TERMS AND CONDITIONS
SALE TERMS AND CONDITIONS
Welcome to www.pjcolorsandscents.com (the “Website”). Your use of the Website to purchase goods and merchandise found on the Website is subject to your acceptance of these Sale Terms and Conditions and the Website’s separate Privacy Policy and Terms of Use (collectively the “Policies”). You should carefully read these Sale Terms and Conditions and the other Policies before using this Website. By using the Website, you agree to be bound by and accept these Sale Terms and Conditions and the other Policies. If you do not agree to these Sale Terms and Conditions and the other Policies, do not use this Website. This Website is the sole property of Pepper Jane's Colors and Scents (the “Company,” “Pepper Jane's Colors & Scents,” “Pepper Jane LLC,” "Pepper Jane's" “we,” “our” or “us”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Sale Terms and Conditions or the other Policies. You agree not to use this Website in any manner which could damage, disable, overburden, or impair this Website or which would interfere with any other party’s use of this Website. You hereby assume all risks associated with the use of this Website and should not rely upon any content or materials on this Website (the “Content”) for any reason whatsoever.
Pepper Jane's LLC is a privately-held, family-owned company located in Raleigh, North Carolina. We service the candle, soap, cosmetic, and toiletries industries with raw ingredient supplies. The staff at Pepper Jane's LLC is collectively focused on building win-win relationships with our customers. Pepper Jane's LLC is dedicated to providing you with the highest-quality products at competitive prices. We understand the importance of receiving your supplies promptly, and whenever possible, we ship within 48 hours, although we cannot guarantee this. Your questions, comments and suggestions are very important to us. We encourage you to contact us for assistance anytime pepperjanenc@gmail.com. We are honored to be your supplier of choice.
TAX EXEMPTION
VERY IMPORTANT! Tax Exempt Customers Across America: We have a tax nexus in various states and are now required by law to collect sales tax for orders we receive from those states. If you would like your Pepper Jane's LLC account to be tax exempt, you must provide us with a copy of a completed Blanket Exemption form via email to: pepperjanenc@gmail.com. We do not grant tax exemption status until we have this form on file in our office, and that form is filled out correctly and completely. Once we have your tax exemption form on file, we will mark your account as tax exempt for all future orders. We cannot refund tax collected on orders once they are paid. You can prevent further tax collection on your orders by promptly sending us PROOF of your tax exemption. Please do so right away.
AGE LIMIT
In order to utilize the Website, you must be 18 years of age or older, or if under age 18, you must have your parent’s or guardian’s permission. By using the Website, you hereby represent and warrant to the Company that you are in fact 18 years of age or older or you have your parent’s or guardian’s permission.
ACCOUNT INFORMATION
While you may choose to check out as a guest, creating a login account saves time by pre-filling orders with your relevant contact information. Your Login Account will also give you access to your previous orders. In creating your Login Account, you agree to the following: (a) to provide the Company with accurate, current and complete information about you as required by the various forms on the Website (“Account Information”); (b) to maintain with reasonable diligence, the security of any password or username for the Website; (c) to notify the Company in writing as soon as possible of any alleged unauthorized use of your username and password, Login Account or the Website; (d) to unconditionally accept any and all responsibility for all use and activities that occur on your Login Account or under your username and password; and (e) to accept any and all risks of unauthorized access to your Login Account and your Account Information, and/or any other information you submit to the Company.
ORDERS AND SHIPPING
You may utilize the Website to order goods and merchandise offered by the Company. We do not require any minimum order. The Company reserves the right to refuse acceptance of any order, or to otherwise cancel any order for the Company’s convenience or otherwise, in its sole and absolute discretion, without penalty.
We use reasonable efforts to process and ship orders within 48 hours, but we do not guarantee it. During our busy season (September 1-December 20), orders may take several days to process and ship due to order volume.
When an order is placed, it is considered "New Status". When the purchase price is paid through your Payment Account (defined below), your order is considered "Processing Status". Finally, upon processing, orders enter the "Shipped Status", and are given tracking numbers. You will be emailed the tracking numbers when your order is shipped. You will be able to track your packages (after 5:00 pm) through the email you receive.
We do NOT have a printed catalog.
