Effective Date: 09/23/2024
Welcome to Fumesy! These Terms of Service (“Terms”) govern your access to and use of our website, services, and products. By accessing or using any part of our website or purchasing our products, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the website or use our services.
1.) Overview
Fumesy operates an online platform that provides high-quality candles, room sprays, and other fragrance-related products. These Terms apply to all visitors, users, and others who access or use our services.
2. Eligibility
By using our services, you represent that you are at least 18 years old or have the consent of a legal guardian to enter into these Terms. If you are using our services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.
3. User Accounts
To access certain features of the website or to make a purchase, you may need to create an account. When you create an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
- Account Security: You must immediately notify us of any unauthorized use of your account. In case of a breach, you should promptly reset your password and contact us. We recommend using strong passwords and enabling two-factor authentication (if available) to enhance your account security. Fumesy is not liable for any loss or damage arising from unauthorized access to your account.
4. Product Information
We strive to provide accurate descriptions and images of our products. However, we do not guarantee that product descriptions or images are accurate, complete, or current. Products may vary slightly from the images due to photography, lighting, or screen settings.
- Candle Safety: Each of our candles includes safety instructions that must be followed to ensure safe use. Candles are intended for home use only. Please ensure they are placed on a stable, heat-resistant surface, away from flammable materials. Never leave burning candles unattended, and always extinguish candles before leaving the room. Fumesy is not responsible for any injuries or property damage caused by improper candle use.
5. Orders and Payment
All orders placed through our website are subject to acceptance. Fumesy reserves the right to refuse or cancel any order at our discretion.
- Pricing: All prices displayed on our website are in USD (United States Dollar) and are subject to change without notice. We will charge you the price displayed at the time of purchase.
- Price Changes: We reserve the right to change prices for our products at any time. For subscription services, any price changes will apply to future billing cycles after we provide you with reasonable notice. You will have the opportunity to cancel your subscription before the new prices take effect.
- Payment Methods: We accept various forms of payment, including credit cards, PayPal, and other options as made available on our site. You agree to pay all fees associated with your order.
- Order Confirmation: After placing an order, you will receive an email confirming your purchase. This email does not constitute acceptance of your order; we reserve the right to refuse any order based on product availability, pricing errors, or other reasons.
6. Shipping and Delivery
Fumesy ships products to addresses within the United States and select international locations. Shipping times may vary based on location, shipping method, and product availability.
- Shipping Costs: Shipping fees will be added to your order total at checkout. These fees are non-refundable unless the product is returned due to our error.
- Delivery Times: Delivery estimates are provided for convenience but are not guaranteed. Delivery times may vary based on factors such as weather, carrier issues, or high-volume periods like holidays. Fumesy is not liable for delays caused by third-party carriers.
- Risk of Loss: All products purchased are made pursuant to a shipment contract. The risk of loss and title for such products pass to you upon delivery to the carrier.
- Delivery Responsibility: Once products are delivered to the address provided, it is your responsibility to secure the package. Fumesy is not liable for any lost or stolen packages after they have been marked as delivered by the carrier.
- International Shipments: International customers may be responsible for paying any customs duties, taxes, or import fees associated with their orders.
- Flexible Shipping Policy: Fumesy works with multiple carriers to ensure your products are delivered promptly. If you experience delays or issues with your order, please contact us, and we will work with you to resolve the matter as quickly as possible.
7. Returns and Refunds
We want you to be completely satisfied with your purchase. Please refer to our Return Policy for detailed instructions on how to return a product or request a refund.
- Eligibility for Returns: To be eligible for a return, products must be unused, in their original packaging, and returned within 30 days of receipt.
- Refund Process: Once we receive and inspect your returned product, we will notify you of the approval or rejection of your refund. Approved refunds will be processed within 7-10 business days to your original payment method.
- Defective Products: If you receive a defective or damaged product, please contact us within 7 days of delivery. We may ask for photos of the product to evaluate the damage. If approved, we will issue a refund or send a replacement free of charge.
- Non-Returnable Items: Certain items, such as custom or personalized products, are non-returnable.
- Environmental Impact of Returns: At Fumesy, we strive to reduce waste and our environmental footprint. We encourage our customers to consider recycling or repurposing products rather than returning them, whenever possible. If you do return a product, we’ll work to responsibly manage any waste associated with returns.
- Refund Limitations During Force Majeure: In the event of global disruptions such as pandemics or natural disasters, Fumesy reserves the right to limit or delay refunds. We will communicate with customers on a case-by-case basis if such events occur.
- Hassle-Free Returns: While we strive to reduce waste, we understand that sometimes products may not meet your expectations. If you’re not satisfied, we offer hassle-free returns and exchanges within the return window.
8. Subscription Services
Fumesy may offer subscription services that provide customers with regular deliveries of our products.
- Billing: If you enroll in a subscription service, you will be billed on a recurring basis according to the terms of the subscription plan you choose. You authorize us to charge your payment method for the recurring payments.
- Automatic Renewal: By signing up for a subscription, you agree that your plan will automatically renew at the end of each billing cycle unless canceled. You may cancel your subscription at any time by contacting us or using the account management features on our website. Cancellations must be made before your next billing cycle to avoid being charged.
- Refunds for Cancellations: If you cancel a subscription before the end of a billing cycle, you will not receive a refund for the remaining period. However, you will continue to receive products and services through the end of the billing cycle.
- Subscription Products: Products delivered through a subscription service are non-refundable after shipment. If you cancel your subscription after an order has been processed, the cancellation will apply to the next billing cycle.
