Custom Design, Development & Commission Policy

Effective Date: November 8, 2026

Version: 1.0

Legal Entity: Votive Candle Co. LLC

Jurisdiction: Florida, United States

Website: https://votivecandlestore.com

Contact: contact@votivecandlestore.com

1. Purpose and Scope

This Custom Design, Development & Commission Policy ("Policy") governs custom design, product development, prototyping, manufacturing, and related services provided by Votive Candle Co. LLC ("Votive Candle Co.," "Company," "we," "us," or "our").

The Policy applies to all custom projects commissioned directly through our website or through a written proposal issued by Votive Candle Co., including:

  • Original sculptural candles and decorative wax objects.
  • Custom candle jars, vessels, and containers.
  • Personalized candles and variations of existing designs.
  • Original 3D modeling and digital design development.
  • Physical prototypes, production masters, and silicone molds.
  • Private-label, branded, corporate, and wholesale candle projects.
  • Custom product development for boutiques, hotels, designers, and other commercial clients.
  • Reorders and modifications of previously developed custom products.

This Policy supplements our general Terms of Service, Shipping Policy, and Return & Refund Policy.

Any project-specific written agreement signed by both parties may establish additional or different terms. Mandatory consumer-protection laws and other applicable legal requirements take precedence over conflicting contractual provisions.

2. Definitions

For purposes of this Policy:

Custom Commission: A product or design service created or modified in response to an individual customer's request.

Original Design Commission: A custom project in which Votive Candle Co. develops an original design specifically for the client.

Existing-Design Personalization: A project that customizes a selected existing Votive Candle Co. design (for example color, fragrance, finish, or branding) without developing a new original design.

Design Rights Transfer: The transfer to the client of the design rights identified in the signed Project Agreement, taking effect upon full payment.

Project Agreement: The signed project agreement, which includes the accepted Project Proposal, that identifies the design rights being transferred and the other agreed terms.

Client Materials: Any photographs, drawings, artwork, logos, 3D models, technical files, specifications, or other materials supplied by the client.

Company-Created Design: Original design elements independently created by Votive Candle Co. or developed by contributors from whom Votive Candle Co. has obtained the necessary rights.

Production Assets: Digital models, CAD files, STL or other 3D files, prototypes, production masters, molds, tooling, manufacturing instructions, and related production resources.

Final Approved STL File: The final 3D design file approved by the client at the last design-approval stage of an Original Design Commission.

Project Proposal: The written quotation and project description setting out the agreed scope, price, deliverables, schedule, payment milestones, and any special rights or restrictions.

Design Approval: The client's written authorization to proceed with a specified version of a design.

Deliverables: The physical or digital items expressly identified as included in the accepted Project Proposal.

3. Project Inquiries and Acceptance

Submitting an inquiry, sketch, photograph, reference file, or project description does not automatically create a manufacturing contract, transfer intellectual-property rights, or obligate Votive Candle Co. to accept the project.

We may review the proposed concept to determine its feasibility, estimated development requirements, production methods, and commercial suitability.

We reserve the right to decline projects for legitimate business, technical, safety, legal, or intellectual-property reasons.

A custom project is accepted only when:

  1. Its scope and essential specifications have been agreed upon in writing.
  2. The applicable design-rights arrangement has been confirmed.
  3. The client has accepted the Project Proposal and applicable contractual terms.
  4. Any required initial payment has been received.

Where necessary, a separate signed agreement may be required before work begins.

4. Custom Design Services

Votive Candle Co. offers varying levels of customization and original product development.

4.1 Personalization of Existing Designs

Customers may request changes to selected existing Votive Candle Co. products, including color, fragrance, decorative finish, or approved branding elements.

Unless expressly agreed otherwise, personalization does not confer ownership or exclusive rights in the underlying product design.

4.2 Original Sculptural Candle Development

We may develop a new sculptural candle from an idea, written description, sketch, photograph, or other reference.

Depending on the project, development may include digital modeling, dimensional adjustments, production-master creation, mold development, casting, and finishing.

4.3 Original Candle Jar and Vessel Development

We may develop custom candle jars and vessels with original shapes, dimensions, surface ornamentation, textures, reliefs, and decorative features.

Custom vessel development may include 3D modeling, prototyping, resin-master production, mold creation, casting, finishing, and compatibility testing where appropriate.

Not every proposed vessel is suitable for use with an open flame. The intended application, materials, construction, and safety requirements must be evaluated before approval for candle use.

4.4 Commercial and Wholesale Development

Commercial projects may involve larger quantities, private-label products, packaging, product specifications, and repeat production.

These projects may require additional commercial terms, production minimums, testing, and approval procedures.

5. Original Custom Designs: Exclusive to the Client

All original designs that Votive Candle Co. develops specifically for a client are exclusive to that client.