PRICING
The pricing for each product shall be clearly displayed on the Website at the time you purchase the products from the Company on the Website. We reserve the right to change pricing.
PAYMENT
Goods can be purchased by you through the Website by credit card (currently accepted are American Express®, Discover®, MasterCard® and Visa®), by debit card, by using your PayPal® account, or by using any other method of payment authorized on the Website at the time of order (each a “Payment Account”). By using a Payment Account with the Website, you represent and warrant to the Company that (a) you are the holder of the Payment Account submitted for approval to the Company; (b) the Payment Account billing information is correct, current and complete; and (c) you authorize the Company to charge the provided Payment Account for the total amount of the purchase, plus any shipping and taxes, for which you have submitted the Payment Account.
No CODs or checks are, or will be, accepted. We are not responsible for delays in order processing due to declined Payment Accounts.
SHIPMENT
Title in and risk of loss for all goods sold on the Website shall pass to you upon delivery of the goods to carrier F.O.B. the Company’s facility and/or warehouse. All packages will be shipped with tracking information. (Once a package shows delivered by the carrier, Pepper Jane's LLC is no longer responsible.) All shipping costs shall be your sole responsibility unless otherwise noted when ordering. For any merchandise that is returned to the Company due to an incorrect address provided by you, you shall be responsible for all additional shipping costs incurred by the Company and you hereby authorize the Company to charge your Payment Account for such additional shipping costs.
All shipping is currently done through USPS and UPS, although the Company reserves the right to change this at any time. You are solely responsible for all shipping and delivery costs for the delivery method selected by you when placing your order. You authorize us to bill such shipping and delivery costs to your Payment Account. You may select your preferred shipping method during checkout and view shipping charges prior to payment. If you have purchased $50 or more in merchandise and select free shipping, we reserve the right to ship using the most cost effective method.
DELIVERY
All of our merchandise is inspected for damage prior to shipping. If you receive products that were damaged during transit, email us at pepperjanenc@gmail.com to report the damage, and we will assist you in placing a damage claim with carrier who made your delivery. Please provide us with photographs of the damage to assist with the claim. In the event that your product is damaged and we are not reshipping the product, we will issue a store credit for the damaged products.
The Company will not be held responsible for lost or stolen merchandise, including, without limitation, any lost or stolen merchandise that resulted from you choosing to allow delivery of your order without a signature. If you find that your package has been lost or stolen, contact us at pepperjanenc@gmail.com, and we will assist you in making a claim and/or placing a tracer on your package. Please be advised that tracers and other requests only initiate investigation into delivery issues and can take weeks to progress or be resolved. If it is discovered that your package was stolen, we suggest that you file a police report with your local police department.
RETURN POLICY
Our goal is not to just make a sale, but to gain a lifelong customer. We stand behind our products, but certainly understand that due to the highly subjective nature of scent or a color, there may be the need for an occasional return. We pride ourselves in offering a fair return policy.
The following products qualify for a free return within 14 days of purchase. We will provide a prepaid return shipping label as long as the product is unused.
* Fragrance oils in sizes 1 oz., 2 oz., 4 oz., and 8 oz. We encourage customers to start with a small bottle of fragrance before purchasing larger sizes to test and be sure the scent works well for their needs.
We accept returns for the following products, but do not cover return shipping:
* Fragrance oils in sizes 16 oz., 2 pounds, and 4 pounds. We assume that customers will be familiar with and have tested fragrances out before buying large and bulk sizes of fragrance oils. We also sell fragrance test strips to sample fragrances in advance. While we will gladly accept unused fragrances in these sizes, we will not cover shipping costs.
We also cannot accept returns on any partially used merchandise. We offer fragrance strip samples, 1 oz. test sized fragrances to sample our scents for a low cost.
If your product is damaged, we happily refund 100% of the purchase price and pay the return shipping for products ordered within 72 hours of delivery. Any damage to the shipping packaging and contents must be photographed and sent to pepperjanenc@gmail.com so that we may process a claim with the carrier.
To initiate a return:
If you ordered the wrong item or you simply don't want it anymore, contact us within 14 days of the original purchase at pepperjanenc@gmail.com. We will issue a return shipping label for qualifying items.
