Terms of Service

Effective Date: November 11, 2022

These Terms of Service (“Terms”) govern your access to and use of the DŪFLAMBÉ website, products, and services.

By accessing this website or purchasing any product from DŪFLAMBÉ, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the website or purchase products.


Scope of Terms

These Terms apply to all visitors, customers, users, and others who access or use the website.

These Terms govern the sale and use of all products offered by DŪFLAMBÉ including but not limited to:

• luxury candle décor
• clothing and apparel
• robes, kimonos, and garments
• bath and body products
• fragrances
• accessories
• decorative objects
• digital products
• gift cards
• limited edition releases
• custom designs
• future product categories


Retroactive Applicability

These Terms of Service apply retroactively and prospectively to all transactions, purchases, website access, and product use associated with DŪFLAMBÉ from the inception of the business on November 11, 2022, through the present date and into the future.

These Terms apply to:

• all past purchases
• all current purchases
• all future purchases
• all website access and use
• all products previously sold, currently sold, or sold in the future

This includes but is not limited to products sold through:

• the official DŪFLAMBÉ website
• online marketplaces
• social media storefronts
• direct sales channels
• promotional or event-based sales

Continued use of the website or use of any product sold by DŪFLAMBÉ constitutes acceptance of these Terms.


Eligibility

By using this website you represent that:

• you are at least the age of majority in your jurisdiction
• you have legal authority to enter into these Terms
• all information provided is accurate and complete


Account Responsibility

If you create an account on the website you are responsible for maintaining the confidentiality of your login credentials.

You agree to accept responsibility for all activities that occur under your account.


Website Use

You agree not to:

• violate any applicable laws or regulations
• infringe intellectual property rights
• distribute malware or malicious code
• scrape or harvest website data
• interfere with website security
• impersonate another individual
• attempt unauthorized access to systems

DŪFLAMBÉ reserves the right to terminate access to the website for violations of these Terms.


Product Availability

All products are subject to availability.

DŪFLAMBÉ reserves the right to:

• discontinue products
• limit product quantities
• restrict sales by region or customer
• modify product offerings without notice


Product Descriptions

DŪFLAMBÉ attempts to display product descriptions, images, and details as accurately as possible.

However:

• product colors may vary depending on device displays
• handcrafted products may vary in appearance
• decorative features may differ slightly between items

Such variations do not constitute product defects.


Pricing

All prices displayed on the website are subject to change without notice.

DŪFLAMBÉ reserves the right to correct pricing errors and cancel orders placed with incorrect pricing.


Orders

DŪFLAMBÉ reserves the right to refuse or cancel orders including but not limited to orders that appear:

• fraudulent
• unauthorized
• made by resellers or distributors
• inconsistent with normal consumer purchasing behavior


Payment

Payments are processed through third-party payment processors.

Accepted payment methods may include:

• credit cards
• debit cards
• digital payment services

DŪFLAMBÉ does not store full payment card information.


Shipping

Shipping timelines provided on the website are estimates and not guarantees.

Delays may occur due to:

• shipping carrier delays
• customs processing
• weather events
• global supply chain disruptions

Where permitted by law, risk of loss transfers to the purchaser upon delivery to the carrier.


Returns and Refunds

Returns and refunds are governed by the Return Policy available on this website.

DŪFLAMBÉ reserves the right to deny returns that do not comply with the Return Policy requirements.


Candle Product Safety

Certain products sold by DŪFLAMBÉ contain open flames and must be used responsibly.

Customers agree to follow all candle safety instructions provided with the product and on the website.

Improper candle use may result in injury or property damage.


Apparel Products

Clothing and garment products may vary in fabric texture, color, and fit.

Customers are responsible for reviewing sizing information before purchasing apparel.

DŪFLAMBÉ is not responsible for damage resulting from improper washing, drying, cleaning, or alteration of garments.


Bath and Body Products

Bath and body products are cosmetic products intended for external use only.

Customers are responsible for reviewing ingredient information prior to use.

DŪFLAMBÉ shall not be liable for allergic reactions, skin sensitivities, or adverse effects resulting from product use.

Customers should discontinue use immediately if irritation occurs.


Cosmetic Disclaimer

Bath and body products sold by DŪFLAMBÉ are not intended to diagnose, treat, cure, or prevent any medical condition.

Statements regarding product benefits have not been evaluated by the Food and Drug Administration.


Gift Cards

Gift cards are non-refundable and not redeemable for cash except where required by law.

DŪFLAMBÉ is not responsible for lost, stolen, or unauthorized use of gift cards.


Digital Products

Digital products are delivered electronically.

All digital sales are final unless otherwise required by law.


Intellectual Property

All content on the website including but not limited to:

• logos
• product designs
• images
• graphics
• text
• brand elements

is the exclusive property of DŪFLAMBÉ and protected by intellectual property laws.

Unauthorized reproduction or distribution of this content is prohibited.


User Generated Content

By submitting reviews, comments, photos, or other content to DŪFLAMBÉ, you grant the company permission to use such content for marketing or promotional purposes.


Third-Party Services

The website may include links to third-party services.

DŪFLAMBÉ is not responsible for the content, privacy practices, or policies of third-party providers.


Disclaimer of Warranties

Products and services are provided “as is” and “as available.”

DŪFLAMBÉ disclaims all implied warranties including:

• merchantability
• fitness for a particular purpose
• uninterrupted service
• error-free operation


Limitation of Liability

To the fullest extent permitted by law, DŪFLAMBÉ shall not be liable for:

• indirect damages
• incidental damages
• consequential damages
• lost profits
• loss of data
• property damage resulting from misuse

Total liability shall not exceed the purchase price of the product.


Assumption of Risk

Certain products carry inherent risks.

Customers voluntarily assume all risks associated with product use.


Indemnification

You agree to indemnify and hold harmless DŪFLAMBÉ and its owners, employees, and affiliates from any claims arising from:

• misuse of products
• violation of these Terms
• unlawful conduct


Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.


Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through informal negotiation.

If unresolved, disputes shall be resolved through binding arbitration where permitted by law.


Class Action Waiver

You agree that disputes will be resolved individually and not as part of any class action or representative proceeding.


Force Majeure

DŪFLAMBÉ shall not be liable for failure to perform obligations due to events beyond its reasonable control including:

• natural disasters
• supply chain disruptions
• government actions
• transportation failures
• acts of war or terrorism


Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force.


Right to Modify Terms

DŪFLAMBÉ reserves the right to update or modify these Terms at any time.

Continued use of the website constitutes acceptance of the revised Terms.


Contact Information

For questions regarding these Terms of Service, please contact:

DŪFLAMBÉ
Support@DUFLAMBE.com