Last updated: March 1, 2023
Introduction
Welcome to Wakeheart® Perfume, Candles!
These Terms and Conditions (“Terms”) form a legally binding agreement between you and Wakeheart® Perfume, Candles regarding your use of our website, products, and services. Please read them carefully.
By accessing or using our website wakeheart.shop, purchasing or using our products, or availing of our services, you agree that you have read, understood, and consent to be bound by these Terms. If you do not agree with any part of these Terms, you should immediately discontinue access or use of our website, products, and services.
Wakeheart® Perfume, Candles reserves the right to modify these Terms at any time without prior notice. Such modifications shall be effective immediately. You are advised to check these Terms regularly for updates. Your continued access or use of our website, products, and services after any changes to these Terms constitutes your acceptance of the updated Terms.
These Terms were last updated on the date stated at the beginning of this document.
Definitions
The following definitions apply to these Terms:
- “Wakeheart® Perfume, Candles”, “we”, “us”, and “our” refer to the owner and operator of wakeheart.shop and the producer of Wakeheart® brand products and services.
- “You” and “your” refer to the user or viewer of our website, customer, or recipient of our products and services.
- “Website” refers to the website located at wakeheart.shop and all corresponding web pages, content, and services made available by Wakeheart® Perfume, Candles.
- “Products” refer to all merchandise, goods, and services produced, provided, or sold by Wakeheart® Perfume, Candles through our website or other means. This includes but is not limited to Wakeheart® brand perfumes, candles, bath bombs, and other fragrance products.
- “Services” refer to services provided by Wakeheart® Perfume, Candles such as gift-wrapping, shipping, customer service, etc.
- “Order” refers to an order you place for Products or Services through our Website, by phone, mail, in-person, or other means.
- “Party”/”Parties” collectively refers to both you, the customer or user, and Wakeheart® Perfume, Candles.
Privacy Policy
Our Privacy Policy forms part of these Terms. Please review our Privacy Policy to understand how we handle your personal data.
Eligibility to Use Our Website
You must be at least 18 years of age to access or use our Website, purchase our Products, or avail our Services.
By accessing our Website, placing an Order, or availing our Services, you represent and warrant that:
- You are at least 18 years old.
- All information you submit is truthful, accurate, and complete.
- Your access and use of the Website will comply with these Terms and all applicable laws, regulations, and ordinances.
Wakeheart® Perfume, Candles reserves the right to refuse service, terminate accounts, or cancel Orders in its sole discretion.
Intellectual Property Rights
Our Website contains material – including but not limited to trademarks, logos, designs, text, graphics, images, audio, video, software, and other content – that is owned by or licensed to Wakeheart® Perfume, Candles. This content is protected by copyright, trademark, and other intellectual property laws.
You do not have permission to copy, reproduce, distribute, republish, download, perform, post, transmit, or modify such content in any way, except:
- As expressly permitted on our Website
- For your own personal, non-commercial use, provided you keep all proprietary notices intact.
Any other use of the material on our Website requires our prior written permission. You must abide by all additional copyright notices or restrictions contained in our Website.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. This includes but is not limited to the Wakeheart® name and logo.
If you provide any feedback, suggestions, improvements, modifications, or feature requests to Wakeheart® Perfume, Candles, such content shall be deemed, and shall remain, the sole and exclusive property of Wakeheart® Perfume, Candles. You agree that this content is not confidential and that your provision of it is gratuitous, unsolicited, and without restriction. Wakeheart® Perfume, Candles shall be free to use such content without any compensation to you and/or any third party.
Any violation of our intellectual property rights will be vigorously defended and prosecuted to the fullest extent permitted by law.
Website Content & Accuracy
The content on our Website is for informational purposes only. Wakeheart® Perfume, Candles makes no representations or warranties regarding the information, products, or services provided on or through our Website.
We make commercially reasonable efforts to ensure all pricing and product details are accurate on our Website. However, certain details like colors, sizes, styles, etc. may vary. Wakeheart® Perfume, Candles cannot guarantee the availability, suitability, or fitness for purpose of any Products shown on our Website.
It is your responsibility to verify any information before relying on it. You assume all risks associated with using content from our Website. Wakeheart® Perfume, Candles disclaims any liability for errors or omissions in Website content.
We reserve the right to correct any inaccuracies or errors in Website content.
Product photographs and other depictions should be considered illustrative only and may not precisely match the actual product.
Placing Orders
Wakeheart® Perfume, Candles allows you to place Orders for our Products and Services through our Website, phone, mail, in-store, or other means we authorize.
To place an Order, you must provide certain information required by our checkout processes. This may include your name, billing/shipping address, contact information, payment details, and other details required to complete the transaction.
