Goose Creek Candles Terms of Use

Last Updated: October 23, 2024

1. Welcome to the Goose Creek Candles, LLC website and mobile application (collectively referred to as the “Site”). Goose Creek Candles, LLC may hereafter be referred to as “Goose Creek,” “we,” “our,” or “us”. The Site is currently being provided free-of-charge to you, subject to your acceptance of our Terms of Use and Privacy Policy (collectively referred to as our “Terms and Conditions”). By accessing this Site, you agree to our Terms and Conditions. We reserve the right to change and revise these Terms and Conditions from time to time as we see fit and without prior notice. If you violate the terms of this Agreement, you will have your access canceled and you may be permanently banned from using the Site. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.

 

2. Using the Site constitutes your acceptance of both our Terms of Use and Privacy Policy (“Terms and Conditions”), whether you have read them or not.   We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

 

3. PLEASE TAKE NOTICE:

 

1. READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AND PURCHASE OF ANY PRODUCTS FROM OUR COMPANY. A REFERENCE TO “TERMS AND CONDITIONS,” ANYWHERE IN THIS DOCUMENT SHALL BE INTERPRETED TO INCLUDE THIS TERMS OF USE AND OUR PRIVACY POLICY.

 

2. THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION AND ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN A COURT PROCEEDING. PLEASE REVIEW THOSE SECTIONS CAREFULLY.

 

4. Use of the Site: You agree to use the Site only for lawful purposes and in accordance with these Terms. You are prohibited from using the Site in any manner that violates any applicable federal, state, local, or international law or regulation.

 

5. Privacy Policy: Please review our Privacy Policy for more information about how your information is used while using our site or ordering from us: https://goosecreekcandle.com/pages/privacy-policy

6. Intellectual Property Rights:  

 

1. By accessing the Site, you acknowledge that it contains graphics, code, information, data, software, photographs, videos, typefaces, music, sounds, and/or other material that are protected by copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights, and that rights are valid and protected in all forms existing now or yet to be developed. Permission is granted to electronically copy and print hard copies of pages from these websites solely for personal, non-commercial purposes related to the placement of an order.

 

2. Limited License: Goose Creek grants you a limited, non-exclusive, revocable license to access and use the Site for personal, non-commercial purposes. You may not modify, copy, distribute, or exploit any part of the Site without prior written consent from Goose Creek.

 

7. Disclaimer of Warranties: The Site is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. The Site may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information, including pricing, at any time without prior notice. Further, we reserve the right to refuse or cancel any orders at our discretion, including those containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the rejected purchase and your order is canceled, we shall promptly issue a credit to your credit card. We apologize for any inconvenience.

 

8. Limitations of Liability:

 

1. ALL CONTENT ON THE SITE IS PROVIDED "AS IS" AND ALL USE OF THE SITE IS AT YOUR OWN RISK. Neither our company nor any of our vendors or suppliers warrant the accuracy, integrity, or completeness of any content provided on the Site. Further, the Site is applicable for use in the United States alone.

 

2. Under no circumstances shall we or our vendors or suppliers be liable for any damages that result from the use of or inability to use the Site, including but not limited to mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, any failure of performance, communications failure, theft, destruction or unauthorized access to goosecreekcandle.com records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site.

 

3. IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

 

9. Accessing the Site: You may not download or modify any portion of the Site without our express written consent. This includes, but is not limited to, any commercial use of goosecreekcandle.com or its contents by you or for a third party, any collection and use of our product images, listings, descriptions, and/or prices, or any use of data gathering and extraction tools, including data mining and robots. The Site may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without our express written consent.

 

10. Your Account and Password: To access certain features of the Site, you may be required to create an account. By using the Site, you agree that you alone are responsible for maintaining the confidentiality of your account information and password and that you alone are responsible for anyone accessing your computer. Further, you agree that you alone accept responsibility for all activities that occur under your account or password. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders placed, at our sole discretion.

 

11. User Contributions:   You agree that all location information, descriptions, text, files, images, photos, video, sounds, or other materials (“Content”) that you submit or post on the Site are your sole responsibility. Goose Creek may not be used to display Content that violates the law or the rights of any third party. Any Content you submit for display, including sensitive personal or corporate information including social security numbers, credit card numbers, trade secrets, cryptographic keys, passwords, access credentials, medical records, financial records etc., shall be considered publicly available information once submitted. You alone are responsible for all the Content posted from your account.

 

12. Third-Party Links: Our Site may contain links to third-party websites or services that are not owned or controlled by Goose Creek. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms of use and privacy policies of any third-party sites you visit.

 

13. Termination of Account: We may terminate your access or suspend your right to access all or part of the Site, without notice, at our discretion, including for any conduct that we believe is in violation of any applicable law or the rights of our company or any third party.

 

14. Submissions: Any suggestions, ideas, messages or data you submit by to us through this website or other affiliated websites shall be and remain the exclusive property of Goose Creek Candle Inc. Therefore, we discourage you from submitting information that you do not want our company to have, including confidential information or original creative materials such as product ideas. YOUR SUBMISSION OF SUCH INFORMATION SHALL CONSTITUTES AN AGREEMENT THAT GOOSE CREEK CANDLE INC. HAS ALL WORLDWIDE RIGHT, TITLE AND INTEREST IN AND TO ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE INFORMATION. Goose Creek Candle Inc. may use, copy, modify, disclose, and distribute any of the information for any purpose without restriction or compensation in any way to you.

 

15. Indemnification: You agree to indemnify and hold harmless Goose Creek, its affiliates, associates, and their respective officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney's fees) arising out of your use of the Site or your violation of these Terms.

