terms & conditions

Terms & Conditions and Privacy Policy

Welcome to the ATMOSVU www.atmosvu.com (“Website”). ATMOSVU provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy.

  1. Sales & Returns

All sales and returns are done through Amazon.com. We appreciate and respect our relationship with amazon.com. If you experience an issue with a cracked or damages product contact us at: hello@atmosvu.com anytime. You may also contact us through amazon.com or on Instagram @ATMOSVU.

2. Safety & Injury

We are not liable for any user harm or any type and/or damage that comes to the user and/or property as a result of fire or other. We cannot control how people use their candles or what environment they put them in. Warning labels are clearly displayed online in the for sale ‘as is’ listing. Always place your candles in a safe place and keep and eye over them as they are burning. A candle has the potential to be dangerous. It is important to burn your candles responsibly. (Read the safety guidelines below “14. Candle Safety Rules and Instructions for Use”)

3. Patent Pending Methodology & Intellectual Property

All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of ATMOSVU, our affiliates, partners or licensors, and is protected by United States and international copyright laws.

The utility patent methodology (pending) of the our reusable candle system and biodegradable refill candles are protected by United States patent laws, this prohibits other individuals or companies from making, using, or selling without authorization from ATMOSVU.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of ATMOSVU, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as required under applicable laws, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our Wyoming office at the following address: ATMOSVU, 1309 Coffeen AVE 1200, Sheridan, Wyoming 82801.

4. Privacy

As you browse www.atmosvu.com and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your anonymous online activities, and thus tailor more relevant content to you. If you do not wish to receive such tailored advertising, you can visit this page to opt out of most companies that engage in such advertising. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)

5. Purchase Related Policies

The products and services available from ATMOSVU, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. ATMOSVU reserves the right to cancel any online order for any reason.

6. Accuracy of Information

We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available about our products are accurate, complete, reliable, current, or error-free.

7. Your Obligations and Responsibilities

In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage ATMOSVU or its products or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY LINKS TO PRIVACY POLICY PAGE), TO THE EXTENT PERMITTED BY LAW, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO ATMOSVU, OUR AFFILIATES, PARTNERS OR LICENSORS.

8. Submissions & Scents

Any suggestions and/or unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

9. Representations and Warranties; Limitation of Liability

THE WEBSITE AND AMAZON LISTING IS PRESENTED, TRANSMITTED and DISTRIBUTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

UNLESS PROHIBITED BY LAW, WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. UNLESS PROHIBITED BY LAW, ATMOSVU (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE DOLLAR ($1.00).

10. Fraud Protection

We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

11. Copyright Infringement
—Notice and Take-Down Policy

ATMOSVU values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify ATMOSVU in writing as follows:

Address: ATMOSVU, 1309 Coffeen AVE 1200, Sheridan, Wyoming 82801, hello@atmosvu.com

 

In your notice, you must include the following:

• a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

• identification of the copyrighted work(s) that is (are) allegedly being infringed;

• identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow ATMOSVU to locate such materials;

• contact information (i.e., name, address, email address) sufficient to enable ATMOSVU to contact you;

• a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

12. Acquisition of Business

In the event that ATMOSVU, or an affiliate of ATMOSVU is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that ATMOSVU goes out of business or enters bankruptcy, each User/Consumer hereby acknowledges and agrees that the company, all data collected by the company (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of ATMOSVU may continue to use the Personal Information as set forth in this Privacy Policy. If ATMOSVU is unable to continue business and provide products because of bankruptcy and/or acquisition, ATMOSVU is not responsible for consumer expectations of production. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.

13. Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of Wyoming of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).  

14. Candle Safety Rules and Instructions for Use

Please read and follow the candle safety rules provided below.  A candle has the potential to be dangerous. It is important to burn your candles responsibly.

ATMOSVU CANDLE SYSTEM INSTRCUTIONS: Trim the wick to 1/4” before every burn. The first time you burn the candle allow the wax to melt all the way to the sides of the container.WARNING! Burn your candle within sight. Keep away from things that can catch fire. Keep away from children and pets. Place on a level surface. Do not burn candle for more than four hours at a time. Keep candle free of debris. ALERT! If the flame is too large (an inch or more) or begins smoking—START OVER! Blow it out. Trim the wick to 1/4” and relight. ENJOY! FINISHED? Order an ATMOSVU candle refill.

CLEANING: Once candle is extinguished. Remove wick tab and pour hot water into container, clean out remaining wax and dry container.

ATMOSVU CANDLE REFILLS: Keep refill candles in a cool dry place. Remove sleeve from new candle and clean reusable container before use. ENJOY!

Safety Guidelines:

  • Never burn a candle on or near anything that can catch fire. Place candles away from drapes, bedding, carpets, books, paper, flammable decorations, etc.
  • Keep candles out of the reach of children and pets. Don’t place lighted candles where they might be knocked over by children or pets.
  • Trim candlewicks to 1⁄4 inch each time before burning. Long or crooked wicks cause uneven burning, dripping and sooting.
  • Be sure the candleholder is placed on a stable, level, heat-resistant surface. This will also help prevent possible heat damage to underlying surfaces and prevent glass containers from cracking or breaking. If the glass breaks or becomes damaged, discontinue use of the candle.
  • Keep the wax pool free of wick trimmings, matches and debris at all times.
  • Always read and follow these candle safety rules and the use and safety instructions on the candle warning label carefully.
  • Don’t burn a candle longer than 3-4 hours.
  • Keep burning candles away from drafts, vents, ceiling fans and air currents. This will help prevent rapid, uneven burning, and avoid flame flare-ups and sooting.
  • Drafts can also blow lightweight curtains or papers into the flame where they could catch fire.
  • Always burn candles in a well-ventilated room. Don’t burn too many candles in a small room or in a “tight” home where air exchange is limited. 
  • Never touch or move a burning candle or when the wax is liquid. Wax and wick become extremely hot during and after use. 
  • Never touch or move candle when the wax is liquid or the candle is burning.
  • Never use a knife or sharp object to remove wax drippings from holder.
  • Place burning candles at least three inches apart. This ensures they won’t melt one another, or create drafts that can cause the candles to flare.
  • Use a snuffer to extinguish a candle. It’s the safest way to prevent hot wax splatters.
  • Never extinguish candles with water. The water can cause the hot wax to splatter and might cause a glass container to break.
  • Be very careful if using candles during a power outage. Flashlights and other battery- powered lights are safer sources of light during a power failure.
  • Make sure a candle is completely extinguished and the wick is no longer glowing before leaving the room.
  • Extinguish a candle if it flickers repeatedly, smokes, or the flame becomes too high.
  • The candle isn’t burning properly. Let it cool, trim the wick, check for drafts and then re-light.
  • Never use a candle as a nightlight.
  • Failure to follow candle safety rules could result in fire hazards, damage and serious injury.
  • We also recommend you allow your candle to burn completely across the top with each use (about 1- 1.5 hours each use).
  • Please handle carefully, containers may crack or break. Our candle containers are made with tinplate and ceramic but if cracked may still contain sharp edges.
  • Do not microwave any container, wax, or wick-tab. Do not heat on large flame, fire, stove top, high heating surface or machine. It may catch fire, explode and/or cause harm.
  • WRITTEN WARNING NOTICE & WARNING IMAGES:
  • pastedGraphic.pngWARNING pastedGraphic_1.pngpastedGraphic_2.pngpastedGraphic_3.png WARNING! Burn within sight. Keep away from things that can catch fire. Keep away from children and pets. ¡ADVERTENCIA! Arde a la vista. Manténgase alejado de cosas que puedan incendiarse. Mantener alejado de niños y mascotas. ATTENTION! Brûler à vue. Éloignez-vous des choses qui peuvent prendre feu. Tenir à l’écart des enfants et des animaux domestiques. Jǐnggào! Zài shìxiàn nèi ránshāo. Yuǎnlí kěnéng zháohuǒ de dōngxī. Yuǎnlí er tóng hé chǒngwù. 警告！在视线内燃烧。远离可能着火的东西。远离儿童和宠物。

Please note: some of the above Candle Safety Rules were obtained and/or adapted from the 2008 National Candle Association.  Visit www.candles.org for more information.