Terms of Use
Last Updated: July 5, 2019
These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content or products made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms. This Site is intended for and directed to residents of Canada over the age of 18 years.
(a) that you are responsible for the accuracy of all information that you provide to us;
(b) that you are responsible for keeping your password and other account details confidential and for notifying us immediately of any unauthorized use of your account or any breach of security known to you;
(c) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
(d) not to infringe any third-party right;
(e) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(f) not to use the Site in a false or misleading manner;
(g) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;
(h) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Site; use any robot, spider, scraper or other automated means to access the Site and collect content for any purpose without our express written permission; or use the Site to distribute viruses or malware or other similar harmful software code;
(i) not to harvest or otherwise collect information about others, including email addresses, without their consent;
(j) not to bypass measures used to prevent or restrict access to the Site;
(k) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(l) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
You may return products, other than products marked final sale, in their original condition and packaging for a refund within 10 days of purchase. In all other cases, all sales are final. If you would like to return a product, you must notify us by email at info@material.ramacandles.com within 3 days of purchase to obtain shipping instructions. Shipping and delivery charges are not refundable. You are responsible for all shipping and delivery charges associated with the return. You are also responsible for insuring returned products and for any loss or damage to returned products during shipment.
“Rama Candles” is our trade-mark and other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
Where our Site enables you to post review or communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove reviews, comments, discussions, chats, postings, transmissions and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
You represent and warrant that any Content you submit to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name or username with any such Content. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
We will not be liable for any loss or damage arising out of or in connection with your use of the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the use of any Content) exceed the greater of the total amounts you paid to us in connection which resulted in your loss or damage, and (b) One Hundred Canadian Dollars ($100.00 CAD).
If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These Terms (together with the Privacy Policy and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions. Subject to the arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario to settle any Dispute.
The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
1- Introduction
This website at www.ramacandles.com (the “Site”) is provided by Candle Material Supply Inc. operating as Rama Candles (“Rama Candles”) and its use by you is conditional on your acceptance of the Terms of use set forth below (the “Terms”). These Terms explain how you may use the Site. You should read these Terms carefully before using the Site. By accessing or using this Site including, without limitation to purchase products from us or to access, use, and/or download messages, information, data, text, software, images, video, audio or other multimedia content or other content from this site (collectively, the “Content”) or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Site immediately.These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content or products made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms. This Site is intended for and directed to residents of Canada over the age of 18 years.
2- Modifications to the Terms
These Terms are dated as of the “Last Updated” date set out above. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on the Site and revising the “Last Updated” date above. By continuing to use the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.3- Restrictions on Use
As a condition of your use of the Site, you agree:(a) that you are responsible for the accuracy of all information that you provide to us;
(b) that you are responsible for keeping your password and other account details confidential and for notifying us immediately of any unauthorized use of your account or any breach of security known to you;
(c) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
(d) not to infringe any third-party right;
(e) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(f) not to use the Site in a false or misleading manner;
(g) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;
(h) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Site; use any robot, spider, scraper or other automated means to access the Site and collect content for any purpose without our express written permission; or use the Site to distribute viruses or malware or other similar harmful software code;
(i) not to harvest or otherwise collect information about others, including email addresses, without their consent;
(j) not to bypass measures used to prevent or restrict access to the Site;
(k) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(l) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
4- Availability of Products
Products listed on our Site may not be available at the time you make your order.5- Acceptance of Orders
Once you place an order, we will send you a confirmation to the e-mail address that is associated with your account or that you provided to us when you completed your order. The confirmation does not constitute an acceptance of your order. Your order will only be accepted once the products are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the payment method which you provided for payment.6- Delivery
We use third-party carriers to ship our products to you. Estimated delivery dates are estimates only. Your order may arrive before or after the estimated delivery date. Depending on the size and availability of products and/or your order, your order may be delivered to you in several shipments. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided.7- Cancellation and Returns
You may cancel your order before we ship your order for a full refund.You may return products, other than products marked final sale, in their original condition and packaging for a refund within 10 days of purchase. In all other cases, all sales are final. If you would like to return a product, you must notify us by email at info@material.ramacandles.com within 3 days of purchase to obtain shipping instructions. Shipping and delivery charges are not refundable. You are responsible for all shipping and delivery charges associated with the return. You are also responsible for insuring returned products and for any loss or damage to returned products during shipment.
8- Fees and Payment Terms
During the check-out process you will be provided with a list of the products you are purchasing, their price, and a list of additional charges. Unless otherwise provided, the order total is set out in Canadian dollars and includes shipping and handling fees and applicable taxes. If your order is being shipped outside of Canada, your order may be subject to additional customs charges, taxes or duties, which may not be included in the order total and which you are responsible for paying. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped.9- Promotions
We may from time to time issue gift or promotional codes relating to the purchase of products. These gift or promotional codes will only be available on the terms specified at the time of issue. We reserve the right to reject the use of any gift or promotional code not in compliance with the purposes for which it was granted.10- Ownership, use and intellectual property rights
All intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.“Rama Candles” is our trade-mark and other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
11- Submitting information to the Site
By submitting Content to the Site, you agree that, subject to our Privacy Policy, we are entitled to use any such Content in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.Where our Site enables you to post review or communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove reviews, comments, discussions, chats, postings, transmissions and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
You represent and warrant that any Content you submit to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name or username with any such Content. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
12- Accuracy of information and availability of the Site
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features and services which may be of interest. It does not constitute any type of advice and should not be relied on for any purpose.While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
13- Links and third party websites
The Site may contain links to third party websites. These links are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party website will be governed by any applicable terms of that third party website.14- Warranties and limitation of liability
You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
We will not be liable for any loss or damage arising out of or in connection with your use of the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the use of any Content) exceed the greater of the total amounts you paid to us in connection which resulted in your loss or damage, and (b) One Hundred Canadian Dollars ($100.00 CAD).
15- Indemnification
You agree at all times to indemnify, defend and hold us harmless and our agents, suppliers, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) in any way arising from, related to or in connection with your use of this Site, including any products which you purchased from the Site; your use of the products; any alleged violation by you of these Terms; or any alleged violation of any applicable law or regulation.16- Dispute Resolution and Arbitration
All disputes, claims or controversies arising out of or relating to these Terms, the Site or the relationship between you and Rama Candles (“Disputes”) shall be determined exclusively by binding arbitration. However, you and Rama Candles must first attempt to resolve any dispute informally for at least 30 days before initiating arbitration. If we cannot resolve a dispute informally, you and Rama Candles may then elect to have the dispute finally and exclusively resolved by binding arbitration. The place of the arbitration shall be Toronto, Ontario, Canada.17- General
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at info@material.ramacandles.com and all notices from us to you will be displayed on our Site from to time or sent to you at the email address associated with your most recent purchase.If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These Terms (together with the Privacy Policy and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions. Subject to the arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario to settle any Dispute.
The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
