PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
TERMS AND CONDITIONS
This document sets forth all of the terms and conditions of the sale by Maddison Avenue Candle Company, Inc. (MACC) of products and/or services to the Customer identified herein (Customer), and supersedes any inconsistent term or condition contained in any business form or written communication of the Customer. There are no other terms, written or oral than those herein, These terms and conditions may be modified only by a written document signed by both parties.
1. PRICES. All prices quoted:
(a) are valid for 30 days unless otherwise specified or revoked in writing by MACC,
(b) are F.O.B. point of origin of shipment unless MACC specifies otherwise,
(c) do not include off-loading,
(d) are based on current published freight rates and are subject to adjustment if freight rates change,
(e). Prices do not include excise, sales, or use taxes, and such taxes, which shall be added if applicable, and
(f) include domestic packing for rail or commercial shipment only.
2. TERMS OF PAYMENT.
Full payment is due before products will be released for shipment unless other arrangements are made between MACC and Customer, Customers will be invoiced at the time of order unless other arrangements have been made between MACC and the Customer.
If Customer fails to comply with terms of payment or sale, or if Customer’s financial responsibility becomes impaired or unsatisfactory to MACC, MACC may withhold further deliveries and/or require payment in advance and/or require security or guarantees for timely payment. Customer agrees to accept and pay for partial shipments. Unpaid shipping charges become part of the Customer’s past due balance, and must be paid in order to maintain an open account status. Unpaid balances will accrue interest from the date due until the date paid at the rate of 1 1/2 percent (1.5 %) per month or the maximum rate then permitted by law, whichever is less. All shipping cost given at time of order are estimates only. Customers agree that if after the products are made and packaged, the actual shipping cost more than the estimate, they will pay the rest of the shipping cost.
Unless MACC specifies otherwise, delivery will be made F.O.B. point of origin of shipment, and title and risk of loss shall pass to Customer upon shipment. When sold F.O.B. destination, MACC's responsibility for loss or damage terminates upon tender of delivery by the carrier. MACC shall not be liable for, and this order shall not be subject to cancellation, for delays caused by the shipper or other causes beyond MACC’s control.
Quoted shipment costs and/or delivery dates are estimates only, and are computed from the time all details are settled and all required approvals are received.
4. LIMITED WARRANTY.
With respect to each product (candle) sold to Customer pursuant to this Agreement, MACC warrants that (i) the Product when delivered to Customer shall comply with MACC’s production specifications and (ii) MACC has all right, title and interest in the Product necessary to sell the same to Customer the (Product Warranty). If any Product when delivered to Customer fails to meet the Product Warranty, MACC shall either replace the same, as MACC sees fit, at MACC’s cost, provided that the Product is returned to MACC at Customer’s expense within seven days of the date it is delivered to the Customer. MACC shall not be responsible for Product damage incurred during shipment. MACC makes no representation or warranty with regard to the Products or Services except the Product Warranty.
The obligations of MACC set forth in this Section 4 constitute Customer’s sole and exclusive remedies for any breach of or default by MACC with respect to the Products and Services and for any other claim which customer may have against MACC arising out of this Agreement.
Except as specifically set forth in Section 4, customer waives and releases all rights and remedies of customer, and all warranties, obligations and liabilities of MACC, express or implied, arising by law or otherwise, with respect to the products and/or services, including but not limited to any implied warranty, claim of infringement, claim in tort, whether or not arising in whole or in part from MACC’s fault, negligence or strict liability, or claim for any indirect, incidental, special or consequential damages, cover or any loss of data, profit, revenue or use.
6. LIMITATIONS OF LIABILITY.
MACC’s liability (whether in tort, contract, or otherwise; and notwithstanding any fault, negligence or strict liability of MACC), with regard to the Products and/or Services shall in no event exceed the compensation paid by Customer to MACC for the Product or Service in question. The compensation payable to MACC under the Agreement has been established in reliance on the provision of this Agreement limiting MACC’s liability exposure and allocating certain risks among the parties. Consequently, such provisions shall be construed broadly in favor of MACC.
Products may not be returned without MACC’s written consent. In no event may items be returned more than seven days after date of delivery. All returned material Products must be shipped freight prepaid, and the risk of loss will remain with the Customer until MACC receives the goods. Only Retail Products can be considered for return. With MACC’s written consent:
(a) Stock Products returned within seven days of delivery and in new and unused condition with original carton are subject to a 30 percent restocking fee: after seven days a 40 percent restocking fee.
(b) Return of candles not normally stocked by us, MACC (specifically custom orders) are subject to a 40 percent restocking fee plus charges for freight, inspection, clean-up and repair as required.
(c) Used or damaged products are not acceptable for return.
(d) Credit for new and unused items not returned in original cartons is further reduced by the cost of re-packing.
(e) Credit for non-stock items (wick dippers or candle accessories) not manufactured by MACC is based on the return policy of the manufacturer. Credit is not applied until approved and issued by the manufacturer.
(f) If an order is approved for return due to a pre-approved mistake on the part of our company, MACC only pays for shipping costs not to exceed original shipping amount.
Custom candle production may require a deposit equal to 50% of the order value. MACC may require a deposit on certain orders. Deposits may not be refundable.
