Terms of service
OVERVIEW
This website is operated by Sole Proprietorship Elena Goltsov. Throughout this website, the terms “we,” “us,” “our,” and “Capital Candles” refer to Sole Proprietorship Elena Goltsov. Sole Proprietorship Elena Goltsov offers this website, including all information, tools, and services available on this website, to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated here.
By visiting our website and/or making a purchase from us, you use our "service" and agree to be bound by the following Terms and Conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
All new features or tools added to the current shop are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Continuing to use or access the website after revisions are posted constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – CONDITIONS FOR ONLINE SHOP
By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit worms or viruses or any code of a destructive nature.
Any breach or violation of any of the Terms will result in an immediate termination of the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your information (excluding credit card information) may be transmitted unencrypted and involve (a) transmissions over various networks, and (b) modifications to conform and adapt to technical requirements of connected networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance you place on such information is strictly at your own risk.
This site may contain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
Shopify shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the shop. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card, and orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or refuse any order that appears to us to be placed by resellers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Please review our Returns Policy for more details.
SECTION 7 – ADDITIONAL TOOLS
We may provide you with access to third‑party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third‑party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms upon which the tools are provided by the relevant third party(ies).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 – THIRD‑PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third‑party links on this site may direct you to third parties that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third‑party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any damage or loss related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the policies and practices of the third party thoroughly and ensure that you understand them before engaging in any transaction.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain submission(s) (for example, contest entries) or without our request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”) via online, email, postal mail, or otherwise, you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall not be required to: (1) hold comments in confidence; (2) pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory, libelous, offensive, illegal, or otherwise objectionable or obscene material, nor contain any computer viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third party.
SECTION 10 – PERSONAL DATA
The submission of personal data through the shop is governed by our Privacy Policy. Please review our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping fees, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at our sole discretion and without notice (even if we have already received your order).
We undertake no obligation to update, change, or clarify information in the Service or on any related website, including pricing information, unless required by law. No specified update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions outlined in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purposes;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) to collect or track the personal data of others;
(i) for spam, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) for any obscene or immoral purposes; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that your use of the Service or the inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless otherwise expressly specified by us) provided “as is” and “as available” for your use, without warranties neither express nor implied, and without conditions of any kind, including implied warranties of merchantability, fitness for a particular purpose, durability, legality, or non‑infringement.
To the maximum extent permitted by applicable law, in no case shall Capital Candles, our directors, officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to lost profits, revenue, savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, or otherwise, arising out of your use of the Service or any products obtained through the Service, even if advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the greatest extent permitted by law in those jurisdictions.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Capital Candles and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination for all purposes.
These Terms are effective unless and until terminated by 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 discretion you fail to comply with any term or provision of these Terms, we may terminate this Agreement immediately, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms, along with any policies or operating rules posted by us on the website or in respect to the Service, constitute the entire agreement and understanding between you and us regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of North Rhine‑Westphalia (NRW), Germany.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms should be sent to us at info@capitalcandles.de