Terms of service
Terms of Service Last Updated: May 18, 2026
These Terms of Service (“Terms”) govern your access to and use of the website and online store operated by Funky Munchkin Candle Company (“we,” “us,” or “our”), including all related content, features, tools, products, and services (collectively, the “Services”). By accessing or using the Services, or by making a purchase, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
1. Overview
Funky Munchkin Candle Company sells handmade and curated candles and related products. We reserve the right to refuse service to anyone for any reason at any time. You must be at least the age of majority in your jurisdiction (typically 18) to use the Services. If you are using the Services on behalf of a company or entity, you represent that you have authority to bind that entity.
2. Products, Pricing, and Orders
- All product descriptions, images, and pricing are subject to change without notice. We reserve the right to limit or discontinue products at any time.
- We strive for accuracy but do not warrant that product descriptions, colors, scents, or pricing are error-free. If a product is mispriced or unavailable, we may cancel or modify your order and notify you.
- Orders are offers to purchase; we accept them by shipping the items. We may refuse or cancel orders for reasons including suspected fraud, errors, or unavailability.
- Candles and open-flame products are sold as-is. Burning candles involves inherent risks (fire, burns, soot, etc.). Always follow safety instructions on labels and common candle safety guidelines.
3. Payment and Shipping
- We accept payment through Shopify Payments and other methods displayed at checkout.
- All payments are processed securely. You authorize us (or our payment processor) to charge your chosen payment method for the total amount.
- Shipping times are estimates only. We are not responsible for delays caused by carriers, customs, or unforeseen events. Risk of loss passes to you upon shipment.
- Title to products transfers upon delivery to the carrier.
4. Returns, Refunds, and Exchanges
Returns and refunds are governed by our separate Refund Policy. Please review it before purchasing. Certain items (e.g., custom or opened candles) may be non-returnable for hygiene and safety reasons.
5. User Accounts
You may need to create an account to use certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts at our discretion.
6. Intellectual Property
All content on the Services (text, images, logos, product designs, photos, etc.) is owned by Funky Munchkin Candle Company or our licensors and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works without our prior written consent. You grant us a non-exclusive, royalty-free license to use any content you post (e.g., reviews or photos) for marketing and operational purposes.
7. Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose or to violate any laws (including consumer protection or product safety laws).
- Attempt to gain unauthorized access to the Services or interfere with their operation.
- Post false, misleading, or defamatory content.
- Resell our products commercially without permission.
- Transmit viruses, spam, or harmful code.
8. Disclaimers and Warranties
The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free, secure, or uninterrupted. Candle performance (burn time, scent throw, etc.) varies by environment and usage. We disclaim liability for any damages resulting from improper use, storage, or burning of our products.
9. Limitation of Liability
To the fullest extent permitted by law, Funky Munchkin Candle Company, its owners, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data loss, or personal injury from product misuse) arising from your use of the Services or products. Our total liability shall not exceed the amount you paid for the specific product or service giving rise to the claim. Some states do not allow these limitations, so they may not apply to you.
10. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, and expenses (including reasonable attorney fees) arising from your violation of these Terms, your misuse of products, or your infringement of any rights.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Indiana, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Hamilton County, Indiana. You agree to waive any jury trial rights where applicable.
12. Changes to These Terms
We may update these Terms at any time. We will post the revised version with a new “Last Updated” date. Continued use of the Services after changes constitutes acceptance of the new Terms.
13. Severability and Waiver
If any provision is held invalid, the remainder remains in effect. Our failure to enforce any right does not waive that right.
14. Contact Us
For questions about these Terms, please contact us at: Email: themunchkin@funkymunchkincandles.com Mailing Address: P.O. Box 356, McCordsville, IN 46055, US