Terms of service
Terms of Conditions
Welcome to HÖM Candle Co. We offer this website, including all information, tools and
services available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here. By visiting our site and/ or
purchasing something from us, you engage in our “Service” and agree to be bound by
the following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or contributors
of content.
PLEASE TAKE NOTICE:
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age of majority
in your state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site. If you do not agree to all the terms and
conditions of these Terms, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added to the current store shall also be subject to
the Terms of Service. You can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update, change or replace any part of
these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of the
Service or access to the website following the posting of any changes constitutes
acceptance of those changes.
1.Our Services
a. Products. All features, content, availability, specifications, products and prices of
products described or depicted within the Services are subject to change at any time
without notice. Certain products may have limited quantities and are subject to return or
exchange only according to our Returns & Exchanges Policy. The inclusion of any
products at a particular time does not imply or guarantee that these products will be
available at any time.
b. Accuracy of Content. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. We make all reasonable
efforts to accurately display the attributes of our products and ensure that information is
complete, accurate and up-to-date. Despite our efforts, the information provided within
the Services may occasionally be inaccurate, incomplete or out-of-date. We have made
every effort to display as accurately as possible the color of the products. However, as
the actual colors you see will depend on your personal computer equipment, we cannot
guarantee that your monitor's display of any color will accurately reflect the color of the
products upon delivery. We make no representation as to the completeness, accuracy
or currency of any information within the Services. For example, products may be
unavailable, may have different attributes than those listed, or may carry a different
price than what is stated. In the event of a pricing error or discrepancy with respect to
products, we reserve the right to cancel any orders (or partial orders) for such products.
c. Account. In order to use certain Services and/or purchase products, you may be
required to create an account and provide accurate, current and complete information in
connection with your use of the Services (“Account“). You agree to maintain and
promptly update your Account information as necessary to maintain its accuracy. HÖM
Candle Co. reserves the right to suspend or terminate access to and use of the
Services, or any portion thereof, on the basis of inaccurate or incomplete Account
information.
i. You may control your Account and how you interact with the Services by changing the
settings in your Account. By accessing the Services and/or setting up an Account, you
consent to having these Terms provided to you in electronic form and that all Terms,
notices, disclosures, and other communications we provide to you electronically satisfy
any legal requirements that such communications be in writing. You acknowledge that
when you sign up for our Services or provide any contact information, including an email
address or cellphone number in connection with that activity, or service (“Contact
Information”), you agree that this action constitutes a purchase or inquiry establishing a
business relationship with us. You expressly consent to our communicating with you
about our products or Services using the Contact Information you provided to us. You
also attest that you have the legal authority over any Contact Information that you
provide to us and can provide us with the authorization to contact you. This means we
may contact you, in person or by recorded message, by e-mail and/or mobile telephone
number (including use of automated dialing equipment), text (SMS) message, or any
other means of communication that your wireless or other telecommunications device
may be capable of receiving. If you do not want to receive such email messages, you
may opt out or change your preferences in your Account settings page. Opting out may
prevent you from receiving email messages regarding updates, improvements, or offers.
d. Shipping. When a product order is placed, it will be shipped to the address
designated by you, as long as such shipping address is compliant with the shipping
restrictions contained on the Services.
e. Confirmation, Cancellation and Coupons. While it is our practice to confirm online
orders via email, the receipt of an email order confirmation does not constitute our
acceptance of an order nor our confirmation of an offer to sell a product or service. We
reserve the right, without prior notice and at any time: (a) to limit the order quantity on
any product and/or to refuse fulfillment of any order or to any customer; (b) to
discontinue any product or service; (c) to bar any user from making or completing a
transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon
code, promotional code, or other similar promotion. We also may require additional
information and/or verification of information prior to the acceptance and/or shipment of
any order. Partial shipment or partial cancellation of orders may occur.
