Terms & Conditions

1. Acceptance of Terms

By accessing this website, purchasing products, attending classes, or using any services offered by Fragrance of Heaven ("the Company," "we," "us," or "our"), you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our website or services.

Age requirement: You must be at least 18 years of age to enter into any purchase, class registration, or binding transaction with Fragrance of Heaven. Minors may be present on the premises and participate in activities only when accompanied by and under the supervision of a parent or legal guardian who accepts these Terms on the minor's behalf.

Right to refuse service: Fragrance of Heaven reserves the right to refuse service to any person for any lawful reason, at our sole discretion. This includes but is not limited to: abusive or threatening behavior toward staff, other customers, or animals; suspected fraud; intoxication; violation of these Terms; or any conduct we deem disruptive or unsafe. Refusal of service does not entitle you to any compensation, refund, or claim.

Pricing errors: While we strive for accuracy in all posted and quoted prices, errors may occur. Fragrance of Heaven reserves the right to correct any pricing error at any time, even after a transaction has been initiated. You are not entitled to receive a product or service at an incorrect price.

2. Products & Services

Fragrance of Heaven sells handcrafted candles, essential oils, essential oil blends, and related wellness products. We also offer wellness education classes, pouring parties, and custom scent creation services.

All products are intended for personal use only. Essential oils are for topical and aromatic use as directed. Our candles and essential oils are handcrafted in small batches; slight variations in color, scent strength, and appearance are normal and not considered defects.

3. Wellness & Educational Disclaimer — Not Medical Practice

IMPORTANT: Fragrance of Heaven is NOT a medical provider, healthcare facility, or licensed medical practice. We do not employ physicians, nurses, pharmacists, dietitians, or any licensed healthcare professionals in a clinical capacity. No person affiliated with Fragrance of Heaven is authorized to practice medicine, prescribe treatments, or provide medical advice.

Our products, classes, workshops, and all information shared — whether in person, online, via Zoom, on this website, in printed materials, or through social media — are strictly for general educational and wellness purposes only. Nothing we offer is intended to diagnose, treat, cure, mitigate, or prevent any disease, illness, or medical condition. Our products are not FDA-approved drugs or medical devices.

Specifically, you acknowledge and agree that:

• Wellness classes cover topics including but not limited to traditional herbal practices, essential oil usage, detoxification concepts, nutrition awareness, gardening, and general wellness education. These classes reflect traditional, holistic, and/or personal perspectives and are not peer-reviewed science or medical instruction.
• Any statements about herbs, essential oils, supplements, cleanses, or other products — whether made by our staff, class instructors, or in our materials — are not medical claims. They represent traditional or anecdotal wellness perspectives and should not be interpreted as medical advice or a promise of any health outcome.
• You should always consult your physician, a licensed healthcare professional, or other qualified medical provider before starting any new health regimen, using essential oils, taking supplements, making dietary changes, or acting on any information shared in our classes or materials — especially if you are pregnant, nursing, taking medications, or have any existing medical condition.
• Fragrance of Heaven does not recommend discontinuing, modifying, or replacing any medication, treatment, or medical advice prescribed by your healthcare provider. If any information from our classes or staff conflicts with your doctor's guidance, follow your doctor.
• Individual results from using our products or applying class concepts will vary. We make no guarantees about health outcomes, symptom relief, or wellness improvements.
• You are solely responsible for your own health decisions. Any action you take based on information from our classes, website, staff, or products is at your own risk and discretion.

Essential oils are potent natural substances. You are responsible for researching any allergies, sensitivities, drug interactions, or contraindications before using our products. Perform a patch test before topical use. Keep all products out of reach of children and pets. Do not ingest essential oils unless specifically directed by a licensed healthcare professional who is familiar with your medical history.

By purchasing our products, attending our classes, or using any information we provide, you expressly acknowledge that you understand this disclaimer and agree that Fragrance of Heaven is not practicing medicine, providing medical advice, or holding itself out as a healthcare provider in any capacity.