When a client commissions an original design developed specifically for them, the design rights identified in the signed Project Agreement are transferred to the client upon full payment.

We will not reproduce or sell the client's design to other customers without the client's permission.

Existing-design personalization is different. The underlying Votive Candle Co. design remains ours, while the client's original artwork and branding remain theirs. Personalization does not transfer rights in the underlying design.

The Project Agreement identifies exactly which design rights are transferred. Rights in third-party materials, and rights that cannot lawfully be transferred, are not affected.

6. Client Ideas, Inspiration, and Original Contributions

A client may start a commission with a general concept, aesthetic direction, decorative theme, or proposed product. General ideas and concepts are legally distinct from their protected expression.

6.1 Client-Owned Artwork and Materials. Where the client supplies original drawings, artwork, logos, 3D models, or other protectable materials, the client keeps any rights they lawfully own in them. Votive Candle Co. uses them only as needed to carry out the commission (see Section 7).

6.2 Third-Party Rights. Where a design incorporates third-party intellectual property (for example licensed characters, trademarks, or another artist's work), the design rights transferred to the client are subject to those third-party rights. The client is responsible for obtaining any permission needed for their own use of that material.

6.3 Collaborative Contributions. Where both parties contribute potentially protectable elements, the Project Agreement states how ownership of the resulting design is allocated. Neither party gains ownership of the other's pre-existing intellectual property by taking part in the development process.

6.4 Unclear Rights. If the rights to a design are unclear, Votive Candle Co. may pause development until they have been clarified.

6.5 General Techniques. Votive Candle Co. keeps the right to use its general skills, techniques, trends, artistic styles, and unprotected concepts on other work, provided it does not reproduce or sell the client's design.

7. Ownership of Client-Supplied Materials

Clients retain ownership of their pre-existing intellectual property, including original artwork, trademarks, logos, brand identities, photographs, and digital files, to the extent they legally own those rights.

By submitting Client Materials, the client grants Votive Candle Co. a limited, non-exclusive authorization to use those materials as reasonably necessary to evaluate, develop, produce, and deliver the commissioned project.

This limited authorization does not grant Votive Candle Co. the right to independently market, distribute, or sell the client's protected artwork or proprietary designs to third parties.

Any broader commercial license must be separately agreed upon in writing.

The client represents that they own, control, or have the necessary permissions to submit the materials for the intended project.

Clients must not knowingly submit materials that infringe another person's intellectual-property, privacy, or publicity rights.

Votive Candle Co. may request proof of authorization or decline materials that present a reasonable infringement concern.

8. Transfer of Design Rights and Retained Rights

8.1 Transfer. Design rights in an Original Design Commission transfer to the client as identified in the signed Project Agreement, upon full payment. Until full payment is received, Votive Candle Co. retains those rights.

8.2 What Votive Candle Co. retains. Votive Candle Co. keeps its pre-existing design library and existing designs, its technical processes, production methods, trade secrets, and know-how, and any rights in the Project Agreement not expressly transferred.

8.3 Records and reorders. Votive Candle Co. may keep copies of the design files and may use the production master and mold it holds solely to produce the client's orders and for its business records. It will not reproduce or sell the client's design to others without the client's permission.

8.4 Form of transfer. Where a transfer, assignment, or license of specified rights is needed, it must be set out in a written agreement satisfying applicable legal requirements. No provision of this Policy claims ownership of intellectual property legally belonging to the client or a third party.

9. Exclusivity and Restrictions

Because original designs are exclusive to the client, Votive Candle Co. will not manufacture or sell the client's design for anyone else without the client's permission.

The Project Agreement may further specify:

  • The exact design or design elements covered.
  • Whether color, size, or derivative variations are covered.
  • Any confidentiality obligations.
  • Any third-party rights that limit the transfer.
  • Production requirements, including any minimum quantities that apply to a project.

After the design rights have been transferred, the client may use, produce, or have the design produced as they choose, subject to applicable third-party rights and the terms of the Project Agreement.

10. Design Fee and What Is Included

The published design fee for an Original Design Commission covers the custom design and development work, the transfer of the design rights identified in the Project Agreement upon full payment, the Final Approved STL File, up to three rounds of design refinements, and one finished candle made from the approved design.

The design fee does not include additional candles (priced separately based on weight and scent), a physical silicone mold, a printed master, special materials or finishes, packaging, shipping of additional wholesale candles, or taxes, unless the Project Proposal states otherwise.

Fees are confirmed in the Project Proposal before design work begins.

11. Digital Design Files and 3D Models

Original design-development projects include the Final Approved STL File, provided after project completion and full payment.

Delivery of the file confirms the file only. The rights it represents are those identified in the signed Project Agreement and are subject to any applicable third-party rights.