f. Services Rules
i. You agree not to engage in any of the following prohibited activities: (i) copying,
distributing, or disclosing any part of the Services in any medium, including without
limitation by any automated or non-automated “scraping”;(ii) using any automated
system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access
the Services;(iii) transmitting spam, chain letters, or other unsolicited email;(iv)
attempting to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Services;(v) taking any action that
imposes, or may impose at our sole discretion an unreasonable or disproportionately
large load on our infrastructure;(vi) uploading invalid data, viruses, worms, or other
software agents through the Services;(vii) collecting or harvesting any personally
identifiable information, including account names, from the Services;(viii) using the
Services for any commercial solicitation purposes;(ix) impersonating another person or
otherwise misrepresenting your affiliation with a person or entity, stealing or assuming
and person’s identity (whether a real identity or nickname or alias), conducting fraud,
hiding or attempting to hide your identity;(x) interfering with the proper working of the
Services;(xi) accessing any content on the Services through any technology or means
other than those provided or authorized by the Services; or (xii) bypassing the
measures we may use to prevent or restrict access to the Services, including without
limitation features that prevent or restrict use or copying of any content or enforce
limitations on use of the Services or the content therein. Furthermore, you may not use
the Services to develop, generate, transmit or store information that: (A) infringes any
third party’s intellectual property or other proprietary right; (B) is defamatory, harmful,
abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the
normal performance of another person’s use of the Services, (D) performs any
unsolicited commercial communication not permitted by applicable law; and (E) is
harassment or a violation of privacy or threatens other people or groups of people.
ii. The Services contain confidential and trade secret information owned or licensed by
HÖM Candle Co., and you agree to take reasonable steps at all times to protect and
maintain the confidentiality of such information.
iii. By registering for an Account and/or placing an order, you represent that the
Products ordered will be used only in a lawful manner and as intended by such
manufacturer.
iv. We may, without prior notice, change the Services; stop providing the Services or
features of the Services, to you or to Users generally; or create usage limits for the
Services. We may permanently or temporarily terminate or suspend your access to the
Services without notice and liability for any reason, including if in our sole determination
you violate any provision of these Terms, or for no reason. Upon termination for any
reason or no reason, you continue to be bound by these Terms.
2. Proprietary Rights
The Services and all materials therein or transferred thereby, including, without
limitation, software, images, text, graphics, illustrations, logos, patents, trademarks,
service marks, copyrights, photographs, audio, videos, and music (the “HÖM Candle
Co.”), and all intellectual property rights related thereto, are the exclusive property of
HÖM Candle Co. and its licensors. Except as explicitly provided herein, nothing in
these Terms shall be deemed to create a license in or under any such intellectual
property rights, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from any HÖM Candle Co. Content. Use of the HÖM Candle Co.
Content for any purpose not expressly permitted by this Terms is strictly prohibited.
These Terms do not provide you with title or ownership of any Services or HÖM Candle
Co. Content, but only a limited right to use the same solely upon the terms expressly set
forth in these Terms.
3. Payment
HÖM Candle Co. uses a third-party payment processor (the “Payment Processor”) to
handle credit card transactions. The processing of payments will be subject to the
terms, conditions and privacy policies of the Payment Processor in addition to these
Terms. We are not responsible for errors by the Payment Processor. By utilizing the
Services, you agree to pay us, through the Payment Processor, in accordance with the
applicable payment terms.
4. Refund policy
a. Returns & Exchanges
i. All of our products are carefully inspected before they are shipped. We do not offer
refunds if the item(s) arrive(s) without damage, nor do we offer refunds for items that
have been used in any way.
ii. We will replace, or refund products damaged during shipment if photographic proof of
damage is submitted to us at info@homcandles.com within seven (7) days of delivery.
The buyer is responsible for shipping costs on all returned items.
iii. We offer free replacements for any incorrect items received or items that are
defective or damaged. To be eligible for a free replacement, you must notify us of the
incorrect, defective or damaged item within fourteen (14) days of delivery by sending us
an email at info@homcandles.com and we will send you instructions to complete your
exchange. We require photographic evidence that you received the incorrect item or
that it is defective.
iv. Additional items ineligible for refund:
Sale Items (including items purchased with a Discount Code)
Customized Items
Items marked “Non-returnable” on the product page
Gift Cards
Items returned more than 14 days after delivery
Lost or stolen items
Any item that has been used or is not in its original condition, is damaged or missing
parts for reasons not due to our error.
v. We do not offer refunds on orders where the tracking states it has been delivered. We
do offer reshipments.
vi. To complete your return, we require a receipt or proof of purchase.
b. Refunds
i. Once your return is received and inspected, we will send you an email to notify you
that we have received your returned item. We will also notify you of the approval or
rejection of your refund.
ii. If you are approved, then your refund will be processed, less the return shipping fees,
and a credit will automatically be applied to your original method of payment, within 5-10
business days. Please see our Return Process below.
iii. Late or missing refunds
If you haven’t received a refund yet, first check your bank account again. Then contact
your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact
us at orders@homcandles.com and we will help you sort it out.