4. Assumption of Risk

By purchasing our products or attending our classes (in-person or via Zoom), you acknowledge and accept that:

• You use all products at your own risk and discretion.
• You are solely responsible for determining the suitability of any product for your personal use.
• Wellness class content is educational and reflects traditional or holistic perspectives that may not be endorsed by mainstream medicine.
• Any lifestyle changes, dietary modifications, or wellness practices discussed in classes are undertaken at your own risk.

5. Limitation of Liability

To the fullest extent permitted by law, Fragrance of Heaven, its owners, employees, agents, and affiliates shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• The use or misuse of any of our products.
• Allergic reactions, skin irritation, or adverse effects from product use.
• Reliance on information provided in our wellness classes, on our website, or by our staff.
• Any injury or damage occurring during in-person classes or events.
• Decisions made based on educational content provided by the Company.

No consequential damages: In no event shall Fragrance of Heaven be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of business, loss of data, or emotional distress, regardless of the cause of action or theory of liability.

6. Indemnification

You agree to indemnify, defend, and hold harmless Fragrance of Heaven, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our products or services.
• Your attendance at any class, workshop, or event.
• Your violation of these Terms & Conditions.
• Any claim by a third party related to your use of our products or services.
• Your negligence or willful misconduct on our premises.
• Any animal you bring onto our premises, including injury, damage, or claims caused by your pet or service animal.

This indemnification obligation survives the termination of your relationship with Fragrance of Heaven.

7. Class & Event Policies

• Class fees are due at the time of booking to secure your seat.
• Classes are available in-person and via Zoom where offered.
• Refunds are not available for no-shows. Please notify us at least 24 hours in advance if you cannot attend, and we will do our best to reschedule you.
• We reserve the right to cancel or reschedule classes at any time. In the event of cancellation by us, a full refund or credit will be issued.

8. Purchases & Refunds

All sales are final unless a product arrives damaged or defective. Contact us within 7 days of receipt to report any issues. Candles and essential oils are consumable goods and cannot be returned once opened.

9. Vendor Consignment

Fragrance of Heaven may display and sell products from third-party vendors on a consignment basis. By placing products on consignment with Fragrance of Heaven, vendors acknowledge and agree to the following:

• Risk of loss remains with vendor. All consignment products remain the property of the vendor until sold to a customer. Fragrance of Heaven does not assume ownership of, title to, or risk of loss for any consignment items at any time.
• No liability for damage. Fragrance of Heaven is not responsible for any damage, breakage, deterioration, discoloration, scent degradation, or wear to consignment products while on display or in storage, whether caused by customers, staff, environmental conditions (heat, humidity, sunlight, dust), animals on the premises, or any other cause. Products are displayed "as placed" and Fragrance of Heaven makes no guarantees about display conditions, temperature control, or protection from handling by customers.
• No liability for theft or shoplifting. Fragrance of Heaven is not responsible for shoplifting, theft, pilferage, or mysterious disappearance of consignment items. While we take reasonable security precautions (including video surveillance), we do not guarantee the security of any consignment product and shall not be held liable for any loss due to theft by customers, visitors, or any third party.
• No insurance obligation. Fragrance of Heaven is not required to maintain insurance coverage on consignment products. Vendors are solely responsible for obtaining their own insurance to cover loss, damage, or theft of their products while on the premises.
• Product liability. Vendors are solely responsible for the safety, quality, labeling, and legal compliance of their consignment products. Vendors agree to indemnify, defend, and hold harmless Fragrance of Heaven from any and all claims, lawsuits, damages, losses, and expenses (including attorneys' fees) arising from or related to their consignment products, including but not limited to: product defects, allergic reactions, personal injury, mislabeling, failure to warn, regulatory violations, or any third-party claims.
• Removal and disposal. Fragrance of Heaven reserves the right to remove, return, or discontinue display of any consignment product at any time and for any reason. Products not retrieved by the vendor within 30 days of written notice may be disposed of at Fragrance of Heaven's discretion.