CANCELLATION
Once an order is placed and accepted, there is a short window of time for which a cancellation can be requested. Notify us immediately via email pepperjanenc@gmail.com to request a cancellation. Typically, most orders are filled and shipped within 24 to 48 hours from the time they are received. Pepper Jane’s can inform you of the status of your order and advise you whether or not the order can be canceled for a full refund. Once an item is shipped the terms of our Returns policy (see above) will take effect.
PRODUCT DESCRIPTIONS
The Company attempts to be as accurate as possible in describing products and merchandise for sale on the Website. However, the Company does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free.
Please be advised that due to the high concentration of fragrance oils, we suggest that you test them in final products before calling us. Fragrances smell different when diluted in finished products rather than when concentrated in the bottle. Additionally, Fragrances with the same name, but from different manufactures, may smell differently. Citrus fragrances in concentrate may resemble a fuel type aroma. Fragrances used in bath and body products may discolor and make the final product thin or diluted.
We suggest testing products purchased through the Website prior to making large quantities of your finished goods. The Company is not responsible for any products or equipment you used when making your finished products. We will not refund customers for raw ingredients used to make finished products.
Website Contains Copyrighted and Trademarked Information
The Content of the Website, including, without limitation, the product descriptions, fragrance names, learning materials, classes and photos, and the logos and marks used in connection with the goods provided on this Website (collectively the “Intellectual Property”) are subject to the ownership rights of the Company and/or its licensors. Any use of the Intellectual Property on the Website without the consent of the Company or its owner is strictly prohibited. Except as otherwise provided in these Sale Terms and Conditions or the Policies, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, Content, photographs, materials, products, services or Intellectual Property from this Website. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.
Recipes; Ingredients; Finished Goods
From time-to-time, the Company may publish on the Website or otherwise make available to customers (through third party links or otherwise) recipes or instructions for the creation of candles, soaps or other products (each a “Recipe” and collectively the “Recipes”). Additionally, from time-to-time you may choose to purchase through the Website or otherwise from the Company products and raw ingredients (“Ingredients”) for your creation of candles, soaps or other products (“Finished Goods”).
The Company is not responsible for the outcome of any recipe or instructions you try, whether utilizing a Recipe from the Website, a third-party link or otherwise, and whether utilizing Ingredients purchased from the Website or elsewhere. Furthermore, Pepper Jane's LLC shall not be responsible for any Finished Goods you create utilizing Ingredients purchased from us. Additionally, the Company shall not be responsible for your failure to comply with: (1) applicable law, including, without limitation, FDA regulations, and/or (2) IFRA guidelines.
By: (a) voluntarily using any Recipe provided on Website, linked to the Website, or otherwise made available by the Company, (b) by purchasing Ingredients for the use in making any recipe or following any instructions, whether a Recipe provided or made available by the Company or a recipe or instructions made available by any other party, or created by you, or (c) by purchasing Ingredients from the Company for use in creating or manufacturing any Finished Goods by you, you hereby: (1) voluntarily and irrevocably assume the risk of any potential injury that may result, including, without limitation, personal injury, including death, and/or property damage, and (2) waive and release the Company, and its members, managers, shareholders, directors, employees, agents, representatives, successors and assigns from any and all liabilities, damages, injuries, claims, causes of action, costs or expenses which may in any way arise as a result of or related to: (i) your use of any Recipe provided on Website, linked to the Website, or otherwise made available by the Company, (ii) your purchase of Ingredients for the use in making any recipe or the following of any instructions, whether a Recipe provided or made available by the Company or a recipe or instructions made available by any other party, or created by you, or (iii) your use of Ingredients in creating or manufacturing any Finished Goods.
Disclaimer; Limitation of Liability
THE WEBSITE AND THE PRODUCTS FOR SALE THEREON ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WHERE PERMISSIBLE BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, ITS SERVERS OR THE CONTENT ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THE WEBSITE.
