Terms & Conditions

Last updated 29 July 2021.

Welcome to Kromara, LLC (“Kromara Candle”) provides website services and features to you subject to the following terms and conditions. If you shop or visit Kromara.com you accept these terms and conditions. Please read the following terms and conditions carefully before using this website. If you do not agree to these terms and conditions, please do not use this website.

Privacy and Security

Please review our Privacy and Security Policy, which also governs your visit to Kromara.com, to understand how we use and protect any information that you may give us when you use Kromara.com.

Copyrights

The entire content included in this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is copyrighted as a collective work under United States and international copyright laws, and is the property of Kromara, LLC. The collective work includes works that are licensed to Kromara, LLC. Any use, including but not limited to the reproduction, distribution, display, or transmission of the content of this website is strictly prohibited, unless authorized in writing by Kromara, LLC.

Trademarks

Unless otherwise indicated names, designs and logos within this website are the trademarks, service marks, or trade names of Kromara, LLC. All other unregistered and registered trademarks are the property of their respective owners. Any use of the trademarks, service marks, or trade names of Kromara, LLC on this website is strictly prohibited, unless authorized in writing by Kromara, LLC.

Payments

Kromara uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions.  The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.  We are not responsible for errors by the Payment Processor.  By utilizing the services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.

Ordering & Returns/Refunds

Please review our Ordering & Returns/Refunds Policy, which also governs your visit to Kromara.com, to understand ordering, returns and refunds terms and conditions when you order our products and use Kromara.com.

Warranty Disclaimer

This website and the materials and products on this website are provided “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kromara, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kromara, LLC does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes this website available are free of viruses or other harmful components. Kromara, LLC does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

IF YOU ARE DISSATISIFED WITH THE SERVICES AND/OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, YOUR SOLE AN EXCLUSIVE REMEDY IS TO DISCONTINUE ITS OR THEIR USE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KROMARA, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF KROMARA HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KROMARA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS;  (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (6) ANY ERRORS OR OMISSIONS  IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (7) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KROMARA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KROMARA.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Typographical Errors

If a Kromara, LLC product is mistakenly listed at an incorrect price, Kromara, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kromara, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kromara, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Termination of Terms and Conditions

These terms and conditions, or any part of them, may be terminated by Kromara, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Applicable Law, and Indemnification, shall survive any termination.

Notice

Kromara, LLC may deliver notice to you by e-mail, a general notice on the website, or by other reliable method to the address you have provided to Kromara, LLC.

Use of Website

Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kromara, LLC or other licensed employee, host, or representative, as well as other members or visitors on this website is prohibited. You may not upload to, distribute, or otherwise publish through this website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this website or use this website to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Kromara, LLC does not and cannot review all communications and materials posted to or created by users accessing this website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing us with the ability to view and distribute user-generated content on this website, Kromara, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this website. However, Kromara, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to Kromara, LLC in its sole discretion.

Applicable Law

This website is created, controlled, and maintained by Kromara, LLC in the State of Ohio. Accordingly, the laws of the State of Ohio shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies, and notices contained herein, all without giving effect to any conflict of laws principles. Kromara, LLC makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws. By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Ohio and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of Ohio and must be commenced no later than one year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website.

Indemnification

You agree to indemnify, defend, and hold harmless Kromara, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, demands, losses, liabilities, obligations, expenses, damages and costs of every kind and nature, known and unknown including reasonable attorney’s fees, resulting from or arising out of any violation of these terms and conditions or any activity related to you or any other person accessing this website.

Third-party Links

To provide increased value to our visitors, Kromara, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Kromara, LLC, Kromara, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kromara, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kromara, LLC seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Discounted Product

If any product is discounted for any reason, Kromara, LLC reserves the right to not issue rainchecks, backorders, or credits to customers. If at time of order, product is sold out, customer will either receive a credit or replacement though on an order-by-order basis. Promotions will not be combined with other offers, discounts, coupons, etc. unless otherwise specified. Coupon codes will apply to non-sale products (will not apply to already on-sale items and gift cards).

Special Offers

Quantities are often and limited to product on-hand. We reserve the right to terminate offers at any time.

Contest Eligibility

For Kromara, LLC to be able to reliably track prizes as they are sent to winners, contestants must reside in the contiguous 48 United States. Alaska and Hawaii addresses are not eligible. Contestants must be 18 as of their date of contest entry to participate. By entering any Kromara, LLC contest or promotion, contestants are stating that they are 18 years or older as of that date. Any contestants discovered to be underage will be disqualified.