Orders are not subject to complete or partial cancellation without MACC’s written consent and then only on terms which fully reimburse MACC for any loss.
10. ATTORNEY’S FEES.
If MACC employs legal counsel or a collection agency to enforce the terms and conditions stated herein, whether by asserting or defending a claim, Customer-shall immediately reimburse MACC for all attorneys fees, court costs and collection fees thereby incurred by MACC, in addition to all other sums due hereunder.
11. APPLICABLE LAW; VOID PROVISIONS.
These terms, conditions and covenants shall be governed by and construed in accordance with the laws of the State of Illinois.
Any action under or arising from this Agreement shall be brought only in the Illinois Superior Court for Coles County or the United States District Court for the Fifth Judicial Circuit (Fourth Appellate District), and Customer irrevocably consents to the jurisdiction and venue of said courts. If a provision hereof is declared void, the rest of the document shall remain in full force and effect and the void provision shall be deemed replaced with a valid and enforceable provision as similar as possible to the provision replaced.
12. ADDITIONAL IMPORTANT INFORMATION.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Maddison Avenue Candle Company INC. The collective work includes works that are licensed to Maddison Avenue Candle Company INC. Copyright 2003, Maddison Avenue Candle Company INC., ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Maddison Avenue Candle Company INC., or purchasing Maddison Avenue Candle Company INC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Maddison Avenue Candle Company INC. or to purchase Maddison Avenue Candle Company INC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, Maddison Avenue Candle Company INC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Maddison Avenue Candle Company INC. used in the site are trademarks or registered trademarks of Maddison Avenue Candle Company INC.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Maddison Avenue Candle Company INC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Maddison Avenue Candle Company INC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Maddison Avenue Candle Company INC. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
+Limitation of Liability
Maddison Avenue Candle Company INC. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Maddison Avenue Candle Company INC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Remember burning candles safely is your responsibility. We are not responsible for any misuse of our product. Maddison Avenue Candle Company INC. shall not be responsible for any injuries, damages or losses of any kind due to your use of any product purchased from Maddison Avenue Candle Company INC.
In the event that a Maddison Avenue Candle Company INC. product is mistakenly listed at an incorrect price, Maddison Avenue Candle Company INC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Maddison Avenue Candle Company INC. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Maddison Avenue Candle Company INC. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Maddison Avenue Candle Company INC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Maddison Avenue Candle Company INC. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Maddison Avenue Candle Company INC..
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Maddison Avenue Candle Company INC. products) shall be in the state or federal courts located in Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Maddison Avenue Candle Company INC. products) must be commenced within one (1) year after the claim or cause of action arises. Maddison Avenue Candle Company INC.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Maddison Avenue Candle Company INC. may assign its rights and duties under this Agreement to any party at any time without notice to you.
+Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Maddison Avenue or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Maddison Avenue Candle Company INC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Maddison Avenue Candle Company INC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Maddison Avenue Candle Company INC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Maddison Avenue Candle Company INC. in its sole discretion.
You agree to indemnify, defend, and hold harmless Maddison Avenue Candle Company INC., its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Maddison Avenue Candle Company INC. may link to sites operated by third parties. However, even if the third party is affiliated with Maddison Avenue Candle Company INC., Maddison Avenue Candle Company INC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Maddison Avenue Candle Company INC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Maddison Avenue Candle Company INC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Please note, sample orders do not qualify for private labeling.
We are a manufacturer and are not able to store abandoned orders. An order that is left for over 2 months is considered abandoned and therefore forfeited by the purchaser, and will be dispersed at the discretion of Maddison Avenue Candle Company, INC., either as samples, donations, or product testers. Please make certain all orders are claimed within 2 months of ordering. IF NOT, it is the buyers responsibility to resolve the forfeit by asking to have their products sent to them, even if not completed (such as labeling, etc.). Maddison Avenue Candle Company INC. does not and cannot review all order statuses so please make sure to have your products shipped accordingly. PLEASE NOTE: If for any reason you will not able to make communication with our company for delivery of your products for a 2 month period, then DO NOT place your order until you will be ready as you will forfeit all monies paid for said order.
The above terms, specifications and conditions are satisfactory and are hereby accepted. You are authorized to supply the product(s) as specified. Payment will be made per the terms specified herein. I understand that credit must be approved. I acknowledge that I have received and accept Maddison Avenue Candle Company, INC. Standard Terms & Conditions. I also acknowledge if this is an order placed through the MaddisonAvenue.com website or fax or via phone these terms are automatically agreed to.
1) Once an order leaves our factory, we are no longer responsible for what happens during transit, so issues need to be resolved with the carrier.
2) Claims for damaged merchandise must be reported within 2 business days of order delivery.
3) A 30% restocking fee will be charged on all canceled or returned orders that are approved by MACC.
4) We do not refund shipping charges.
5) We estimate the shipping costs when order is placed. At the time the products are ready to ship, you may owe additional shipping cost. Please do not order if you do not agree to pay for the rest of your shipping fees.
6) Returned Checks: There is a $45 service charge for all returned checks for any reason.
Your purchase from Maddison Avenue Candle Company INC. signifies your acceptance of the aforementioned information and policies.