YOU ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY ACTION TAKEN WITH RESPECT TO YOUR USE OF WEBSITE CONTENT THAT IS NOT AUTHORIZED BY these Sale Terms and Conditions or the policies. THE COMPANY’S SOLE LIABILITY UNDER these Sale Terms and Conditions AND THE POLICIES SHALL BE FOR THE AMOUNTS PAID BY YOU FOR THE GOODS PURCHASED OVER THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY UNDER THESE SALE TERMS AND CONDITIONS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE PURCHASE PRICE OF ALL GOODS PURCHASED BY YOU ON THE WEBSITE FOR THE RELEVANT ORDER. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS) RESULTING TO YOUR COMPUTER OR YOUR BUSINESS, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH these Sale Terms and Conditions, THE POLICIES OR YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
By using the Website, you agree to defend, indemnify and hold harmless the Company its members, managers, shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any claims, actions, damages, penalties, fines, costs, expenses, losses or other liabilities, including, but not limited to, reasonable attorney fees, arising from, in connection with, or in any way relating to any actual or threatened lawsuit, claim or legal proceeding alleging any breach by you of these Sale Terms and Conditions or the Policies, or your use of the Website. The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Representations and Warranties
By using the Website, you hereby represent and warrant to the Company that: (a) you are 18 years of age or are utilizing the Website with the consent of your parent or guardian; (b) these Sale Terms and Conditions and the other Policies are the legal, valid and binding obligations of you enforceable against you in accordance with their terms; (c) you have full authority to enter these Sale Terms and Conditions and the other Policies and your entering these Sale Terms and Conditions and the other Policies does not require the approval or consent of any third party; and (d) your use of the Website will be in accordance with these Sale Terms and Conditions and the other Policies.
Modifications and Revisions
The Company may, in its sole discretion, modify or revise the Policies at any time, without notice to you, and all purchases after the effective date of such modifications shall be subject to such changes, amendments and modifications. Any changes or revisions to the Policies will be posted on the Website. Accordingly, you should visit this Website periodically to review the current version of these Sale Terms and Conditions and the Policies.
General Provisions
The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever. The use of the Website, these Sale Terms and Conditions, and the Policies shall be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. The sole jurisdiction for any legal proceedings arising out of your use of the Website or any provision in these Sale Terms and Conditions or the Policies shall be the state and federal courts covering Wake County, North Carolina. Any waiver by the Company of a breach of any provision of these Sale Terms and Conditions or the Policies shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Sale Terms and Conditions or the Policies. If any one or more of the provisions contained in these Sale Terms and Conditions or the Policies shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, these Sale Terms and Conditions or the Policies and any provision therein shall not be rendered null and void and shall not be affected or impaired. These Sale Terms and Conditions and the other terms, agreements and Policies incorporated herein contain the entire agreement between you and the Company with respect to your use of the Website and hereby supersedes all previous agreements with respect to the use of the Website. Your use of the Website shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company.
Contact Us
If you have any questions or comments regarding the use of this Website, or the Policies, you may contact the Company by mail at 5233 Meryton Park Way, Raleigh, NC 27616, by email at pepperjanenc@gmail.com. The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments. Please note that the Company cannot give legal advice and no discussions or correspondences with the Company should be construed as such.
Attorney Fees
In the event of a dispute between you and the Company regarding any claim arising out of your use of the Website, these Sale Terms and Conditions, or the Policies, the Company, if it prevails, shall be awarded all costs of bringing or defending a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute, including, without limitation, all arbitration related fees and expenses.
Arbitration/Class Action Waiver
ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THESE SALE TERMS AND CONDITIONS, THE POLICIES AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR WAKE COUNTY, NORTH CAROLINA PANEL OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.
ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION. ANY ARBITRATION HEARING SHALL BE HELD IN WAKE COUNTY, NORTH CAROLINA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
Arbitration shall proceed solely on an individual basis without the right for any claims OR DISPUTES to be arbitrated on a class action basis or on bases involving claims OR DISPUTES brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims OR DISPUTES between you and the Company alone. Claims OR DISPUTES may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Accessibility Assistance. Alternate Method.
If you encounter difficulty using or accessing any element of this website provided by Pepper Jane's Colors and Scents, please email us at pepperjanenc@gmail.com and we will work with you to provide the information or product you seek through an alternate communication method that is accessible for you consistent with applicable law (through telephone support).