Intermediate working files, internal process files, Votive Candle Co.'s existing design files, and proprietary tooling instructions are not included unless the Project Proposal states otherwise.

No provision of this section transfers ownership of a client-owned file to Votive Candle Co. or limits the client's independent rights in their original materials.

12. Production Masters, Molds, and Tooling

Developing a custom design may involve a 3D-printed production master, a silicone mold, prototypes, templates, and other manufacturing resources.

A physical mold and printed master are not automatically included in custom design-development fees. They remain Votive Candle Co. production resources unless the Project Proposal states otherwise.

Where available, a client may purchase a physical silicone mold. A mold is priced separately based on size, complexity, and material requirements and is quoted in the Project Proposal before anything is made.

The purchase of a physical mold does not itself transfer design rights; design rights are governed by the Project Agreement.

Votive Candle Co. does not guarantee indefinite mold life. Durability depends on materials, design complexity, usage, storage, and ordinary wear. A replacement mold or tooling may require additional charges.

13. Project Proposals, Pricing, and Payment

Each original custom project is subject to an individual quotation or published service price confirmed by a Project Proposal.

Pricing may include:

  • Concept development and design services.
  • 3D modeling and approved revisions.
  • Prototyping and physical master production.
  • Mold creation.
  • Sample production and testing.
  • Finished candles or vessels.
  • Special materials, finishes, or fragrances.
  • Digital-file deliverables.
  • Commercial licensing or exclusivity.
  • Packaging, shipping, and applicable taxes.

Unless otherwise indicated in the accepted proposal, additional products, revised designs, extra tooling, and additional services are charged separately.

Custom design work begins after the required contractual approvals and initial payment have been received.

Payment milestones will be stated in the proposal.

We do not initiate additional chargeable work outside the agreed scope without communicating the change and obtaining the client's authorization.

Quoted pricing is stated in U.S. dollars unless expressly indicated otherwise.

14. Design Development and Revisions

Original custom-design projects include up to three rounds of design refinements within the agreed concept, unless the Project Proposal expressly provides otherwise.

A refinement generally consists of reasonable adjustments to an existing design direction, such as proportional changes, selected surface details, or dimensional refinements.

A substantially different concept, new subject, major structural redesign, or change in the intended product application may constitute a new design scope.

Additional revisions may incur fees agreed upon before the work is performed.

The Company may recommend or require technical modifications necessary for production feasibility, structural performance, or safety.

Where a proposed design cannot be manufactured safely or reliably, Votive Candle Co. may offer an alternative approach or decline the affected production stage.

15. Design Approval and Production Authorization

Before production of the final master or tooling, the client will have an opportunity to review the agreed design at the applicable approval stage.

Approval may be provided electronically, including by email or an agreed electronic approval system.

The client is responsible for reviewing the supplied specifications and identifying any requested corrections before approval.

After written design approval, the Company may proceed with the authorized production work.

Changes requested after approval may require additional design, material, tooling, or production charges, subject to prior client authorization.

Design approval does not replace any technical or safety testing necessary for the product's intended use.

Votive Candle Co. remains responsible for delivering products that conform to the contractual specifications and applicable legal requirements.

16. Samples and Pre-Production Approval

For qualifying projects, Votive Candle Co. may provide digital renderings, photographs, video documentation, or physical samples for review.

The Project Proposal will identify whether sample development is included and whether physical samples or shipping incur additional charges.

Samples are intended to confirm agreed visual, dimensional, and finishing characteristics.

For larger commercial projects, mass production may be conditional upon written sample approval.

Minor differences may occur between an approved handmade sample and subsequent production units, within the agreed tolerances.

Where material characteristics, construction, or safety performance require additional testing, production may remain conditional upon satisfactory results.

17. Materials, Product Suitability, and Safety

Votive Candle Co. produces handcrafted candles and decorative objects using selected waxes, fragrance materials, pigments, casting materials, and other production components appropriate to the agreed product.

Final material specifications will depend on the product type and confirmed Project Proposal.

Not every decorative design can safely function as a burning candle.

A sculptural candle or custom vessel may require modifications to its dimensions, wall thickness, wick configuration, formulation, structure, or construction before it can be approved for its intended use.

We reserve the right to decline unsafe design features, unsuitable materials, or combinations that do not meet our production and safety requirements.

Products designated as decorative-only must not be burned.

Clients must follow all supplied safety labels, candle-care instructions, and use restrictions.

For commercial and private-label projects, labeling responsibilities, testing requirements, and any relevant product-compliance documentation will be defined before production.

We do not guarantee that a client's proposed design, material, or container will be suitable for candle use merely because it can be manufactured.

18. Handmade Characteristics and Tolerances

Our products are handmade and may exhibit reasonable variations inherent to their materials and production processes.

