Warranty and Limitation of Liability
- Warranty
Kinderbrook Home LLC (“Company”) warrants that the candles sold are free from defects in material and workmanship at the time of purchase. This warranty is valid for a period of ninety (90) days from the date of purchase. If the candle is found to be defective during this period, we will replace it or provide a refund, at our discretion, provided that the following conditions are met:
- The candle must be used according to the instructions provided.
- The candle must not have been altered, damaged, or misused.
- Proof of purchase is required.
With respect to any defective product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product free of charge, or (b) refund the purchase price of such product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Our responsibility for defective services is limited to repair, re-performance or refund as set forth in this warranty statement. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
This limited warranty starts on the date of your purchase and lasts for ninety days the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
To obtain warranty service, you must contact our Customer Service Department at info@kinderbrookhome.com.
- Disclaimer
This warranty is exclusive and in lieu of all other warranties, whether written or oral, express or implied. We disclaim all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, to the extent permitted by law.
- Contact Information
For warranty claims or questions about the candle, please contact our customer service department at: info@kinderbrookhome.com.
Please retain your receipt or proof of purchase as it will be required for any warranty claims.
- Limitation of Liability
To the fullest extent permitted by law, Kinderbrook Home LLC shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to damages for personal injury, property damage, or economic loss, arising out of or in connection with the use or inability to use the candle. Our total liability for any claim arising out of or relating to the candle shall not exceed the purchase price of the candle. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
- Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Kinderbrook Home LLC and you will not take place unless and until you have received your order confirmation email. Kinderbrook Home LLC reserves the right to reject and/or cancel any order even after the confirmation email, in which case a refund will be provided. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our Customer Service Department at info@kinderbrookhome.com.
- Shipments; Delivery
We will arrange for shipment of the products to you within thirty days. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed.
- Returns and Refunds
Kinderbrook Home LLC does not offer returns on any products, other than cancellations and warranty claims as set forth elsewhere on this Site. Where applicable, refunds are processed within seven days. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
- Privacy
We respect your privacy and are committed to protecting it. This website uses the Shopify platform in accordance with the Shopify Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. That policy is available at https://www.shopify.com/legal/privacy.
- Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. Any and all actions arising out of or relating to the use of this Website or of these Terms shall be exclusively brought within an appropriate forum within the geographic jurisdiction of the State of New York.
- No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kinderbrook Home LLC.
- No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement
Our order confirmation, these Terms, our Website Terms of Use (if any) and our Privacy Policy (if any) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.