c. Return Process
i. To request to return your product, please e-mail orders@homcandles.com and we will
provide you instructions on where to ship your product and how to complete your return.
ii. You will be responsible for paying the shipping costs for returning your item. Shipping
costs are non-refundable.
iii. Depending on where you live, the time it may take for your exchanged product to
reach you, may vary. If you are shipping an item over $75, you should consider using a
trackable shipping service or purchasing shipping insurance. We don’t guarantee that
we will receive your returned item.
iv. We reserve the right to modify our return and exchange policies at any time
5. Privacy
We care about the privacy of our clients. HÖM Candle Co.’s privacy practices are
governed by privacy policy, the most updated copy of which can be found at
https://www.homcandles.com/policies/privacy-policy ("Privacy Policy"). The Privacy
Policy does not cover the information practices exercised by any third parties that HÖM
Candle Co. does not own or control.
6. Security
HÖM Candle Co. cares about and takes very seriously the integrity and security of your
personal information. We take commercially reasonable administrative, physical and
electronic measures designed to safeguard and protect the Services, content, materials
and data therein from unauthorized access, use, modification, deletion and/or
disclosure. However, we cannot guarantee that unauthorized third parties will never be
able to defeat our security measures or use your personal information for improper
purposes. You acknowledge that you provide your personal information at your own risk.
7. Third-Party Links and Information
The Services may contain links to third-party materials that are not owned or controlled
by . HÖM Candle Co. HÖM Candle Co. does not endorse or assume any responsibility
for any such third-party sites, information, materials, products, or services. If you access
a third-party website or service from the Services, you do so at your own risk, and you
understand that these Terms and HÖM Candle Co.’s Privacy Policy do not apply to your
use of such sites. You expressly relieve HÖM Candle Co. from any and all liability
arising from your use of any third-party website, service, or content. Additionally, your
dealings with or participation in promotions of advertisers found on the Services,
including payment and delivery of goods, and any other terms (such as warranties) are
solely between you and such advertisers. You agree that HÖM Candle Co. shall not be
responsible for any loss or damage of any sort relating to your dealings with such
advertisers.
8. Indemnification
You agree to defend, indemnify and hold harmless HÖM Candle Co. (and its officers,
directors, agents, subsidiaries, joint ventures, employees and third-party service
providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and
damages of every kind and nature, known and unknown, including reasonable legal
fees, arising out of (a) your use of and access to the Services in violation of these
Terms; (b) your violation of any law or the rights of a third party; or (c) any use of the
products that caused injury or damage to yourself or a third party. This indemnification
obligation will survive the termination of these Terms and your use of the Services.
9. No Warranty
a. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS
PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. HÖM Candle Co. Brands, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE
OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT
THE SERVICES WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
b. HÖM Candle Co. MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE
SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT
NOTICE OR COST. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT
HÖM Candle Co. AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE
SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE.
c. IF YOU ARE DISSATISFIED WITH THE SERVICES AND/OR ANY PRODUCTS
PURCHASED THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE ITS OR THEIR USE.
d. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY
TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HÖM Candle Co. , ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES,
BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY
SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
THEORY OF LIABILITY, EVEN IF HÖM Candle Co. HAS BEEN APPRISED OF THE
POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HÖM Candle Co.
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
OR USE OF OUR SERVICES OR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL
HÖM Candle Co., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN
AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HÖM Candle Co.
HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS TERMS GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF
LIABILITY UNDER THIS TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED
BY APPLICABLE LAW.
11. Governing Law and Dispute Resolution
Governing Law; Limitation of Claims. This Agreement will be governed by and
construed in accordance with the laws of the State of Maryland. You agree that
regardless of any statute or law to the contrary, any claim or cause of action against
HÖM Candle Co. arising out of or related to this Agreement must be filed within one
year after such claim or cause of action arose or be forever barred.
Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR
RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND
HÖM Candle Co. HAVE AGAINST EACH OTHER ARE RESOLVED.
We strongly encourage you to first contact us directly to seek a resolution of any dispute
or claim by emailing info@homcandles.com. You and HÖM Candle Co. agree that any
and all disputes or claims that have or may arise between you and HÖM Candle Co.
shall be resolved exclusively through final and binding arbitration, rather than in court.