Consignment arrangements may be subject to a separate written consignment agreement. In the event of any conflict between these Terms and a signed consignment agreement, the signed agreement shall control.

10. Intellectual Property

All content on this website — including text, images, logos, product names, and class materials — is the property of Fragrance of Heaven and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use any content without written permission.

11. Privacy & Data Protection

We collect personal information (name, email, phone number) only when you voluntarily provide it through our contact forms, newsletter signup, or class registration. Your information is used solely to communicate with you about your orders, class registrations, and newsletter content.

We do not sell, rent, lease, trade, or otherwise disclose your personal data to any third party — ever. This includes but is not limited to data brokers, advertisers, marketing companies, analytics providers, or any other entity. Your data stays with us and is used only for the purpose for which it was collected. We do not use tracking pixels, retargeting cookies, or third-party analytics tools that harvest your personal information. We retain your information only as long as necessary to fulfill the purposes for which it was collected.

12. Premises Liability & Assumption of Risk

By entering the Fragrance of Heaven retail location, studio, or any venue where our classes or events are held, you acknowledge and voluntarily assume all risks associated with your presence on the premises, including but not limited to:

• Slip, trip, and fall hazards on floors, walkways, parking areas, and common areas.
• Exposure to essential oils, fragrances, candle flames, hot wax, and other materials used in product creation and demonstrations.
• Allergic reactions or sensitivities triggered by scents, oils, or other products present in the environment.
• Injuries sustained during pouring parties, workshops, or any hands-on activities.
• Contact with surfaces, equipment, furniture, or displays on the premises.
• Interaction with animals present on the premises, including but not limited to pet dander, allergens, scratches, bites, or any other animal-related contact (see Section 13 below).

You agree that Fragrance of Heaven, its owners, employees, agents, landlord, and property management shall not be liable for any personal injury, property damage, or loss arising from your presence on or use of the premises. You enter and use the premises at your own risk. It is your responsibility to exercise reasonable care for your own safety and the safety of any minors in your custody.

Reporting hazards: You agree to immediately report any hazardous condition you observe on our premises to a staff member. Failure to report a known hazard may affect any subsequent claim.

Personal property: Fragrance of Heaven is not responsible for personal property that is lost, stolen, or damaged on our premises. Do not leave personal belongings unattended.

Children: Children must be supervised by a parent or guardian at all times while on our premises. Fragrance of Heaven is not responsible for injuries to unsupervised minors.

Video surveillance: Our premises may be monitored by video surveillance cameras for safety, security, and loss prevention purposes. By entering our premises, you acknowledge and consent to video recording. You have no expectation of privacy in the common areas of our store.

Notice of claim: Any claim related to an incident on our premises must be reported to Fragrance of Heaven in writing within 48 hours of the incident. Failure to provide timely written notice may result in the forfeiture of any claim. Notice must include the date, time, location within the premises, description of the incident, and contact information for any witnesses.

13. Animals on Premises

Fragrance of Heaven may have one or more pets (dogs or other animals) present in the store, studio, or event space at any time. By entering the premises, you acknowledge and accept the presence of animals and voluntarily assume all risks associated with animal interaction.

This includes, but is not limited to:

• Allergies & dander: You may be exposed to pet dander, fur, saliva, and other animal allergens. If you have known pet allergies, you enter at your own risk. Fragrance of Heaven is not responsible for any allergic reactions, respiratory issues, or health effects caused by animal dander or allergens present in the environment.
• Physical contact: Animals may approach, lick, jump on, or otherwise make contact with you. If you choose to pet, touch, hold, or otherwise interact with any animal on the premises, you do so entirely at your own risk.
• Scratches, bites, or injury: Fragrance of Heaven shall not be liable for any scratches, bites, knockdowns, trips, or injuries caused by any animal on the premises, whether provoked or unprovoked, and regardless of whether you initiated contact with the animal.
• Property damage: Fragrance of Heaven is not liable for any damage to your clothing, personal belongings, or property caused by animals on the premises.
• Your behavior toward animals: You agree to treat all animals on the premises with care and respect. Any person who mistreats, provokes, or harms an animal will be asked to leave immediately. Fragrance of Heaven reserves the right to refuse service to anyone who behaves inappropriately toward animals.
• Minor children: Parents and guardians are solely responsible for supervising their children's interactions with any animals on the premises.

