Terms of Service – Candle Builder App
Effective Date: May 21, 2025
Candle Builders, LLC (“Candle Builders”)
27 Pleasant Street
Newfields, NH 03856
Email: help@candlebuilders.com
These Terms of Service (“Terms”) govern your access to and use of any apps, platforms, or services developed by Candle Builders, LLC (“Candle Builders”), including but not limited to the Candle Builder App (“App”), which enables sellers to create, order, and drop ship private label candles. By using the App, you agree to these Terms in full.
These Terms apply to all products and services offered through the Candle Builder App, including any current or future product types, features, or integrations offered by Candle Builders.
1. Intellectual Property Policy
We take intellectual property infringement seriously. Violators will have their accounts disabled, artwork deleted, and may be reported to the rightful rights holder or legal authorities.
1.1 You may not upload, create, or submit any product or design that violates the intellectual property rights of others. This includes but is not limited to trademarked material, copyrighted content, and violations under the Digital Millennium Copyright Act (DMCA). Copying or recreating the work of others without their permission, even if modified, is still considered infringement and is strictly prohibited.
1.2 If we discover that you are attempting to submit or sell designs that violate intellectual property laws, we will immediately terminate your API connection and access to all sales channels managed through Candle Builders. We monitor all artwork submitted, either manually or with the assistance of third-party tools, which may include AI-based systems. Even if no infringing products are published or sold, the act of uploading artwork that violates intellectual property rights is sufficient intent for us to take enforcement action, including account termination.
1.3 We will, without hesitation, provide all records (including order data, contact information, artwork files, and timestamps) to the legitimate intellectual property owner, but only with a valid court order.
1.4 Examples of brands that may not be used, referenced, or replicated include, but are not limited to: Nike, Disney, Star Wars, Marvel, Coca-Cola, NFL, NBA, MLB, Barbie, Hello Kitty, Pixar, Harry Potter, Apple, Google, Amazon, Starbucks, Lego, Minecraft, Pokemon, Adidas, Supreme, PlayStation, Xbox, Netflix, The Simpsons, WWE, Taylor Swift, Metallica, BTS, Nintendo, and any other registered or pending trademarks.
1.5 While certain uses of parody or satire may be protected under applicable law, Candle Builders reserves the sole right to reject, suspend, or remove any order or content at our discretion, regardless of a user's claim of fair use or parody. This includes artwork that may appear to imitate, reference, or parody known brands, people, or media.
1.6 If you submit artwork or content that includes intellectual property you do not personally own, but claim to have the legal right to use or produce based on a licensing agreement or other authorization, you must provide a copy of that agreement before using our App to create or produce any products. You must also provide written affirmation from the intellectual property owner confirming your rights. All documentation must be submitted to Help@CandleBuilders.com with the subject line “Intellectual Property Agreement.” Submission does not constitute approval. You may not proceed until Candle Builders has reviewed and approved your request in writing.
1.7 To report any intellectual property concerns or violations related to content submitted through our App, please contact us at help@candlebuilders.com.
2. Service Overview
2.1 The App allows users (“you,” “the seller”) to create custom private label candles, store product details, and place orders for fulfillment.
2.2 Orders placed through the App are produced and shipped by Candle Builders from our fulfillment facility.
2.3 The App integrates with third-party sales platforms, including but not limited to Shopify, Etsy, and Squarespace. These Terms apply to all API-based integrations, whether developed by you or Candle Builders, and whether those platforms are listed or unlisted.
2.4 You are also required to comply with the terms of service, usage policies, and any guidelines set by the third-party platforms with which you connect the App (e.g., Shopify, Etsy).
3. Data Use via API Integrations
3.1 By using the App and connecting it to your third-party sales platforms, you authorize Candle Builders to access and receive order-related data through API connections.
3.2 Candle Builders will only use API-received data to produce and ship your orders. We will not sell, lease, or share that data with any third party for any reason, except if required to comply with a lawful court order.
3.3 Due to the nature of API transfers, we may receive order data not related to products or services offered by Candle Builders. Such unrelated data is not used and is automatically deleted after 90 days.
3.4 All order data is stored securely. Order-related data, including customer information and shipping details, will be deleted after 90 days by default.