The arbitration will be conducted on a confidential basis pursuant to the Commercial
Arbitration Rules of the American Arbitration Association, as modified by this Agreement
to Arbitrate. The arbitration will be conducted before one commercial arbitrator with
substantial experience in resolving commercial contract disputes. Your rights will be
determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator
decisions are as enforceable as any court order and are subject to very limited review
by the court.
the arbitration will be confidential, and neither you nor we may disclose the existence,
content or results of any arbitration, except as may be required by law or for purposes of
enforcement of the arbitration award;
the arbitrator may award any individual relief or individual remedies that are permitted
by applicable law; and
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal,
then the balance of this arbitration provision will remain in effect and will be construed in
accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision
were not contained herein. If for any reason a claim proceeds in court rather than in
arbitration, the dispute will be exclusively brought in state or federal court in Maryland.
Expenses and Attorneys’ Fees. In the event any action is brought to enforce any
provision of these Terms or to declare a breach of these Terms, the prevailing party
shall be entitled to recover, in addition to any other amounts awarded, reasonable legal
and other related costs and expenses, including attorney’s fees, incurred thereby.
12. Termination
These Terms are effective unless and until terminated by either you or us. You may
terminate these Terms at any time by notifying us that you no longer wish to use our
Services, or when you cease using our website. If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these Terms, we
also may terminate these Terms at any time without notice and you will remain liable for
all amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
13. DMCA Notice
We respect the intellectual property rights of others, and we prohibit the uploading,
posting, transmitting, sharing, or otherwise making available any material that violates
another party's intellectual property rights. When we receive proper notification of
alleged copyright infringement, we may promptly remove or disable access to any
allegedly infringing material and may terminate any Account of any repeat infringer, in
accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your
own copyrighted work is accessible on the Services or any service in violation of your
copyright, then You may provide our designated agent with a written communication as
set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following
information:
Identify in sufficient detail the copyrighted work or intellectual property that you claim
has been infringed, so that we can locate the material.
Provide the electronic or physical signature of the owner of the copyright or a person
authorized to act on the owner's behalf.
Include a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
Include a statement by you that the information contained in your notice is accurate and
that you attest under the penalty of perjury that you are the copyright owner or that you
are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number, and email address. You may
submit your notification of Alleged Copyright Infringement by sending a letter to our
designated agent by email to info@homcandles.com or by mail to: HÖM Candle Co.
Attn: Ownership, 3701 Courthourse Dr., Unit 17, Ellicott City, MD 21043.
14. General
Notification Procedures and Changes to the Terms. HÖM Candle Co. may provide
notifications, whether such notifications are required by law or are for marketing or other
business related purposes, to you via email notice, written or hard copy notice, or
through posting of such notice on our website, as determined by HÖM Candle Co. in
our sole discretion. HÖM Candle Co. reserves the right to determine the form and
means of providing notifications to you, provided that you may opt out of certain means
of notifications. HÖM Candle Co. is not responsible for any automatic filtering you or
your network provider may apply to email notifications we send to the email address you
provide us. HÖM Candle Co. may, in its sole discretion, modify or update these Terms
from time to time, and so you should review this page periodically. When we change the
Terms in a material manner, we will update the last modified date at the bottom of this
page. Your continued use of the Services after any such change constitutes your
acceptance of the new Terms. If you do not agree to any of these terms or any future
terms, do not use or access (or continue to access) the Services.
Electronic Communications. Our communications with you via the Services use
electronic means, whether you visit the Services or send us an email, or whether we
post notices on the Services or communicate with you via email or text. For contractual
purposes, you consent to receive communications from us in an electronic form, and
you agree that all terms and conditions, agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement that
such communications would satisfy if it were in writing.
Entire Agreement / Severability. These Terms shall constitute the entire agreement
between you and HÖM Candle Co. concerning the Services. If any provision of these
Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms, which
shall remain in full force and effect
No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver
of such term or any other term, and HÖM Candle Co.’s failure to assert any right or
provision under these Terms shall not constitute a waiver of such right or provision.
Feedback. We may use any reports, comments, ideas and suggestions in any form
regarding the Services that you provide to us (collectively, the “Feedback”). You grant us
a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to
incorporate and use the Feedback in connection with any products and services.
Interpretation. Section headings are for reference only and shall not be construed as
substantive parts of the Terms. Each capitalized term used in these Terms shall have
the meaning attributed to it in any part of these Terms.
Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual
property, governing law, dispute resolution, limitation of liability and other clauses
including those provisions which by their terms contemplate survival shall survive the
termination or expiration of these Terms regardless of the cause of such termination.
These Terms of Use were last updated on March 26, 2026