Please ensure all data you provide is accurate, complete, and up-to-date. You are responsible for any incorrect or outdated information you provide.
For online Orders, once you complete checkout, we will send an email confirming receipt of your Order. This does not constitute our acceptance of your Order. We reserve the right to accept or reject any Order in our sole discretion.
If we accept your Order, we will process and fulfill it within a commercially reasonable time. Processing times may vary depending on factors like order volume, customized or personalized requests, availability of items, or other issues.
Our receipt of payment alone does not constitute our acceptance of an Order. An Order becomes binding only after we dispatch the Products or provide you with written acceptance of the Order.
For customized or personalized Orders, we will send you a proof for acceptance prior to production and fulfillment. The Order becomes binding after you approve the proof, either explicitly or tacitly. However, if you do not approve or cancel the Order within a reasonable timeframe, we may charge you for any costs we incurred in preparing the proof and expect reasonable compensation for our time and efforts.
Once we accept an Order, we will assign an Order reference number/code and endeavour to keep you informed about the progress of your Order through shipping and delivery.
Wakeheart® Perfume, Candles reserves the right to discontinue or limit quantities of any Product, to honor only reasonable Order volumes for any Product, or to reject Orders exceeding reasonable quantities.
Certain Products or Services may be backordered or otherwise unavailable. In such cases, we reserve the right to cancel your Order and process a refund. You will be informed if this occurs.
For customized or personalized Orders, Wakeheart® Perfume, Candles reserves the right to refuse offensive, illegal, or unreasonable content requests.
Prices and Payment
All prices listed on our Website are subject to change without notice. The prices displayed at order checkout will determine the final price for your Order.
Prices do not include sales tax and shipping costs unless specified otherwise. Sales tax will be added at checkout where applicable. Shipping costs are calculated based on your location.
We accept payment online through credit/debit card and online wallets, bank transfer, or other approved methods. All payment must be received in full before we process an Order.
If your payment fails or is later invalidated, we may cancel your Order and attempt to collect any dues using legal mechanisms. You are responsible for all fees or costs we incur for collecting payment.
Wakeheart® Perfume, Candles endeavors to display accurate and complete pricing information on our Website to the best of our abilities. However, in case of inadvertent pricing errors, we reserve the right to cancel or refuse to accept Orders placed for products listed at incorrect prices.
Shipping and Delivery
Wakeheart® Perfume, Candles offers shipping within the United States and selected countries internationally. Shipping methods, rates, and timelines vary between locations.
You are responsible for providing a complete, accurate, and deliverable shipping address with your Order. Wakeheart® Perfume, Candles disclaims responsibility for shipping delays or errors arising from incomplete or incorrect address details.
We will pack and ship Products with reasonable care and skill. A signed proof of delivery from the carrier constitutes proof that Products were delivered in good condition. Please inspect shipments promptly on arrival and contact us within 48 hours to report any damage or errors.
Wakeheart® Perfume, Candles endeavors to ship all Products within the timeline advertised or quoted. However, delays may occur depending on Order specifics, availability issues, inaccuracies in product details, or reasons outside our control.
If a Product is significantly delayed due to our fault, you may cancel the Order for a complete refund. This does not apply to minor delays arising from regular order processing or reasons outside our control.
Wakeheart® Perfume, Candles does not guarantee delivery by a stipulated date for certain Products like customized, personalized, or made-to-order items. We provide timeline estimates in good faith but do not warrant or guarantee delivery within a promised window for such Products.
If you are ordering our Products as gifts to third parties, please factor in additional processing and shipping time. Wakeheart® Perfume, Candles disclaims liability for late deliveries due to your last-minute placement of gift Orders.
For international deliveries, you are responsible for clearing Products through customs, paying any import duties or levies, and complying with foreign legal requirements. Wakeheart® Perfume, Candles disclaims all liability for international shipments delayed or refused entry by customs authorities.
International customers may be contacted for further information necessary to clear shipments through customs. Failure to provide such information may result in order cancellation and return shipping at your expense.
Wakeheart® Perfume, Candles reserves the right to discontinue or limit shipping to certain geographic regions for any reason. International shipping in particular is subject to change based on our assessment of each region.
Returns and Refunds
If you are unhappy with your Product, please contact our Customer Service within 30 days of receipt for assistance.
Most Products can be returned for an exchange or refund provided they fulfill certain criteria. All Products must be unused with original tags and packaging intact to qualify for returns. Wakeheart® Perfume, Candles does not accept returns on used products.
Customized, personalized, or made-to-order Products are non-returnable and non-refundable.
