KHUSH CANDLE CO. ®
1. DISCLAIMER OF LIABILITY
This TCS set forth the full extent of Khush Candle Co. obligations and liabilities with respect to the sale of the Products on the Website. Nothing in this TCS seeks to exclude or limit Khush Candle Co. liability for:
- Personal harm resulting from Khush Candle Co. gross negligence
- Willful misconduct on behalf of Khush Candle Co. or its employees
- Breach of any obligations pursuant to applicable to USA consumer protection laws
- Any cause of action which cannot be limited or excluded under applicable law
1.1. Subject to above
Khush Candle Co. aggregate liability, which shall be limited solely to direct damages, caused by a breach, that the customer may suffer with respect to all claims and causes of action, arising under or in connection with this TCS and each Contract, shall in no event exceed the price of the Product(s) purchased by the Customer on the Website under that Contract. Khush Candle Co. is not liable for damage(s) or loss that either the Customer or Khush Candle Co. could not reasonably have foreseen at the time the Customer accepted this TCS. Khush Candle Co. shall not be liable to Customer for any indirect damages.
Khush Candle Co. shall not be held liable for the failure to perform or incomplete performance of one of its obligations if said failure to perform or incomplete performance is due to a force majeure event as defined by USA law.
Khush Candle Co. LLC shall not be held liable for the failure of third parties including, but not limited to, suppliers, delivery personnel, etc. to perform their obligations to us or the Customer.
The Products purchased by the Customer must be used in accordance with the recommendations for use accompanying each Product. Failure to follow the recommendations for use accompanying each product constitutes misuse of said product, which may result in harm. In no event shall Khush Candle Co. be held liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the misuse of our products.
2. LEGAL WARRANTIES
Khush Candle Co. does not offer any warranties other than those warranties set forth in this TCS. All Products purchased by the customer through the Website are (except as expressly stated by Khush Candle Co.) provided 'as is' and 'as available' for customer use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
3. INTELLECTUAL PROPERTY AND COPYRIGHTS
Khush Candle Co. LLC owns the domain name www.KhushCandle.com and Gold Emblem is a USPTO registered Trade / Word Mark. The Website is an intellectual work protected by intellectual property rights, in particular by copyright. The website as a whole, as well as the products sold on it, and each of the components (such as films, photographs, logos, trademarks, drawings or models, texts, software, animations, illustrations, diagrams etc.) are the exclusive property of Khush Candle Co. LLC, which alone is authorized to use the related intellectual property rights. Use of all or part of the website, in particular by downloading, reproduction, transmission, representation or distribution is strictly forbidden. Breach of these provisions will result in the offending party being subject to the penalties provided for by law.
When you use a “share” feature offered on the website in order to discover a Khush Candle Co. LLC brand product, you acknowledge and accept that the content made available by sharing should only be used for purely personal purposes, excluding any commercial use on websites or web pages and/or any other digital medium for commercial purposes.
Hyperlinks to the website can only be created with Khush Candle Co. LLC’s prior written consent. Said permission can be revoked at any time. All websites with a hypertext link to the website are not under Khush Candle Co. LLC’s control and Khush Candle Co. LLC cannot therefore be held liable (in particular editorial liability) for the access to and content of these websites.
Khush Candle Co. LLC is free to change the content of the website at any time and without notice.
4. GOVERNING LAW
These Terms will be governed by and interpreted in accordance with the laws of the State of Connecticut, and you, as the Customer, submit to the exclusive jurisdiction of the courts located in the County of Middlesex, Connecticut for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Connecticut and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
5. SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provision shall be deleted and the Terms and Conditions shall be read and interpreted as if the invalid clause were never there.
6. ACCURACY OF INFORMATION
Khush Candle Co LLC takes reasonable steps to ensure the accuracy of the information included in the Sites. However, takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
7. DISCLAIMER / LIMITATION ON LIABILITY
Use of and browsing in the Sites are at your own risk. Neither Khush Candle Co LLC nor any party representing or otherwise affiliated with Khush Candle Co LLC in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Website.
Solicited information that you submit to Khush Candle Co LLC by email in order to register or sign up, to submit appropriate questions to the Sites, and/or to purchase products, as applicable, are subject to our Privacy Policy, detailed in Terms and Conditions of Use (available on the Website)
8. Feedback
Khush Candle Co.is always working to ensure that our online services and features are accessible to users of all abilities. We welcome feedback on the accessibility of our websites. If you wish to provide such feedback, kindly contact us via email kccustomers@kushcandle.com
9. ENTIRE AGREEMENT
This TCS and any other documents or links expressly referred to herein constitute the entire agreement between Khush Candle Co. LLC and the Customer in relation to the Customer’s use of this Website and supersede any prior agreement, understanding or arrangement, whether oral or in writing
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