Terms of service

TERMS OF SERVICE

Last updated: August 20, 2026

OVERVIEW

This website is operated by Clover & Kate LLC, doing business as Mallard Co. Candles (“Mallard Co. Candles,” “we,” “us,” or “our”).

Mallard Co. Candles operates this website and online store, including all related information, content, features, tools, products, and services offered to you through the site (collectively, the “Services”). Our store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and Services to you.

These Terms of Service (“Terms”) describe your rights and responsibilities when you access or use our Services.

By visiting, browsing, interacting with, or purchasing from our website, you agree to be bound by these Terms and our [Privacy Policy — INSERT LINK]. If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

SECTION 1 — ELIGIBILITY, ACCESS AND ACCOUNTS

By using our Services, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have given permission for any minor dependents to use the Services under your supervision.

You may be asked to provide information including your name, email address, billing address, shipping address, and payment information. You agree that all information you provide is accurate, current, and complete.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to accurately describe and photograph our products.

Because candles are handcrafted products, slight variations may naturally occur between items, including differences in wax appearance, color, texture, fragrance perception, label placement, vessel appearance, and other characteristics.

Colors and product appearance may also vary depending on your device, screen settings, lighting conditions, or other factors.

Fragrance is subjective, and we cannot guarantee that a particular scent will meet every customer's personal preference or expectations.

Product descriptions, fragrances, sizes, pricing, packaging, availability, and other product details may be updated or changed at any time without notice.

We reserve the right to discontinue products, limit available quantities, or restrict sales to any person, geographic region, or jurisdiction where permitted by law.

SECTION 3 — CANDLE USE AND SAFETY

Candles involve an open flame and must be used responsibly.

By purchasing or using our candles, you agree to follow all safety instructions provided with the product, on its packaging, or on our website.

Always burn candles on a stable, heat-resistant surface and keep them away from drafts, children, pets, flammable materials, and anything that may catch fire.

Never leave a burning candle unattended.

Keep wicks properly trimmed according to the candle care instructions provided by Mallard Co. Candles. Do not burn a candle longer than the recommended burn period, and discontinue use when the amount of wax remaining reaches the minimum level identified in our candle care guidance.

You are responsible for safely burning, handling, storing, and extinguishing candles after purchase.

To the fullest extent permitted by law, Mallard Co. Candles is not responsible for damages resulting from misuse of a candle, failure to follow candle care or safety instructions, leaving a candle unattended, or otherwise using a product in an unsafe or unintended manner.

Nothing in this section limits rights or remedies that cannot legally be excluded.

SECTION 4 — ORDERS

Submitting an order constitutes an offer to purchase products from Mallard Co. Candles.

We reserve the right to accept, decline, limit, or cancel an order where permitted by law, including in cases involving suspected fraud, pricing errors, inventory issues, unauthorized resale, or other circumstances we determine reasonably require cancellation.

Your order is not considered accepted until payment has been successfully processed and we have confirmed your order.

Please review all order information carefully before submitting your purchase. Once an order has entered processing or production, we may be unable to modify or cancel it.

If we cancel or materially modify an order, we will attempt to notify you using the email address, telephone number, billing address, or other contact information provided with the order.

Returns, refunds, replacements, and exchanges are governed by our [Refund Policy — INSERT LINK].

Unless otherwise agreed to in writing, purchases made through our retail website are intended for personal or household use and not for commercial resale.

Wholesale purchases may be governed by separate wholesale terms.

SECTION 5 — PRICES, PROMOTIONS AND PAYMENT

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged will generally be the price displayed at the time your order is placed, subject to correction of obvious errors.

Unless otherwise stated, listed prices do not include applicable sales tax, shipping charges, handling fees, customs charges, duties, or other fees that may apply.

Promotional offers may be subject to separate conditions, including expiration dates, exclusions, minimum purchase requirements, or restrictions on combining promotions.

You agree to provide current, complete, and accurate billing and payment information.

