Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Windy City Scents LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Windy City Scents LLC.

Windy City Scents offers this website, including all information, products, tools, and services available through the site, conditioned upon your acceptance of these Terms of Service and any additional policies referenced on the site.

By visiting our website, purchasing from us, or otherwise using our services, you agree to be bound by these Terms of Service.

Please read these Terms carefully before accessing or using the website. If you do not agree with these Terms, you should not use the site or purchase our products.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

1. ONLINE STORE TERMS

By using this website, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have permission from a parent or legal guardian to use this site.

You may not use our products, website, or services for any illegal or unauthorized purpose or violate any applicable laws while using the site.

You may not transmit viruses, malware, destructive code, or otherwise interfere with the operation or security of the website.

We reserve the right to refuse service, cancel orders, restrict access, or terminate use of the site for violations of these Terms.

2. PRODUCTS AND LIMITED RELEASES

Windy City Scents produces small-batch home fragrance products, including limited-edition and exclusive releases.

Product availability is not guaranteed. Certain scents, products, sizes, or releases may be produced in limited quantities and may not be restocked once sold out.

We reserve the right to:

  • Limit quantities purchased by any customer or household.

  • Discontinue any product at any time.

  • Change product descriptions, packaging, pricing, availability, or specifications without notice.

  • Cancel or refuse orders that we believe were placed for unauthorized resale, fraud, or other improper purposes.

We make every reasonable effort to accurately display product colors, packaging, dimensions, and other details. However, variations may occur due to screens, photography, production batches, natural materials, or other factors.

Because our products are handcrafted or produced in small batches, minor variations between products may occur and are not considered defects.

3. PRODUCT USE AND CANDLE SAFETY

Customers are responsible for following all product instructions, warning labels, and candle safety guidance provided with their purchase.

Never leave a burning candle unattended. Keep candles away from children, pets, drafts, flammable materials, and heat-sensitive surfaces.

Windy City Scents is not responsible for damage or injury resulting from misuse of a product, failure to follow product instructions, or use of a product for a purpose other than its intended use.

4. PRICING AND PAYMENT

All prices are listed in U.S. dollars unless otherwise stated.

Prices, promotions, discounts, and product availability may change without notice.

We reserve the right to correct pricing, product information, promotional, or other errors at any time, including after an order has been submitted. If an error affects your order, we may contact you, modify the order with your approval, or cancel and refund the affected purchase.

You agree to provide accurate, complete, and current billing, shipping, contact, and payment information when placing an order.

5. ORDER ACCEPTANCE AND CANCELLATIONS

Submitting an order does not guarantee acceptance.

We reserve the right to refuse, limit, or cancel any order at our discretion, including orders that appear fraudulent, contain inaccurate information, involve payment issues, or appear to be intended for unauthorized resale.

If we cancel an order after payment has been processed, we will refund the amount charged for the canceled items.

Once an order has entered processing or shipping, we may not be able to modify or cancel it.

6. SHIPPING

Orders are subject to our Shipping Policy.

Once an order has been accepted by the shipping carrier, responsibility for delivery transfers to the carrier.

Windy City Scents is not responsible for carrier delays, lost or stolen packages, or packages marked as delivered by the carrier, and refunds will not be issued for these circumstances after the carrier has assumed responsibility.

Customers are responsible for providing a complete and accurate shipping address at checkout.

Please review our Shipping Policy for complete information regarding processing times, tracking, lost or stolen packages, and delivery issues.

7. RETURNS AND REFUNDS

All sales are final unless otherwise stated.

We do not accept returns or exchanges and do not issue refunds for change of mind, scent preference, or products that have been used.

If an order arrives damaged, defective, or incorrect, please contact us within the timeframe listed in our Returns & Refunds Policy.

Approved claims may be resolved through replacement, store credit, or refund at the discretion of Windy City Scents.

Please review our Returns & Refunds Policy for complete details.

8. GIFT CARDS

Windy City Scents gift cards may be offered in various denominations and may be redeemed toward eligible purchases through our website.

Gift cards:

  • Are not redeemable for cash except where required by law.

  • Cannot generally be returned or refunded after purchase.

  • May not be used to purchase additional gift cards unless permitted by our checkout system.

  • Should be treated like cash. Windy City Scents is not responsible for unauthorized use resulting from a gift card code being shared, lost, or stolen.

Any additional terms displayed at the time of gift card purchase also apply.