Treats, feeding & food offerings: Fragrance of Heaven may offer the following at its sole discretion:

• Dog treats offered to customers to feed the store dog: Staff may offer dog treats to customers — adults and children alike — to hand-feed to the store dog. Accepting the treat and offering it to the animal is entirely voluntary, regardless of age. By choosing to hand-feed or offer a treat to any animal, you do so at your own risk. Fragrance of Heaven is not liable for any bites, scratches, nips, saliva contact, allergic reactions (including reactions to treat ingredients on your hands or skin), or any other injury or adverse effect that occurs during or after the feeding interaction. Parents and guardians are solely responsible for deciding whether their child may participate and for supervising the interaction.
• Dog treats offered to customer pets: Staff may offer dog treats to customers' personal pets or service animals visiting the store. Accepting a treat for your animal is entirely voluntary. Fragrance of Heaven makes no representations about the ingredients, allergen content, dietary suitability, or safety of any treats for your specific animal. You are solely responsible for determining whether a treat is appropriate for your pet based on its dietary needs, allergies, and health conditions. Fragrance of Heaven is not liable for any illness, allergic reaction, choking, digestive issue, or any other adverse effect your animal experiences from consuming a treat provided on the premises.
• Food, beverages & snacks offered to customers: Fragrance of Heaven may occasionally offer complimentary food, beverages, candy, baked goods, or other refreshments to customers. All food and beverage offerings are provided as a courtesy and are entirely voluntary to accept and consume. Fragrance of Heaven is not a licensed food establishment and makes no representations or warranties regarding ingredients, allergen content, nutritional value, preparation methods, or suitability for any dietary restriction or medical condition. If you have food allergies, dietary restrictions, or any medical condition affected by food consumption, do not consume any offerings without first inquiring about ingredients — and even then, you consume at your own risk. Fragrance of Heaven is not liable for any allergic reaction, illness, choking, or any other adverse effect resulting from your voluntary consumption of any food or beverage on the premises.

Allergen cross-contamination: Our store environment may contain common allergens including but not limited to: peanuts, tree nuts, dairy, gluten, soy, eggs, and shellfish. Products and food items may be stored in proximity to one another. Fragrance of Heaven cannot guarantee that any food item, treat, or beverage is free from allergen cross-contamination. If you have a severe food allergy, you accept, handle, and consume any item at your own risk.

In all cases: you are never required to accept, handle, or consume any treat, food, or beverage offered. Declining carries no consequence. By accepting and using any item offered, you acknowledge that you do so voluntarily and at your own risk.

Your animals: If you bring a personal pet or service animal into the store, you are solely responsible for that animal's behavior, any damage it causes, and any injury it inflicts on people, other animals, or property. You agree to indemnify Fragrance of Heaven for any and all claims arising from your animal's actions. Fragrance of Heaven is not liable for any interaction between the store dog and a customer's personal pet or service animal, including fights, injuries, or behavioral incidents.

If you are uncomfortable around animals or have severe pet allergies, please contact us before your visit so we can discuss accommodations. However, we cannot guarantee an animal-free environment at any time.

14. Waiver of Claims

To the maximum extent permitted by law, you hereby waive, release, and forever discharge Fragrance of Heaven, its owners, officers, employees, agents, successors, and assigns from any and all claims, demands, actions, causes of action, suits, damages, losses, and expenses (including attorneys' fees) of any kind or nature, whether known or unknown, that arise from or relate to:

• Your use of any product sold or provided by the Company.
• Your attendance at any class, event, pouring party, or demonstration.
• Your presence on any premises owned, leased, or used by the Company.
• Any advice, information, or recommendations provided by the Company or its staff, whether in-person, online, or in printed materials.