By submitting payment information, you represent that you are authorized to use the payment method provided.

We reserve the right to correct pricing, promotional, inventory, or other errors and, where necessary, cancel an affected order and issue an appropriate refund.

SECTION 6 — SHIPPING AND DELIVERY

Shipping and delivery timeframes are estimates and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, weather, natural disasters, customs processing, labor disruptions, incorrect shipping information provided by the customer, or other circumstances outside our reasonable control.

Please ensure that your shipping address is complete and accurate before submitting your order.

If your order arrives damaged or appears to have been lost in transit, please contact us promptly at hello@mallardcocandles.com so we can review the situation and determine the appropriate next step in accordance with our shipping and refund policies.

Additional information regarding processing times, shipping, delivery, damaged shipments, and related matters can be found in our [Shipping Policy — INSERT LINK].

SECTION 7 — RETURNS AND REFUNDS

Returns, exchanges, replacements, and refunds are governed by our [Refund Policy — INSERT LINK].

Because fragrance preferences are subjective, disliking a fragrance after receiving or burning a candle may not qualify as a defect unless otherwise provided in our Refund Policy.

Products that arrive damaged, defective, or materially different from what was ordered should be reported to us promptly so we can review the issue.

SECTION 8 — INTELLECTUAL PROPERTY

The content available through the Services—including our brand names, trademarks, logos, designs, photographs, product images, videos, text, graphics, scent names, marketing materials, website design, and other content—is owned by or licensed to Mallard Co. Candles and is protected by applicable intellectual property laws.

You may access and use the Services for personal, non-commercial purposes only.

Unless we provide prior written permission, you may not reproduce, copy, distribute, republish, modify, create derivative works from, publicly display, sell, exploit, scrape, download for commercial use, or otherwise use our content or intellectual property except as permitted by law.

“Mallard Co. Candles,” our duck logo, product branding, designs, and other identifiers associated with our business may constitute trademarks or other protected intellectual property of Mallard Co. Candles.

Nothing in these Terms grants you ownership of or a license to our intellectual property except the limited right to use the Services in accordance with these Terms.

SECTION 9 — OPTIONAL AND THIRD-PARTY TOOLS

Our Services may include access to features, applications, integrations, payment processors, reviews, social media tools, or other services operated by third parties.

We do not control all third-party tools and do not guarantee their availability, performance, security, or accuracy.

Your use of third-party tools may be governed by the terms and privacy practices of those third parties.

Use of optional third-party services is at your own discretion and risk to the extent permitted by law.

SECTION 10 — THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

We are not responsible for reviewing, monitoring, endorsing, or guaranteeing the accuracy, security, content, products, policies, or practices of third-party websites.

If you choose to access a third-party website, you do so at your own discretion.

Questions or disputes regarding a third-party product or service should generally be directed to the applicable third party.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Mallard Co. Candles is powered by Shopify, which provides technology that enables us to operate our online store.

Purchases made from Mallard Co. Candles are transactions directly between you and Mallard Co. Candles.

Shopify is not the seller of our candles and is not responsible for the products purchased from Mallard Co. Candles, including any injury, loss, claim, or damage relating to those products or transactions, except to the extent otherwise required by applicable law.

SECTION 12 — PRIVACY

Personal information collected through our Services is handled in accordance with our [Privacy Policy — INSERT LINK].

Because our online store is hosted through Shopify, certain personal information may also be processed by Shopify and by service providers used to operate our store, process transactions, provide shipping, deliver marketing communications, prevent fraud, and perform other business functions.

You can review Shopify's applicable privacy information through Shopify's website.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, shared, retained, and protected.

SECTION 13 — REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a product review, photograph, testimonial, suggestion, comment, feedback, or other content to Mallard Co. Candles (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free license to reproduce, publish, display, distribute, and use that Feedback for lawful business and promotional purposes.

You represent that you own the content you submit or otherwise have the necessary rights to provide it.

You agree not to submit material that violates another person's copyright, trademark, privacy, publicity, or other legal rights.