To initiate a return, please contact us to obtain a Return Authorization (RA) number. Returns must be shipped back to us within 30 days of the RA being issued. Please clearly mark the RA number on the return package. Wakeheart® Perfume, Candles does not accept returns that do not have an RA number on the shipment.
You are responsible for return shipping costs unless the return is due to our error. Refunds are provided once we receive and verify the returned Product. Refunds may take 5-7 business days to process after receipt.
Exchanges are treated as a separate transaction. We will process an exchange by placing a new order for the replacement Product and issuing a refund for the returned Product.
Wakeheart® Perfume, Candles reserves the right to refuse returns/exchanges or provide refunds in certain situations, including but not limited to:
- Products that are used, damaged, or not in resalable condition
- Missing parts, components, manuals, accessories, etc.
- Customized, personalized, or made-to-order Products
- Products that have passed the allowable return window
- Non-compliance with our return policies and requirements
Promotions and Discounts
Wakeheart® Perfume, Candles may offer promotions, discounts, sales, or other incentives at its sole discretion. Promotion eligibility and validity dates shall be specified with each offer.
Promotions and discounts generally cannot be combined or applied to past purchases unless stated otherwise. Wakeheart® Perfume, Candles reserves the right to deny or cancel any promotions, discounts, or incentives at its sole discretion.
Discount codes and coupons can only be applied/redeemed as stated on the respective offers. Use of such codes/coupons indicates your acceptance of any accompanying terms and conditions.
Wakeheart® Perfume, Candles reserves the right to terminate accounts, cancel Orders, or revoke discounts due to fraudulent use or abuse of promotions, coupons, codes, or any other unfair practices.
Limitation of Liability
Wakeheart® Perfume, Candles shall not be liable for any damages whatsoever arising out of or related to your use of our Website, Products, or Services.
This limitation applies to all forms of damages, including compensatory, direct, indirect, special, incidental, consequential, punitive, or exemplary damages, lost profits, or damages resulting from lost data or business interruption.
Wakeheart® Perfume, Candles’ total liability arising out of or related to your use of our Website, Products, and Services shall not exceed the amounts actually paid by you for our Products or Services, subject to a maximum of USD 100.
Certain jurisdictions do not allow limitations on implied warranties or exclusions/limitations of certain damages. If such laws apply to you, some or all of the above limitations/exclusions may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Wakeheart® Perfume, Candles and our parents, subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, partners, and service providers from and against all liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) related to or arising out of:
- Your access or use of our Website, Products, or Services;
- Your User Content;
- Your violation of these Terms;
- Your violation of any applicable law, regulation, or rights of a third party.
Termination
Wakeheart® Perfume, Candles reserves the right to terminate any accounts, cancel any pending or accepted Orders, or temporarily/indefinitely restrict access to our Website, Products, and Services in our sole discretion without notice or liability, for any reason whatsoever, including:
- Breach of these Terms or our Privacy Policy
- Request by law enforcement, government agencies, or other third parties
- Discontinuance/unavailability of any aspect of our Website, Products or Services
- Unexpected technical or security issues
- Extended periods of inactivity
- Engagement in fraudulent/illegal activities
- Non-payment for Products or Services
- Abuse of promotions, discounts, codes
Wakeheart® Perfume, Candles reserves the right to refuse service without stating reasons for doing so. We shall have no obligation to maintain or provide any data related to your account after termination.
Revisions to Website Content and Functionality
Wakeheart® Perfume, Candles reserves the right to change any part of our Website, Products, and Services without notice or liability. This includes revisions to existing features/functionality and discontinuation or removal of any features.
We endeavor to ensure information on our Website is accurate and up-to-date but do not warrant against inaccuracies or errors. Pricing, product details, and other content may be revised periodically without notice.
Revisions to These Terms
Wakeheart® Perfume, Candles reserves the right to revise these Terms at any time by updating this document. Such modifications shall be effective immediately. You are advised to check these Terms regularly for changes.
Your continued access or use of our Website, Products, or Services after updates to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue using our Website, Products and Services immediately.
Severability
If any part of these Terms is deemed unlawful, void, or unenforceable for any reason, that part shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Governing Law
These Terms shall be governed by the laws of the State of Tennessee, without regard to conflict of law principles.
Any legal disputes, actions, claims, or causes of action arising out of or related to these Terms, the Website, Products, or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee. You hereby submit to personal jurisdiction and venue of said courts, and waive any right to transfer or change venue.
Contact Us
Please contact us with any questions or concerns regarding these Terms.
Wakeheart® Perfume, Candles
500 Interstate Blvd S Suite 300
Nashville, TN 37210, United States
Email: [email protected]
Phone: +1-888-555-1234