Terms of service
OVERVIEW
Welcome to Two Guys Making Candles (“Two Guys,” “we,” “us,” or “our”). We operate this website and store, and provide all related information, content, features, tools, products, and services (collectively, the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies or documents referenced here (including our Privacy Policy and Return/Refund Policy), describe your rights and responsibilities when using the Services.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy (Privacy policy) and Return/Refund Policy (Refund policy). If you do not agree, do not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are the age of majority in your province/territory of residence, or you have parental/guardian consent for any minor dependents using the Services on devices you own or manage.
You may be asked to provide information (e.g., email, billing, payment, and shipping details). You represent and warrant that such information is accurate, current, and complete, and that you have the right to provide it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account.
SECTION 2 – OUR PRODUCTS (HANDMADE CANDLES)
We make every effort to display our products accurately. However, colours/appearance can vary due to device settings. Because our candles are hand-poured in small batches using natural wax and wood wicks, minor variations (e.g., frosting, slight colour/texture differences) are normal and not defects.
We do not warrant that any product will meet your personal expectations. Descriptions, pricing, and availability may change at any time without notice. We may discontinue or limit products or quantities at our discretion.
Safety Notice: Candles should be burned on a heat-resistant, stable surface, away from drafts, objects, pets, and children. Trim wood wicks before each burn. Never leave a burning candle unattended. Follow the safety label on each product. For product use and safety information, please visit our Candle Care page.
Allergies/Sensitivities. Our products may contain fragrance and essential oils. Discontinue use if irritation occurs.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. We may accept or decline any order at our discretion. Your order is not accepted until payment is processed and we send an order confirmation. We may be unable to accommodate cancellations after acceptance. If we decline or change an order, we’ll attempt to notify you using your submitted contact details.
Your purchases are subject to our Return/Refund Policy (Refund policy).
You represent that purchases are for personal/household use and not for resale unless we’ve approved you in writing as a wholesale customer.
SECTION 4 – PRICES, TAXES & BILLING
Prices (in CAD unless stated) may change without notice. The price charged is the price in effect at checkout and shown on your confirmation email. Prices exclude taxes (GST/HST and any applicable PST/QST), shipping, handling, customs/import charges, unless otherwise stated.
Promotions and discounts may be subject to additional terms. If there is a conflict, promo terms govern.
You agree to provide current and accurate payment/account details and authorize us (and Shopify’s payment processors) to charge your selected payment method for all amounts due.
SECTION 5 – SHIPPING & DELIVERY
Delivery times are estimates only and not guaranteed. We are not liable for delays caused by carriers, customs, weather, or events beyond our control. Risk of loss passes to you when we hand off to the carrier. Please ensure your shipping address is accurate—misaddressed orders may incur re-shipment fees.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services (text, images, graphics, logos, product names, designs, audio/video, selection/arrangement) is owned by Two Guys, our affiliates, or licensors and protected by applicable IP laws. You may use the Services for personal, non-commercial use only. No rights or licenses are granted except as expressly stated.
Our names, logos, product names, and designs are trademarks of Two Guys or our licensors. You may not use them without our prior written permission. Shopify names/logos are trademarks of Shopify.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools on an “as is” and “as available” basis without warranties or liability. Your use of such tools is at your own risk and subject to the third-party’s terms. Future features may also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may link to third-party sites or display third-party materials. We are not responsible for examining or evaluating such content, and we are not liable for any harm or damages arising from your use of third-party sites, products, or services. Review third-party policies before engaging in transactions with them.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Two Guys Making Candles is powered by Shopify, which enables us to provide the Services. However, sales and purchases are made directly with Two Guys. By using the Services, you acknowledge and agree that Shopify is not responsible for your transactions with Two Guys and you expressly release Shopify and its affiliates from claims arising from such transactions.
SECTION 10 – PRIVACY
Personal information collected through the Services is governed by our Privacy Policy (Privacy policy) and may also be processed under Shopify’s Privacy Policy (see Shopify). By using the Services, you acknowledge you’ve read these policies. Because we are hosted on Shopify, information you submit may be transmitted to, processed by, and stored with Shopify and service providers in other countries. See our Privacy Policy for details.
SECTION 11 – FEEDBACK & REVIEWS
If you submit any ideas, reviews, photos, suggestions, or other content (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, publish, modify, and display such Feedback for any purpose, including to promote the Services.
You represent that you own or have rights to the Feedback and that your submission complies with applicable laws and these Terms. We may monitor, edit, or remove Feedback we deem objectionable or unlawful, but we are not obligated to do so.
SECTION 12 – ERRORS & OMISSIONS
Occasionally there may be information on the Services that contains typographical errors or inaccuracies (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct and update information or cancel orders if information is inaccurate, at any time without notice (including after submission).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to: violate laws; infringe IP rights; harass or harm others; transmit false/misleading content; upload malware; spam; impersonate; scrape; or interfere with security features. We may suspend or terminate access for violations at our discretion.
SECTION 14 – TERMINATION
We may terminate or suspend the Services or your access at any time without notice. You remain liable for amounts due up to the termination date. Sections intended to survive termination will continue to apply (e.g., IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Governing Law).
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY TWO GUYS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IF SO, THOSE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TWO GUYS, SHOPIFY, OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, DATA; OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) AT ISSUE IN THE 3 MONTHS PRECEDING THE CLAIM, OR CAD $100, WHICHEVER IS GREATER. SOME JURISDICTIONS LIMIT SUCH EXCLUSIONS; IF SO, THEY APPLY TO THE MAXIMUM EXTENT PERMITTED.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Two Guys, Shopify, and our affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from claims, losses, and expenses (including reasonable legal fees) arising from: (1) your breach of these Terms or referenced documents; (2) your violation of law or third-party rights; or (3) your use of the Services or products. We may assume the defence at your expense; you will cooperate as reasonably requested.
SECTION 18 – SEVERABILITY
If any provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will continue in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right is not a waiver. These Terms, together with the policies referenced, constitute the entire agreement between you and us regarding the Services, superseding all prior communications. Ambiguities will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without notice.
SECTION 21 – GOVERNING LAW & JURISDICTION (CANADA)
These Terms and any disputes arising out of or relating to the Services or products are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You and Two Guys agree to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page. We may update these Terms by posting changes on the website, with material changes notified as required by law. Changes are effective on the date specified. Your continued use after changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms should be sent to info@twoguysmakingcandles.ca.
Business Details:
Trading Name: Two Guys Making Candles
Email: info@twoguysmakingcandles.ca
Business Address: Toronto, Ontario, Canada
(Mailing address available upon request)
Wholesale. Wholesale purchases are subject to separate written terms. Absent such terms, these Terms apply.