If you received compensation, free products, discounts, or another incentive in connection with a review or endorsement, you are responsible for making any disclosure required by applicable law.

We reserve the right, but are not obligated, to remove unlawful, fraudulent, abusive, misleading, obscene, infringing, or otherwise inappropriate content.

SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, shipping charges, transit times, or other information.

We reserve the right to correct errors, update information, and cancel affected orders when appropriate, including after an order has been submitted, subject to applicable law.

SECTION 15 — PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use the Services to:

  • violate any applicable law or regulation;

  • infringe our intellectual property rights or the rights of another person;

  • engage in fraudulent, deceptive, abusive, defamatory, threatening, or harassing conduct;

  • transmit malicious code or interfere with website security;

  • impersonate another person or entity;

  • collect personal information about others without authorization;

  • send spam, phishing messages, or other unauthorized solicitations;

  • copy, scrape, reproduce, or commercially exploit substantial portions of our website or content without permission;

  • attempt to bypass security, access restrictions, bot protections, or technological measures; or

  • use the Services in any way that could damage Mallard Co. Candles, Shopify, our customers, or other users.

We reserve the right to restrict or terminate access to our Services if we reasonably believe these Terms have been violated.

SECTION 16 — AUTOMATED SYSTEMS AND AGENTS

Automated systems, bots, agents, artificial intelligence tools, scrapers, or other software may not access or interact with the Services in a manner that circumvents access restrictions, disguises automated activity, defeats CAPTCHAs or similar protections, interferes with website operation, or violates these Terms.

We may implement reasonable technical measures to limit or prevent automated access to our Services.

SECTION 17 — TERMINATION

We may suspend or terminate access to the Services where permitted by law if you violate these Terms, engage in fraudulent or abusive behavior, interfere with operation of the Services, or otherwise misuse our website.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should survive termination—including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and governing law—will remain in effect.

SECTION 18 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis except where we expressly provide otherwise.

We do not guarantee that access to the website will always be uninterrupted, secure, timely, or error-free.

Except for warranties that cannot legally be excluded, we disclaim express and implied warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Some states do not permit certain warranty exclusions, so portions of this section may not apply to you.

Nothing in these Terms limits any warranty, consumer protection right, or remedy that cannot legally be waived.

SECTION 19 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Mallard Co. Candles and its owners, officers, employees, affiliates, contractors, agents, service providers, licensors, and partners will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from or related to your use of the Services or products purchased through the Services.

This may include loss of profits, revenue, savings, data, or other similar losses.

Our liability will not be limited where doing so would be prohibited by applicable law.

Nothing in these Terms excludes liability that cannot legally be excluded.

SECTION 20 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Mallard Co. Candles, Clover & Kate LLC, Shopify, and our respective affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from:

  1. your material violation of these Terms;

  2. your violation of applicable law;

  3. your infringement of another party's rights; or

  4. your unlawful or unauthorized use of the Services.

SECTION 21 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

SECTION 22 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with policies incorporated by reference, constitute the agreement governing your use of the Services and supersede prior versions relating to the same subject matter.

SECTION 23 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations in connection with a merger, acquisition, sale, restructuring, or other lawful business transaction.

SECTION 24 — GOVERNING LAW

These Terms and any disputes relating to the Services will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any legal proceeding relating to these Terms or the Services will be brought in a court of competent jurisdiction serving the area in which Mallard Co. Candles maintains its principal place of business, unless applicable law provides otherwise.

SECTION 25 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Services, policies, technology, or legal requirements.

The current version will be posted on this page with an updated effective date.

Where required by law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 26 — CONTACT INFORMATION

Questions regarding these Terms may be sent to:

Clover & Kate LLC d/b/a Mallard Co. Candles
Email: hello@mallardcocandles.com
Mailing Address: 3968 Hunter Peak Rd. Roanoke, Texas 76262
Phone: 817-239-2471

Website: mallardcocandles.com