications, products and prices of products described or depicted within the Services are subject to change at any time without notice. Certain products may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy. The inclusion of any products at a particular time does not imply or warrant that these products will be available at any time. 

b. Accuracy of Content.  Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products and ensure that information is complete, accurate and up-to-date. Despite our efforts, the information provided within the Services may occasionally be inaccurate, incomplete or out-of-date. We have made every effort to display as accurately as possible the color of the products. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the products upon delivery. We make no representation as to the completeness, accuracy or currency of any information within the Services. For example, products may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated. In the event of a pricing error or discrepancy with respect to products, we reserve the right to cancel any orders (or partial orders) for such products. 

c. Account.  In order to use certain of the Services and/or purchase products, you may be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account“).  You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. BCS reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.

i. You may control your Account and how you interact with the Services by changing the settings in your Account. By accessing the Services and/or setting up an Account, you consent to having these Terms provided to you in electronic form and that all Terms, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our products or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.  If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

d. Shipping.  When a product order is placed, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Services. 

e. Confirmation, Cancellation and Coupons.  While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product and/or to refuse fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.  We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.  Partial shipment or partial cancellation of orders may occur.

f. Services Rules

i. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.  Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.

ii. The Services contain confidential and trade secret information owned or licensed by BCS, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information. 

iii. By registering for an Account and/or placing an order, you represent that the Products ordered will be used only in a lawful manner and as intended by such manufacturer.

iv. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

 

2. Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “BCS Content”), and all intellectual property rights related thereto, are the exclusive property of BCS and its licensors. 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, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BCS Content. Use of the BCS Content for any purpose not expressly permitted by this Terms is strictly prohibited.  These Terms do not provide you with title or ownership of any Services or BCS Content, but only a limited right to use the same solely upon the terms expressly set forth in these Terms.  

3. Payment

BCS uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.  

4. Refund policy

a. Returns & Exchanges

i. All of our products are carefully inspected before they are shipped. We do not offer refunds if the item(s) arrive(s) without damage, nor do we offer refunds for items that have been used in any way.

ii. We will replace or refund products damaged during shipment if photographic proof of damage is submitted to us at hello@brooklyncandlestudio.com within seven (7) days of delivery. You may also exchange your product for another candle of the same size and price within fourteen (14) days of purchase. The buyer is responsible for shipping cost on all returned items.

iii. We offer free replacements for any incorrect items received or items that are defective or damaged. To be eligible for a free replacement, you must notify us of the incorrect, defective or damaged item within fourteen (14) days of delivery by sending us an email at hello@brooklyncandlestudio.com and we will send you instructions to complete your exchange. We require photographic evidence that you received the incorrect item or that it is defective.

iv. Additional items ineligible for refund:

      1. Sale Items (including items purchased with a Discount Code) 
      2. Customized Items 
      3. Items marked “Non-returnable” on the product page 
      4. Gift Cards 
      5. Items returned more than 14 days after delivery 
      6. Lost or stolen items
      7. Any item that has been used or is not in its original condition, is damaged or missing parts for reasons not due to our error
v. We do not offer refunds on orders where the tracking states it has been delivered. We do offer reshipments.

vi. To complete your return, we require a receipt or proof of purchase.

b. Refunds
i. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

ii. If you are approved, then your refund will be processed, less the return shipping fees, and a credit will automatically be applied to your original method of payment, within 5-10 business days. Please see our Return Process below.

iii. Late or missing refunds
      1. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted.
        Next contact your bank. There is often some processing time before a refund is posted. 
      2. If you’ve done all of this and you still have not received your refund yet, please contact us at hello@brooklyncandlestudio.com and we will help you sort it out.

     c. Return Process

    i. To request to return your product, please e-mail hello@brooklyncandlestudio.com and we will provide you with a pre-paid shipping label along with instructions on where to ship your product and how to complete your return.

    ii. You will be responsible for paying the shipping costs for returning your item. Shipping costs are non-refundable. We offer a flat return shipping fee of $9.99 for all return shipments under 5 lbs. For all return shipments over 5 lbs, you will be responsible for the full cost of return shipping. A restocking fee may also apply at our sole discretion. If you receive a refund, please note that the return shipping fee (and any applicable restocking fees) will be deducted from your refund.

    iii. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.  If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

    iv. We reserve the right to modify our return and exchange policies at any time

     5. Privacy

    We care about the privacy of our clients. BCS’s privacy practices are governed by BCS’s privacy policy, the most updated copy of which can be found at https://brooklyncandlestudio.com/pages/privacy-policy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that BCS does not own or control. 

    6. Security 

    BCS cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure.  However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    7. Third-Party Links and Information

    The Services may contain links to third-party materials that are not owned or controlled by BCS. BCS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms and BCS’s Privacy Policy do not apply to your use of such sites. You expressly relieve BCS from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BCS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

    8. Indemnification

     You agree to defend, indemnify and hold harmless BCS (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Services in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) any use of the products that caused injury or damage to yourself or a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services. 

    9. No Warranty 

    a. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BCS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
    b. BCS MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT BCS AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE. 
    c. IF YOU ARE DISSATISFIED WITH THE SERVICES AND/OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ITS OR THEIR USE.  
    d. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


    10. Limitation of Liability 

    a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BCS, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF BCS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.  

    b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS;  (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS  IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BCS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BCS HEREUNDER OR $100.00, WHICHEVER IS GREATER.

    c. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

     11. Governing Law and Dispute Resolution

      1. Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of the State of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action against BCS arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.

      2. Dispute Resolution.  PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BCS HAVE AGAINST EACH OTHER ARE RESOLVED.

      3. We strongly encourage you to first contact us directly to seek a resolution of any dispute or claim by emailing hello@brooklyncandlestudio.com.  You and BCS agree that any and all disputes or claims that have or may arise between you and BCS shall be resolved exclusively through final and binding arbitration, rather than in court. 

      4. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.  Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.  Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.

      5. the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;

      6. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law;  and

      7. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Kings County, New York.

      8. Expenses and Attorneys’ Fees.  In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby. 

    12. Termination 

    These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms 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. DMCA Notice

    We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

    • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. 

    • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. 

    • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 

    • Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. 

    Include your name, mailing address, telephone number, and email address.  You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to hello@brooklyncandlestudio.com or by mail to:

    Brooklyn Candle Studio LLC 
    Attn: Ownership
    4014 1st Ave #304
    Brooklyn, NY 11232
     

    14. General

      1. Notification Procedures and Changes to the Terms. BCS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by BCS in our sole discretion. BCS reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. BCS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. BCS may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.

      2. Electronic Communications.  Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

      3. Entire Agreement / Severability. These Terms shall constitute the entire agreement between you and BCS concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect

      4. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and BCS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

      5. Feedback.  We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services. 

      6. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms.  

      7. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination. 

    These Terms were last updated on September 17, 2020