 

16. Goose Creek Messaging Terms & Conditions:

 

1. You agree to receive recurring automated promotional and personalized marketing (e.g. cart reminders) text messages from Goose Creek, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate (“Messaging”). Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Text the keyword STOP to unsubscribe.

 

2. Message frequency will vary. Goose Creek reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Goose Creek also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.

 

3. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Goose Creek its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

 

4. You also agree to Goose Creek Terms of Use and Privacy Policy. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

 

5. Cancellation: Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Goose Creek and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Goose Creek through any other programs you have joined until you separately unsubscribe from those programs.

 

6. Help: Text the keyword HELP to our number to return customer care contact information.

 

7. Customer Care: If you are experiencing any problems, please contact us here.

 

8. Privacy: If you have any questions regarding privacy, please read our Privacy Policy: https://goosecreekcandle.com/pages/privacy-policy

 

9. Disputes: Any disputes arising out of or in any way related to our Messaging Terms and Conditions are subject to the governing law and dispute resolution provisions found in Section 17 below.

 

17. Governing Law, Subject Matter and Personal Jurisdiction, and Dispute Resolution:

 

1. By accessing the Site or agreeing to Messaging, you agree to be subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions. You also consent to the personal jurisdiction of a court of competent jurisdiction in the Commonwealth of Kentucky.

 

2. Except for claims Goose Creek may bring against any you for violations of Section 4 (Use of Site), Section 6 (Intellectual Property Rights), or Section 9 (Accessing the Site), all disputes will be resolved per Sections 17.3 and following.

 

3. In the interest of resolving disputes between you and Goose Creek in the most expedient and cost-effective manner, you agree that any dispute arising out of or in any way related to our Terms and Conditions will be resolved by binding arbitration before the American Arbitration Association in the State of Kentucky. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

 

4. YOU MAY BRING CLAIMS AGAINST US ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Goose Creek agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

5. Any arbitration between you and Goose Creek will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by our terms herein, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778- 7879, or by contacting Goose Creek. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

6. Notice & Process: If you or Goose Creek intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Goose Creek address for Notice is: 1498 S, Wallace Wilkinson Blvd, Liberty, KY 42539, USA, Attn: Chief Executive Officer. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and Goose Creek will make good faith efforts to resolve the claim directly, but if you and Goose Creek do not reach an agreement to do so within 30 days after the Notice is received, you or Goose Creek may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Goose Creek must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

 

7. Fees: If you commence arbitration in accordance with these Terms, and subject to the exceptions below, Goose Creek will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance- based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules.

 

1. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Goose Creek for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

 

2. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Goose Creek agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Goose Creek made within 14 days of the arbitrator's ruling on the merits.

 

3. Severability: If an arbitrator decides that any provision of our Terms and Conditions is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder shall remain in full force and effect.

 

18. Miscellaneous:  

 

1. Entire Agreement. The Terms and Conditions constitute the entire agreement between you and Goose Creek Candle with respect to the Site and Messaging. The Terms and Conditions supersede all prior communications and proposals, whether electronic, oral or written between you and Goose Creek Candle with respect to the Site and Messaging.

 

2. Modification of Agreement. No modification of our Terms and Conditions shall be effective unless done so by Goose Creek Candle or its representative.  

 

3. Severability. If any provision of our Terms and Conditions is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder shall remain in full force and effect.

 

4. Reservation of Rights: We reserve all rights not expressly granted to you.

 

5. No Waiver: Our failure to exercise or enforce any right or provision of our Terms and Conditions will not constitute a waiver of such right or provision.

 

6. Assignment: You may not assign our Terms and Conditions or any rights or obligations hereunder without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these terms and the rights and obligations hereunder, to any third party without notice or consent, including in connection with a merger, acquisition, or sale of assets by Goose Creek, by operation of law or otherwise. Subject to the foregoing, our Terms and Conditions will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

 

7. No Rights in Third Parties: Subject to 18.6 and other such provisions, nothing expressed or referred to in our Terms and Conditions will be construed to give any individual or entity other than the parties to these terms any legal or equitable right, remedy or claim under or with respect to these terms or any provision of this Agreement.

 

8. Survival: Upon termination of your use of our Site or Messaging or termination of our Terms and Conditions for any reason, the following sections will survive termination: Sections 1, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, and 19.

 

19. Updating our Terms and Conditions:

 

1. Goose Creek may need to update our Terms and Conditions from time to time, and reserves the right to make such updates, so we encourage you to check them periodically for updates.

 

2. Goose Creek will attempt to provide you with reasonable advance notice of any changes that materially adversely affect your use of our Site and Messaging sending an email, providing notice through Goose Creek Customer Service, or by similar means. However, if Goose Creek needs to make changes to our Terms and Conditions for legal, regulatory, fraud and abuse prevention, or security reasons, Goose Creek may make those changes with immediate and effect and without notice, even if those changes may materially affect your experience.

 

3. By continuing any access or use of our Site and/or Messaging or interacting with Goose Creek after notice of any update to our Terms and Conditions or after we post such updated Terms and Conditions, you agree to be bound by the Terms and Conditions, as amended.

 

4. If you do not agree to the amended Terms and Conditions, your sole and exclusive remedy is to terminate your use of our Site and/or Messaging.

 

5. Any new features, services or tools which are added to our Site or Messaging will also be subject to these Terms and Conditions, unless indicated otherwise.

 

20. Customer Care: If you are experiencing any problems, please visit https://goosecreekcandle.com/pages/contact-support and submit the form with details about your problem or your request for support, or email us here. 

21. Contact Information: If you have any questions about our Terms and Conditions, please contact us here.