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Terms of Service

The terms for using getthesmokeout.ca and buying from Smoke Out Candles.

[[DELETE THIS WHOLE NOTE BEFORE PUBLISHING]]

DRAFT. NOT LEGAL ADVICE. Prepared as a starting point for a WooCommerce page. Before publishing, have a Canadian lawyer review it, or check it against a reputable policy generator. Fill every [[PLACEHOLDER]] (search for [[) first.

Lawyer note (French / Quebec): This English draft is for the current English-first site (focused on provinces outside Quebec). French pages are not being built for now. If you sell to Quebec consumers, a lawyer should confirm whether French versions of the site, policies and standard-form contracts are still required under the Charter of the French Language.

Note for Rameet: if you're a Quebec business selling to Quebec consumers, these Terms are a contract of adhesion. The customer must be offered the French version first, and they can only agree to the English one after that. Quebec's Consumer Protection Act and Ontario's Consumer Protection Act, 2002 also require some details to be shown before checkout (your name, address, phone, email, total price with shipping and taxes, delivery date, cancellation/return terms) and a copy of the contract (the order email) within 15 days. Make sure your WooCommerce order-confirmation email includes these. Consumer law rights override anything below.

Last updated: [[DATE]]

1. About these Terms

These Terms apply to your use of getthesmokeout.ca and any purchase from 7110561 Canada Inc. ("Smoke Out Candles", "we", "us"), Boucherville, Quebec, getthesmokeout@gmail.com. When you place an order, you agree to these Terms, our Shipping Policy, Returns & Refund Policy and Privacy Policy.

2. Eligibility

You must be the age of majority in your province or territory to place an order, or have a parent's or guardian's permission.

3. Products

We try to describe and photograph products accurately. Colours on screen, wax colour, and how strong a scent seems can vary. Scent is personal and depends on room size, airflow and how long you burn the candle. Burn times (e.g. "up to 70 hours") are estimates under normal conditions.

Our candles are made to help neutralize smoke and everyday odours. Results vary with the type and strength of the odour, the room and ventilation. They are home-fragrance products, not air purifiers, cleaning products or medical devices, and they make no health claims.

4. Prices and taxes

  • All prices are in Canadian dollars (CAD).
  • Prices shown don't include tax. Applicable GST/HST, plus QST (Quebec) or PST (BC, Saskatchewan, Manitoba) where applicable, is calculated at checkout based on your shipping address.
  • Shipping is calculated at checkout (see our Shipping Policy).
  • We can change prices at any time, but changes won't affect orders already confirmed.
  • If a product is listed at a clearly wrong price because of an error, we'll contact you before shipping. You can pay the correct price or cancel for a full refund.

5. Orders, payment and acceptance

  • Your order is an offer to buy. We accept it when we send a shipping confirmation [[or: order confirmation. Choose one]].
  • Card payments at checkout are planned via Stripe or Square. You confirm you're authorized to use the payment method.
  • We may refuse or cancel an order (with a full refund) if a product is out of stock, a price or listing error occurred, we suspect fraud, or the order exceeds reasonable retail quantities. For bulk orders see Wholesale below.

6. Order cancellation by you

You can cancel any time before your order ships by emailing getthesmokeout@gmail.com. We'll refund you in full. After it ships, our Returns & Refund Policy applies (retail sales are final except for damage in transit reported within 7 days with picture proof). You also keep any cancellation rights your provincial consumer law gives you (for example, if your order isn't delivered within 30 days of the promised date).

7. Discount codes

Discount codes (including unique first-order 10% codes from the email signup or Woo Coupon Box popup) can't be combined unless stated, have no cash value, and are limited to one per customer / first order unless the offer says otherwise. Extra conditions or expiry dates, if any, are shown with the offer.

8. Candle safety and use at your own risk

Burning candles is an open flame. By buying our products you agree to use them responsibly and follow the safety instructions on the label and on our FAQ page, including:

  • Never leave a burning candle unattended. Keep it out of reach of children and pets.
  • Keep it away from drafts, anything flammable and other heat sources. Place it on a stable, heat-resistant surface.
  • Trim the wick to 1/8" (about 3 mm) before each burn. Don't burn for more than [[4]] hours at a time [[CONFIRM against label]].
  • Stop using it when ½" (about 1 cm) of wax remains. Don't use a cracked or chipped jar. The jar gets hot.
  • Burn incense in a proper holder on a heat-resistant surface, with ventilation.
  • Hang car fresheners (our Car Candle products are flame-free hanging car air fresheners, not wax candles) where they don't block your view or touch hot surfaces.
  • If you have fragrance sensitivities, allergies, asthma or respiratory conditions, or are pregnant, consider whether scented products are right for you.

To the extent the law allows, we are not responsible for damage or injury caused by misuse, by not following these instructions, or by leaving a candle unattended.

9. Limitation of liability

To the extent the law allows, our total liability for any claim about a product is limited to the amount you paid for it. We aren't liable for indirect or consequential losses. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived, or our liability for our own gross negligence or intentional fault.

10. Wholesale

Wholesale is available to retailers and businesses only. Minimum order $250, in cases of 12 units per scent. Payment is due on receipt of invoice, before goods ship, and we don't offer credit terms. Wholesale pricing isn't published. See Where to Buy or contact getthesmokeout@gmail.com.

11. Website content

All text, photos, logos and the "Smoke Out" / "Life Must Be Aromatic" branding belong to us or our licensors. You may not copy or use them commercially without permission.

12. Reviews and comments

If you submit a review or comment, you confirm it's honest and your own. You give us permission to display it on our site and social channels. We may remove content that's offensive, false, spam, or unrelated.

13. Governing law

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada that apply there. If you're a consumer, you keep the protection of the mandatory consumer laws of the province where you live, and you may bring a claim in the courts there.

14. Changes

We may update these Terms. The version in force when you place your order applies to that order.

15. Contact

7110561 Canada Inc. · Boucherville, Quebec · getthesmokeout@gmail.com

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