This waiver is intended to be as broad and inclusive as permitted by the laws of the State of Texas. This waiver is binding upon you, your heirs, executors, administrators, and assigns.

15. Recording, Photography & Likeness

Fragrance of Heaven may photograph, video record, or livestream classes, events, pouring parties, and in-store activities for promotional, educational, and social media purposes. By attending any event or entering our premises, you consent to being photographed, filmed, or recorded, and you grant Fragrance of Heaven a perpetual, royalty-free, worldwide license to use your likeness, voice, and image in any media for promotional purposes.

If you do not wish to be photographed or recorded, you must notify a staff member before the event or upon entering the premises. We will make reasonable efforts to accommodate your request, but we cannot guarantee exclusion from all background or group footage.

Guest recording policy: You may not record, photograph, or livestream class content, proprietary formulas, recipes, techniques, or instructional materials without prior written consent from Fragrance of Heaven. Personal photos for non-commercial use (e.g., social media posts about your experience) are welcome and encouraged.

16. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first: Before initiating any formal dispute resolution, you agree to first contact Fragrance of Heaven directly to attempt to resolve the matter informally. Many concerns can be resolved quickly with a phone call, text, or visit. You must allow at least 30 days for informal resolution before proceeding to arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms & Conditions, your use of our products or services, your attendance at any class or event, or your presence on our premises — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, and not through litigation in any court.

Key provisions of this arbitration agreement:

• No jury trials. You waive any right to a trial by jury.
• No class actions. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
• Location. Arbitration shall take place in Lubbock County, Texas, unless both parties agree to an alternative location or virtual proceedings.
• Costs. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable fees to the prevailing party.
• Binding decision. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Small claims exception. Notwithstanding the above, either party may bring an individual action in small claims court in Lubbock County, Texas, if the claim falls within the court's jurisdictional limits.

By using our website, purchasing our products, or attending our events, you acknowledge that you have read, understood, and agree to this arbitration provision.

17. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms & Conditions, our products, our services, or your use of the premises must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred. This limitation applies regardless of any statute or law to the contrary.

18. No Warranty

All products and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our products will meet your expectations, that any results from our classes or wellness information will be achieved, or that our website will be uninterrupted, secure, or error-free.

19. Maximum Liability Cap

In no event shall the total liability of Fragrance of Heaven, its owners, employees, or agents to you for all damages, losses, and causes of action exceed the amount you paid to the Company in the twelve (12) months preceding the event giving rise to the claim, or fifty dollars ($50.00), whichever is greater. This limitation applies to the fullest extent permitted by applicable law.

20. Severability

If any provision of these Terms & Conditions is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

If any court or arbitrator strikes down the class action waiver in Section 14, then the entirety of Section 16 (Dispute Resolution & Binding Arbitration) shall be deemed void, and any dispute shall proceed in the courts of Lubbock County, Texas, subject to the remaining terms herein.

21. Entire Agreement, No Waiver & Assignment

These Terms & Conditions, together with any policies or guidelines referenced herein, constitute the entire agreement between you and Fragrance of Heaven regarding your use of our website, products, and services. These terms supersede all prior agreements, representations, and understandings, whether written or oral.

No waiver: The failure of Fragrance of Heaven to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision shall be effective only if in writing and signed by Fragrance of Heaven.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Fragrance of Heaven may assign its rights and obligations without restriction.

Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

22. Force Majeure

Fragrance of Heaven shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, utility failures, supplier failures, or acts of God.

23. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the arbitration provision above, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Lubbock County, Texas, and you consent to the personal jurisdiction of such courts.

24. Changes to Terms

We reserve the right to update these Terms & Conditions at any time. Changes will be posted on this page with an updated date. Continued use of our website, purchase of our products, or attendance at our events after changes are posted constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically.