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Terms and Conditions of Sale  DPM Fragrance | effective 6/1/2012

The DesirePath Mississippi LLC (“Company”) terms and conditions are applicable to all orders for Aspen Bay Candles, Capri Blue, Traviata, Reserve, Found Goods Market, Low Country Luxe, Olio Inc., George Carruth Candles, and all other DPM LLC lines, and your placement of your order implies you full acceptance of them.

I: General
1. We welcome all new accounts. Upon approval, the minimum opening order is as follows: $300 for Aspen Bay Candles (Traviata, Reserve, Classics, Olio Inc. can be combined to meet this minimum) and Low Country Luxe; $500 for Capri Blue and Found Goods Market, net of shipping, per approved resale location. All new customers must complete a customer information sheet. Each account, shipping location and order requires preapproval from Company. When approving a new account, we take into consideration the appropriateness of the retailers’ store and location, the proximity of other retailers carrying our line, as well as credit considerations. Different retailers may qualify for different product lines, depending on these and other considerations, subject to our sole discretion.
2. New account payment options include credit card, company check in advance of shipment or cash on delivery (COD). Subsequent orders may qualify for Net 30 (with approved credit only). When prepaying, please add 15% for shipping, and allow 2 weeks for check clearance. Please allow up to 2 weeks for approval of Net 30 terms. The minimum reorder amount per resale/shipping location is $100. A $10 handling charge will be applied to all orders in quantities not equaling at least one case of each product type/size. Please note that “special pour” products (items or configurations not listed on the price list) may be available, and may be billed an extra charge depending on the nature of the items (please inquire).
3. Credit is granted at discretion of Company only. A Customer Information Sheet must be completed for all net terms orders. We accept Visa, MasterCard, Amex and Discover. For your protection, all credit card orders will require completion of a Credit Card Authorization form. Orders will not be shipped to accounts that are past due.
4. Past due accounts will be billed late charges of 1.5% per month (18% per annum). Accounts sent to collection will bear both the past due amount and collection fees. A $30 non-sufficient fund (NSF) fee will be added to all returned checks. All orders are subject to Company credit policies and Terms and Conditions of Sale. All Company products are sold for resale at retail cost only, subject to our Minimum Advertised Price (MAP) Policy, and may not be redistributed or resold at wholesale.
5. Buyer’s shipping address is the sole site authorized for retail sale; any other location or alternate sales channels (including internet and catalog sales) must be preapproved by Company.
6. All sales are final. Non-unauthorized returns will not be accepted. All returns must be pre approved by Company and are subject to a 20% restocking fee. A return authorization (RGA) number must be acquired from Company prior to return. The “RGA” number must be printed in bold on all cartons and the shipment must be sent back to Company freight prepaid and in Inventory condition to be credited. All damages, shortages, etc. must be reported to Company within 10 days of invoice date. All packing materials must be saved, as claims will be referred to the freight carrier. Any credit or return authorization will be at our sole discretion. No cash refunds. Candles are perishable, so we will not accept returns over 30 days past the date of your delivery. We do not issue credit for faded candles, or candles that have been burned.
7. Pricing and availability is subject to change at Company’s discretion. Errors made on order forms or catalogs will be corrected prior to shipment. Due to product changes and updates, items shipped may differ from items shown in catalogs or showrooms. All burn times are approximate, and will vary according to burning conditions and fragrances.
8. All orders are shipped by the most economical quality commercial carrier available, FOB Starkville, MS, at Company’s sole discretion, unless otherwise specified. Product prices do not include shipping. All refused orders are subject to a 25% restocking fee.

II: Delivery
We ship most in stock items within 7 -14 days. Items with imported components may have significantly longer lead times. You should receive your order 3 to 7 business days from shipment date (times may be slightly longer in the summer as we time shipments to avoid melting). Alaska, Hawaii, Puerto Rico, Canada and US territories are typically shipped via USPS (United States Post Parcel Service). We ship to Canada via Parcel Post priority mail. We add $15 to the standard USPS shipping charge per address. Shipments outside the United States may be subject to import charges and taxes which are the responsibility of the purchaser or recipient. We will notify you of any back orders as soon as possible. Shipping charges and terms are subject to change without notice.

III: Internet and Pricing Policy
This is the policy of Company with regards to the showcasing, selling, and quoting of prices for the Company’s products (the “Products”) via the Internet. The purpose of this policy is to ensure fair and equitable treatment for all of the Company’s retailers (herein “Retailers”) marketing through this format.
1. The Company recognizes that the Internet and its role in commerce continually evolves, providing great opportunities for the Company and its authorized dealers to expand brand and product awareness. In furtherance of our commitment to our Retailers and the public, we have prepared the following Internet Policy to outline the criteria for use of our Products on the Internet.
The Company owns all Intellectual Property related to the Products. “Intellectual Property” means: (a) trademarks, trade dress, designs, copyrights and any other rights to any form or medium of expression; (b) trade secrets, privacy rights, and any other protection for confidential information or ideas; (c) all designs, forms, patents and patent applications; (d) any items, information or theories which are protectable or able to be registered under any copyright, patent, trade secret, confidentiality or other similar laws; (e) trademarks and trade names; and (f) any other similar rights or interests recognized by applicable law, associated with or of the Products.
- Prior to advertising or promoting any Products using any Intellectual Property on any Web site, you must receive written approval from the Company. Only the Retailers which are approved and authorized by the Company to advertise and sell the Company’s Products on the Internet are permitted to advertise on Internet search engines or elsewhere on the Internet. Failure to receive this preapproval will be grounds for termination of your right to sell DPM Products.
- Approved Retailers will receive a nonexclusive license to use the Intellectual Property in connection with the promotion and marketing of the Products on their website. You acknowledge and agree that the Company owns and shall retain all ownership in the Intellectual Property. In seeking approval for any promotion or marketing on websites, the Intellectual Property usage must comply, at a minimum, with the Company’s guidelines regarding graphic appearance, trademark notices and with the Company’s standard marketing policies.
- Except those otherwise approved by the Company, websites or listings containing or providing (via email or other electronic communication) any specific Product pricing information will not be allowed. While our Retailers remain free to sell the Company Products at any price they choose, the Company requires only that these prices shall not appear on your websites or be communicated electronically unless specifically approved by the Company.
- All hyperlinking from a Retailer’s website to the Company’s website must be approved by the Company.
- Websites, which promote or market the Products or use the Intellectual Property in any way that disparages or injures the Company or our Products, in our sole discretion, will not be approved. Websites, which promote or market the Products or use the Intellectual Property in any illegal, deceptive, undesirable or improper retail practices, will not be approved.
3. Authorized Retailers who offer the Products for sale via the Internet agree not to advertise below Company’s Minimum Advertised Prices. The Minimum Advertised Prices are published by the Company for the Products, and updated periodically. Dealers will be required to update their advertised prices accordingly and promptly within a commercially reasonable period of time. The current Minimum Advertised Price for any Product is equal to 1.8 times the standard wholesale dealer price on the current price list for products which do NOT include shipping, or no less than 2 times the standard wholesale dealer price on the current price list for products which DO include shipping.
- Retailers who are approved to show prices on the Internet are required to post prices on their website. “Call or Click for Price” posting on any website is unacceptable. Company reserves the right to monitor posted prices on the Retailer’s website(s) or other forms of advertising.
- For the purpose of this policy, “advertised price” shall mean the dealer’s total Internet selling price, reduced by the wholesale invoiced value of any associated premium, rebate, discount, gift, and/or promotional item given away with the sale of the Products. The total advertised price, minus the wholesale invoiced value of any associated gift, etc., may not be less than the total of the stated Minimum Advertised Price.
- Each Retailer is responsible for and liable for any business conducted on its website(s) or otherwise, including, but not limited to, security, privacy, and inappropriate materials. Retailers shall indemnify, defend, and hold Company harmless from any claims arising out of any materials presented on a Retailer’s website or otherwise.
- This advertising policy covers advertising and related materials that are posted anywhere on an Internet website, including order entry/purchase order form, direct email advertising and also advertising and related materials that are accessible through the website by means of a hyperlink.
- Violation of the “Minimum Advertised Price” policy will result in a one (1) month suspension of orders and shipments of the Company’s Products for the first occurrence; and may result in the termination of orders and shipments of the Company’s Products after a second violation.
- Company is not dictating the price of the Company’s Products that our Retailers quote, sell or advertise in a physical store location or in local marketing efforts. Retailers operating from a physical store location have complete freedom to set and determine the prices at which the Company’s Products are sold in their stores. This policy relates solely to the advertising and/or sale of the Company’s Products through or over the Internet.
4. Authorized Retailers who offer the Products for sale via the Internet agree to ship all Products on their own accounts with transportation delivery service providers. The Retailer agrees to indemnify, defend and hold harmless the Company against any and all costs, claims and expenses that may arise or derive from the delivery service. The Retailer must ship all items using their own accounts with the transportation delivery services such that all billing for freight is sent and charged directly to the Retailer. The Company will not prepay and add freight charges to an invoice for any items sold via the Internet. The Retailer is solely responsible for handling all freight claims.
5. You acknowledge and agree that Web site approval process and this Internet Advertising Policy are not intended to be and shall not be construed to be a franchise or business opportunity under the laws or regulations of the United States or of any state.
6. You agree to indemnify, defend and hold harmless the Company from and against all costs, damages, claims (threatened or actual) and expenses (including, without limitation, reasonable attorneys fees) which may arise or derive in any way from your website(s) or unauthorized use of the Intellectual Property on the website(s). You agree to indemnify, defend and hold harmless the Company from and against all costs, damages, claims (threatened or actual) and expenses (including, without limitation, reasonable attorneys fees) which may arise or derive in any way from the Retailers selection of and provision of transportation of Product.
7. The Company always reserves the right to withdraw website(s) approval at any time for any reason or no reason at its sole discretion. Upon notice of approval revocation, you must immediately remove all Intellectual Property from the website(s).
8. The Company reserves the right to choose those retail accounts with which to do business and the right to accept or reject any purchase order from any account at any time. Any violation of this Internet Policy or any other Company Policy may result in the Company’s refusal to accept any purchase order from a retail account in the future in its sole discretion at any time.
9. Retailer agrees not to take deductions or offsets of any amounts against open balances owed to Company, relative to products ordered as a result of internet sales. All returns of Company product shall go to Retailer warehouse, where the independent contractor sales representative for Company can schedule reviews of the products to determine whether they constitute valid product returns for internet orders. Company will not accept returns, or issue credits, where: Mistakes in the ordering process where made by the Retailer, Loss or Damages occurred any time after leaving the Company docks, or Decline of Acceptance by customer for any reason other than product defect, which must be certified by sales representative pursuant to a review at retailer warehouse.
10. Burn samples and testers are available to physical locations only. They are a sales tool to be used for the purpose their name implies – for customers to smell – and are not intended for resale. Given the costs associated with a physical location, this is a service that we offer to physical store locations only.

IV: Enforceability
1. These Terms are governed by the laws of the State of Indiana, without regard to the conflicts of law provisions thereof or the Convention on the International Sale of Goods, which shall not apply, and by placement of their order, retailer submits to the jurisdiction of the federal and state courts in the State of Indiana, and waives any objection to venue or based on forum non conveniens.
2. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof. The headings herein are for convenience of reference only and do not constitute part of the Terms or affect the meaning, construction or effect thereof.
3. Your order will only be accepted subject to your explicit acceptance of the DesirePath Mississippi LLC Terms (DPM Fragrance) and Conditions of Sale and Internet Policy and agree to all of the terms and conditions as set forth herein. Your placement of any order confirms that explicit acceptance.
DPM Fragrance - Safety and Use Instructions
To extend the life and enjoyment of your candle: DPM Fragrance candles are made from the highest quality ingredients, and produce a soft light and wonderful scent. For maximum life, we urge you to follow these simple instructions: On first use, light for one minute, then extinguish and trim wick to ¼” before relighting. For best burn results, and to minimize soot, always keep wick trimmed to ¼” throughout life of product. Burn 1 hour per inch in diameter - allow candle to cool fully, and always remove any wick trimmings or detritus, before relighting. Push wick into wax with a fireproof object (then stand up and trim) to extinguish without smoking (Do not do this if you can see the metal wick clip). Keep out of direct sunlight to minimize fading.