- Renewal Reminders: Before your subscription renews, we will send you a reminder email to notify you of the upcoming charge. You can cancel your subscription at any time before the next billing cycle to avoid being charged.
- Opt-In Consent: By enrolling in a subscription service, you agree to receive recurring shipments and authorize automatic payments. You will be required to actively opt-in to confirm your subscription, and you may manage or cancel your subscription anytime through your account settings.
- Subscription Help: For more information on managing your subscription, please refer to our Subscription FAQ.
9. Intellectual Property
All content, including text, graphics, logos, and images on our website, is the property of Fumesy or its licensors and is protected by copyright, trademark, and other intellectual property laws.
- License: You are granted a limited, non-exclusive, and non-transferable license to access and use the website for personal, non-commercial purposes. You may not modify, distribute, or reproduce any content without our prior written consent.
- Trademarks: “Fumesy” and any other product or service names, logos, or slogans that may appear on the website are trademarks of Fumesy or its affiliates. You are not permitted to use any trademarks without our prior written consent.
10. User Conduct
By using our website and services, you agree to adhere to the following conduct guidelines:
- You will not engage in any unlawful activity or violate any laws or regulations in connection with your use of our services.
- You will not use our website to distribute any harmful or malicious software, engage in unauthorized access, or disrupt our services.
- You will not use the website to harass, abuse, or harm other users or attempt to impersonate any person or entity.
- Legal Compliance: You are responsible for complying with all applicable local, state, national, and international laws related to your use of our website and services.
11. Third-Party Links
Our website may contain links to third-party websites or services. These links are provided for convenience, and we are not responsible for the content, accuracy, or availability of any third-party websites. Your use of third-party websites is at your own risk.
12. Limitation of Liability
To the maximum extent permitted by law, Fumesy and its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the website, products, or services.
- Product Liability: Fumesy is not responsible for any damages, injuries, or losses that occur as a result of improper use of our products, including but not limited to candles, sprays, or other fragrance items.
- No Liability for Third-Party Acts: Fumesy is not responsible for any actions or omissions by third parties, including but not limited to shipping carriers, payment processors, or service providers. You agree that any claims related to these third-party services must be directed to the third party directly.
13. Indemnification
You agree to indemnify, defend, and hold harmless Fumesy and its affiliates from any claims, liabilities, damages, losses, or expenses arising from your use of our website, products, or services, or any breach of these Terms.
14. Termination
We reserve the right to terminate or suspend your access to the website or services at any time, for any reason, without notice, including but not limited to a breach of these Terms.
- Effect of Termination: Upon termination, your right to use the website and services will immediately cease. Any provisions that by their nature should survive termination shall continue in effect.
15. Modification of Terms
Fumesy reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. If significant changes are made to these Terms, Fumesy will notify customers by email or through a prominent notice on our website. Continued use of our website and services after such notification will constitute acceptance of the revised Terms.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Texas.
- International Use: These Terms shall apply to all users regardless of location. By using our services, you agree that the laws of the State of Texas shall govern any disputes, even if you are located outside the United States.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18. Communications Consent
By providing your email address or phone number, you consent to receive communications from us regarding your account, orders, and promotional offers. You may opt out of promotional emails at any time by following the unsubscribe instructions.
- Personalized Communications: By providing your contact information, you agree to receive personalized offers and product recommendations. We use your purchase history and preferences to provide relevant communications. You can opt out of these at any time.
19. Sustainability Commitment
Fumesy is dedicated to using eco-friendly materials and sustainable practices across our business. From our packaging to our products, we strive to minimize environmental impact. We encourage customers to recycle or reuse our packaging and candle jars. By choosing Fumesy, you support a brand committed to reducing its carbon footprint and contributing to a more sustainable future.
- Recycling Program: Customers who return empty candle jars to Fumesy will be eligible for discounts or special rewards. Please visit our Recycling Program Page for more information on how to participate.
- Sustainability Tips: To help reduce environmental waste, we encourage customers to recycle our packaging and reuse candle jars. You can also participate in our recycling program for special rewards, details of which can be found on our website.
20. Force Majeure
Fumesy shall not be liable for any delays or failures in performance caused by events outside of its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, supply chain disruptions, pandemics, or government actions. Supplier shortages or disruptions caused by events beyond our control will also be covered under this Force Majeure clause. In the case of global pandemics, government lockdowns, or other widespread disruptions, there may be unavoidable delays or interruptions to our services. We will communicate any major changes to customers as soon as possible.
21. Privacy Policy
Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
- Third-Party Services: We work with trusted third-party providers to process payments and improve your experience on our website. We ensure that any personal information shared with these providers is handled securely and in accordance with our Privacy Policy.
- Data Retention: We retain customer data for as long as necessary to fulfill orders, comply with legal obligations, and improve our services. For more information, please refer to our Privacy Policy.
22. Right to Refuse Service
We reserve the right to refuse service, cancel orders, or terminate accounts if we suspect any fraudulent activity, violation of these Terms, or misuse of our services.
23. Dispute Resolution
In the event of any dispute or claim arising from these Terms, the parties agree to attempt resolution through good-faith negotiations. If a resolution cannot be reached, the parties agree to resolve disputes through binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration shall take place in Texas, and you agree to waive any right to trial by jury.
24. Disclaimer of Warranties
Fumesy provides its products and services ‘as-is’ and without any warranty or condition, express or implied. We do not guarantee the continuous availability of the website or services and reserve the right to make changes or discontinue certain features at any time.
25. Contact Information
For common questions, please visit our Help Center or FAQs for answers to frequently asked questions. If you still need assistance, feel free to contact us at:
Fumesy
Haslet, Texas, United States
support@fumesy.com
+1(520)532-8232