9. PROMOTIONS AND DISCOUNT CODES

Promotional codes, discounts, special offers, and other incentives may be subject to additional restrictions, expiration dates, minimum purchase requirements, product exclusions, or availability limitations.

Unless otherwise stated, promotions cannot be combined.

We reserve the right to modify, suspend, cancel, or refuse any promotion or discount where we believe it has been used improperly or contrary to its stated terms.

10. ACCURACY OF WEBSITE INFORMATION

We make reasonable efforts to ensure information on our website is accurate and current. However, errors, inaccuracies, or omissions may occasionally occur regarding product descriptions, pricing, inventory, promotions, shipping information, or other content.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information at any time.

Information provided on the website is for general informational purposes and may be updated without notice.

11. INTELLECTUAL PROPERTY

Unless otherwise stated, all content on the Windy City Scents website, including our brand name, logos, product names, photographs, graphics, packaging designs, written content, website design elements, and other materials, is owned by or licensed to Windy City Scents LLC and is protected by applicable intellectual property laws.

You may not reproduce, copy, distribute, modify, publish, sell, exploit, or use our content for commercial purposes without prior written permission.

12. USER CONTENT, REVIEWS, AND FEEDBACK

If you submit reviews, photographs, comments, feedback, suggestions, or other content to us, you represent that you have the right to provide that content and that it does not violate the rights of another person or entity.

We may remove or decline to publish content that we determine is unlawful, abusive, misleading, defamatory, infringing, obscene, fraudulent, or otherwise inappropriate.

You remain responsible for the accuracy and legality of content you submit.

13. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites or use third-party services, including Shopify, payment processors, shipping carriers, social media platforms, and other service providers.

We do not control these third parties and are not responsible for their websites, content, products, services, privacy practices, availability, or actions.

Your use of third-party services may be subject to separate terms and policies provided by those companies.

14. PERSONAL INFORMATION

Your submission and use of personal information through our website is governed by our Privacy Policy.

By using our website, you acknowledge that certain information may be processed by Shopify and other service providers necessary to operate our store, process transactions, fulfill orders, and provide services.

15. PROHIBITED USES

You may not use our website or its content:

  • For unlawful or fraudulent purposes.

  • To violate any federal, state, local, or international law.

  • To infringe upon our intellectual property rights or the rights of others.

  • To submit false, fraudulent, or misleading information.

  • To transmit malware or harmful code.

  • To collect or misuse personal information belonging to others.

  • To spam, scrape, crawl, phish, or interfere with the functionality or security of the website.

  • To engage in abusive, threatening, discriminatory, defamatory, or harmful conduct.

  • To attempt to circumvent security features or purchasing limitations.

We reserve the right to restrict or terminate access for violations of these Terms.

16. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, our website and services are provided on an “as is” and “as available” basis.

We do not guarantee that the website will always be uninterrupted, secure, error-free, or available.

Except where prohibited by law, we make no warranties, express or implied, regarding the website or services beyond those expressly stated by Windy City Scents.

Nothing in these Terms is intended to eliminate consumer rights that cannot legally be waived.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Windy City Scents LLC and its owners, employees, contractors, affiliates, service providers, and suppliers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the website, services, or products.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms limits liability that cannot lawfully be excluded or limited.

18. INDEMNIFICATION

You agree to indemnify and hold harmless Windy City Scents LLC and its owners, affiliates, employees, contractors, service providers, and agents from claims, damages, liabilities, costs, or expenses arising from your violation of these Terms, violation of applicable law, or infringement of another party's rights.

19. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

20. TERMINATION

These Terms remain effective while you use our website or services.

We may suspend or terminate your access to the website or services if we reasonably believe you have violated these Terms or engaged in fraudulent, unlawful, abusive, or otherwise prohibited activity.

Any obligations or liabilities incurred before termination will survive termination where appropriate.

21. ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Shipping Policy, Returns & Refunds Policy, and any other policies posted on our website, constitute the agreement governing your use of the Windy City Scents website and services.

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

22. GOVERNING LAW

These Terms and any separate agreements through which Windy City Scents provides products or services will be governed by applicable United States law and the laws of the state in which Windy City Scents LLC is legally organized, without regard to conflict-of-law principles, except where applicable consumer protection laws require otherwise.

23. CHANGES TO THESE TERMS

We may update or revise these Terms of Service from time to time.

The most current version will be posted on this page. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms to the extent permitted by law.

24. CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Windy City Scents LLC
Email: info@windycityscents.com