Our Fragrance Mushroom
While burning, our candle wicks will develop a black “fragrance mushroom™.” This “fragrance mushroom” is caused by the superior wax blends and the high volume of custom blended fragrance and essential oils which have made our “Fragrances with Wicks™” so popular. Both our highly refined Blossom wax and our Soy wax blends have low natural oil content, allowing them to fully absorb 2-3 times more fragrance oil than most candles - leaving the surface oil-free while ensuring superb scent ‘throw’ while burning. The wick works like a straw while the candle is burning, drawing the fragrance and essential oils through the wax and releasing the wonderful aromas right into the air. Our “fragrance mushroom” is a constant reminder to you of our high levels of fragrance, and a symbol of our dedication to quality and your enjoyment. When a “fragrance mushroom” forms, gently blow out the flame, let cool, trim the wick to ¼” and relight. As with any candle, without the simple attention of keeping the wick trimmed, the “fragrance mushroom” may create an oversized flame and cause smoke.

Our Hand Poured Candles
Because each of our candles is hand poured there may be slight imperfections and some pieces may have slight differences. This by no means affects the quality of our product. Our high-quality all natural soy wax blend slightly contracts and expands with the environments temperature which will sometimes cause the wax to pull away from the surface of your glass jar. This movement can result in a bubbled appearance. Once your candle is lit the wax will begin to warm and expand and these bubbles you may see from the outside of the jar will disappear.

Warning: For adult use only.
To prevent fire, keep any burning candle within sight. Keep out of reach of children and pets. Never burn a candle near anything that can catch fire. Burn only on a stable and heat resistant surface. All non-container candles must be burned in an appropriate container. Do not burn on a heat absorbing surface like glass or marble, and discontinue use when wax is ½” from bottom, or molded and pillar candles may spill over (or container candle’s container may break). Keep out of drafts, and keep wick trimmed, or candle will smoke. If flame becomes too large, extinguish candle and trim wick. We cannot be held responsible for damage caused by soot, smoke or fire, or improper use or maintenance, and expressly disclaim responsibility of any related damage. Do not touch, move or trim candle while hot. Always remove all packaging from candle, and candle from all packaging before lighting. No matter how good they smell, candles are not edible! Please respect the fact that candles create their beauty using fire; burn carefully and enjoy!

Notice Regarding Wicks
There has been a good deal of coverage in the media regarding possible health issues relating to candles containing lead wicks, much of which has been confusing or misleading. In order to eliminate any concern or confusion on the part of our guests and consumers in general, DPM FRAGRANCE WOULD LIKE TO ASSURE YOU THAT DPM FRAGRANCE DOES NOT USE LEAD WICKS IN ANY OF OUR CANDLE PRODUCTS, AND NEVER HAS. All of our candle products are manufactured with coreless, zinc core or paper core braided cotton wicks that are free from lead and completely safe according to The National Candle Association. At DPM FRAGRANCE, we care about the health and well-being of our customers. We are committed to producing high quality candle products that can be enjoyed safely.

The following are protected Trademarks of DESIREPATH MISSISSIPPI LLC: Aspen Bay, Aspen Bay Candles, Aspen Bay Candle Company, DPM Fragrance, Capri Blue, Capri Blue Candles, Fragrances with Wicks, Fragrance Mushroom, Found Goods Market, Fairfax and King, Reserve Candles, Traviata Candles, Gold Leaf Candles, Olio, Inc., Fireflies Candles (and more).

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