Terms and Conditions

Terms and Conditions of Use

Welcome to dulcecandles.com. Designs By Brachel, LLC and/or its affiliates (“Dulce Candles”) provide website features and other products and services to you when you visit or shop at dulcecandles.com, use Dulce Candles products or services, use Dulce Candles applications for mobile, or use software provided by Dulce Candles in connection with any of the foregoing (collectively, “Dulce Candles Services”). By using the Dulce Candles Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of Dulce Candles Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Dulce Candles Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Dulce Candles Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Dulce Candles Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Dulce Candles or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Dulce Candles Service is the exclusive property of Dulce Candles and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Dulce Candles Service including Dulce Candles, are trademarks of Dulce Candles in the U.S. and other countries. Dulce Candles trademarks may not be used in connection with any product or service that is not Dulce Candles, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dulce Candles. 

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use, and your payment of any applicable fees, Dulce Candles grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Dulce Candles Services. This license does not include any resale or commercial use of any Dulce Candles Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Dulce Candles Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by Dulce Candles or its licensors, suppliers, publishers, rightsholders, or other content providers. No Dulce Candles Service, nor any part of any Dulce Candles Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dulce Candles. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dulce Candles without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dulce Candles name or trademarks without the express written consent of Dulce Candles. You may not misuse the Dulce Candles Services. You may use the Dulce Candles Services only as permitted by law. The licenses granted by Dulce Candles terminate if you do not comply with these Terms and Conditions of Use.

YOUR ACCOUNT

You may need your own Dulce Candles account to use certain Dulce Candles Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit dulcecandles.com to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Dulce Candles does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Dulce Candles Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Household. Dulce Candles reserves the right to refuse service, terminate accounts, terminate your rights to use Dulce Candles Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Dulce Candles reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Dulce Candles a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dulce Candles and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dulce Candles for all claims resulting from content you supply. Dulce Candles has the right but not the obligation to monitor and edit or remove any activity or content. Dulce Candles takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from Dulce Candles are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Dulce Candles does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Dulce Candles does not take title to the refunded item. 

PRODUCT DESCRIPTIONS

Dulce Candles attempts to be as accurate as possible. However, Dulce Candles does not warrant that product descriptions or other content of any Dulce Candles Service is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. 

PRICING

We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Dulce Candles is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 

We generally do not charge your credit card until after your order has entered the shipping process.

APP PERMISSIONS

When you use apps created by Dulce Candles, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. 

SANCTIONS AND EXPORT POLICY

You may not use any Dulce Candles Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Dulce Candles Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Dulce Candles Software), technology, and services.

OTHER BUSINESSES

We provide links to the sites of affiliated companies. If you purchase any of the products or services offered by these companies, you are purchasing directly from those third parties, not from Dulce Candles. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Dulce Candles does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DULCE CANDLES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DULCE CANDLES SERVICES ARE PROVIDED BY DULCE CANDLES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DULCE CANDLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DULCE CANDLES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DULCE CANDLES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DULCE CANDLES SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, DULCE CANDLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DULCE CANDLES DOES NOT WARRANT THAT THE DULCE CANDLES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DULCE CANDLES SERVICES, DULCE CANDLES'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DULCE CANDLES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DULCE CANDLES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DULCE CANDLES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DULCE CANDLES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Dulce Candles Service will be adjudicated in the state or Federal courts in Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.  

APPLICABLE LAW

By using any Dulce Candles Service, you agree that applicable federal law, and the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Dulce Candles.

OUR ADDRESS

Designs By Brachel, LLC

designsbybrachel@hotmail.com 

ADDITIONAL DULCE CANDLES SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Dulce Candles Services (the "Dulce Candles Software").

1. Use of the Dulce Candles Software. You may use Dulce Candles Software solely for purposes of enabling you to use the Dulce Candles Services as provided by Dulce Candles, and as permitted by these Terms and Conditions of Use. You may not incorporate any portion of the Dulce Candles Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works      of, distribute, assign any rights to, or license the Dulce Candles Software in whole or in part. All software used in any Dulce Candles Service is the property of Dulce Candles or its software suppliers and is protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the Dulce Candles Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Dulce Candles Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Dulce Candles Software at any time and without notice to you.
5. Government End Users. If you are a U.S. Government end user, we are licensing the Dulce Candles Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Dulce Candles Software are the same as the rights we grant to all others under these Terms and Conditions of Use.
6. Conflicts. In the event of any conflict between these Terms and Conditions of Use and any other Dulce Candles or third-party terms applicable to any portion of Dulce Candles Software, such as open-source license terms, such other terms will control as to that portion of the Dulce Candles Software and to the extent of the conflict.