4. Refunds, Replacements, and Return Policy
4.1 Generally, our candles are custom made and not returnable or refundable.
4.2 Candle Builders may, at its sole discretion, offer a replacement or refund if:
– The wrong product is shipped;
– The product arrives damaged;
– The product arrives defective (e.g., crooked label, faulty appearance).
4.3 Any such issue must be reported to Candle Builders within 5 business days of the recorded delivery date.
4.4 Candle Builders will replace any products covered under Section 4.2. Refunds will only be issued upon request and at Candle Builders’ discretion.
4.5 If you resell Candle Builders’ products via wholesale to another business or third party, this voids your eligibility for any return, refund, or replacement through the App.
4.6 Candles are handmade in the USA. The poured wax may have natural variations and will not have a “machine-made” appearance. These aesthetic differences do not qualify for refunds or replacements.
4.7 Orders that are undeliverable due to customer error, such as providing an incorrect address or failure to receive the package, are not eligible for a refund. If the package is returned to Candle Builders, we will reship it upon request for the cost of shipping only. No additional product charge will apply.
4.8 This policy—and all other parts of this Terms of Service—do not apply to:
– Orders that are retail purchases;
– Orders placed directly through CandleBuilders.com;
– Orders placed directly with Candle Builders, LLC;
– Any wholesale or bulk wholesale orders;
– Orders placed through third-party wholesale platforms (e.g., Faire);
– Any retail or wholesale products sold on other websites or sales platforms that are owned by Candle Builders.
5. Contact and Communication
5.1 You must maintain accurate and up-to-date contact information, including an active email address.
5.2 Candle Builders may send you non-marketing emails related to your App connection, order activity, or account status. You may not unsubscribe from these operational communications.
6. App Scope and Restrictions
6.1 These Terms apply to the use of any apps, platforms, or related tools developed by Candle Builders, including current and future versions.
6.2 “Drop shipping” means you, the seller, use Candle Builders’ products and services to ship your branded private label candles directly to your customer, known as the end customer, with products purchased from Candle Builders at wholesale pricing.
6.3 These Terms do not apply to:
– Orders that are retail purchases;
– Orders placed directly through CandleBuilders.com;
– Orders placed directly with Candle Builders, LLC;
– Any wholesale or bulk wholesale orders;
– Orders placed through third-party wholesale platforms (e.g., Faire);
– Any retail or wholesale products sold on other websites or sales platforms that are owned by Candle Builders.
7. Disclaimer of Warranties
7.1 The App and all related services are provided “as is,” without warranty of any kind.
7.2 Candle Builders does not guarantee uninterrupted access, error-free functionality, or platform availability at any given time.
8. Third-Party Platform Integrations
8.1 The App may connect to third-party platforms such as Shopify, Etsy, Squarespace, and others. These connections are established via API and are governed by the terms of the respective third-party platforms.
8.2 These Terms apply to all integrations regardless of whether they are official, custom, or user-created.
9. Governing Law, Termination, and Liability
9.1 These Terms are governed by the laws of the State of New Hampshire, without regard to conflict of law principles.
9.2 Candle Builders may terminate this agreement, your access to the App, and all associated services or business relationships at any time and for any reason, with or without notice.
9.3 To the fullest extent permitted by law, Candle Builders shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App or related services. This includes—but is not limited to—cases where your business may suffer loss due to errors caused by us or you, such as failure to deliver an order, delays, or other performance issues.
9.4 In any claim or dispute resolved under these Terms, whether through arbitration or in court, the total liability of Candle Builders, including any related legal, court, or arbitration costs, shall not exceed $1000.
10. Legal Venue, Arbitration, and Privacy Policy
10.1 Any legal action or proceeding arising under these Terms will take place exclusively in the state or federal courts located in Rockingham County, New Hampshire. You consent to the jurisdiction of such courts.
10.2 By using the App, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Rockingham County, New Hampshire. You waive any right to a jury trial or to participate in a class action.
10.3 For details about how we collect, use, and protect your information, please review our Privacy Policy and our App Privacy Policy.
10.4 These Terms constitute the entire agreement between you and Candle Builders concerning the App and supersede any prior or contemporaneous communications.
10.5 If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
10.6 By continuing to use the App, you agree to all of the terms and policies outlined above.
Notice: These Terms of Service may be updated, modified, or replaced at any time, for any reason, and without prior notice. It is your responsibility to review them regularly. Continued use of the App after any change constitutes acceptance of the updated terms.