Such characteristics may include subtle color variations, wax frosting, minor surface texture, small casting marks, or variations in hand-applied finishes.

Where exact dimensional, color, weight, or finishing tolerances are essential, those requirements must be expressly stated and accepted in the Project Proposal.

Photographs, renderings, and digital color references may appear different across screens, lighting conditions, and physical materials.

However, inherent handmade variation does not excuse a product that materially fails to meet agreed specifications, applicable safety requirements, or mandatory consumer rights.

19. Production Timelines and Client Delays

Each custom project has its own development and production requirements.

Any estimated project schedule will be identified in the proposal and, where appropriate, updated after design approval.

The production timeline may depend on:

  • Receipt of required payments and specifications.
  • Client responses and design approvals.
  • Availability of materials.
  • Completion of prototypes and tooling.
  • Product testing.
  • Production quantity and complexity.

If a client delays a required decision or approval, Votive Candle Co. may propose a revised production schedule.

We will not treat a client's silence as approval of a material design change, additional charge, or an indefinite shipping delay.

For merchandise orders, applicable legal requirements concerning shipping commitments, delay notices, cancellation choices, and refunds will be honored.

20. Cancellations and Termination

Custom development requires time, materials, and specialized labor. Cancellation rights and the financial consequences of cancellation depend on the stage of the project and the accepted proposal.

20.1 Initial Cancellation Window

For consistency with our general Terms of Service, customers may request cancellation within twelve (12) hours of placing a paid custom order.

Unless a separate legally valid arrangement specifically provides otherwise, paid custom development will not begin during that initial cancellation period, and eligible cancellations during that period will receive a full refund.

20.2 Cancellation After Development Begins

Once the initial cancellation period has expired and authorized development has begun, the client may request cancellation in writing.

Fees for design services actually completed, and authorized nonrecoverable costs already incurred, may be retained or charged only as permitted by applicable law and the accepted Project Proposal.

Any unearned advance amounts will be refunded where required by contract or law.

20.3 Cancellation After Final Design Approval

Where master production, mold creation, material procurement, or physical manufacturing has been authorized, additional completed work and committed costs may apply.

The Company will explain the project status and the contractual basis for any retained amounts.

20.4 Cancellation by Votive Candle Co.

Votive Candle Co. may terminate a project where lawful performance becomes impracticable, the client materially breaches the agreement, necessary rights cannot be established, or substantial safety concerns prevent production.

Any resulting refund or payment reconciliation will reflect applicable law, completed services, authorized costs, and the circumstances of termination.

Nothing in this section limits a customer's non-waivable cancellation, refund, or other statutory rights.

21. Returns, Refunds, and Product Defects

Because custom products are produced to individual specifications, they are generally not eligible for discretionary returns based solely on changed preferences or a decision that the customer no longer wants the product.

This exclusion does not eliminate rights arising from:

  • Damage during delivery.
  • Incorrect products.
  • Material manufacturing defects.
  • Material nonconformity with approved specifications.
  • Applicable warranties or mandatory consumer-protection laws.
  • Failure to meet legally applicable shipping or fulfillment obligations.

Customers should inspect deliveries promptly and contact contact@votivecandlestore.com if an issue is identified.

For visible shipping damage or an incorrect item, we request notification within three business days of delivery, or as soon as reasonably possible.

We may request photographs and relevant order details to assess the issue.

Where appropriate and legally permitted, remedies may include repair, replacement, correction, or refund.

The applicable Return & Refund Policy governs ordinary return procedures, except where a specific custom-project agreement or mandatory law provides otherwise.

22. Shipping, Packaging, and Delivery

Shipping charges, destinations, packaging requirements, and delivery arrangements will be disclosed in the accepted proposal or applicable checkout terms.

Custom products may require special packaging or shipping arrangements due to their size, weight, fragility, or commercial quantity.

The Company's ordinary processing timelines for standard products do not automatically apply to original custom design and development projects.

We will communicate material shipping delays and provide legally required cancellation or refund options.

Clients are responsible for providing accurate delivery information.

For wholesale, international, or specially arranged shipments, any additional freight, insurance, customs, or delivery obligations must be confirmed separately.

23. Reorders and Repeat Production

Where Votive Candle Co. holds the production master or mold for a client's design, it may use them to produce the client's reorders without repeating the original design process.

Repeat orders are subject to material availability, production capacity, current pricing, and safety requirements. A previous design-development payment does not guarantee unchanged prices or unlimited replacement tooling at no charge.

Changes to dimensions, construction, materials, or the underlying design may require additional development or testing.

Once the client's design rights have been transferred, the client may also arrange production elsewhere (see Section 9). Votive Candle Co. will not produce the client's design for others without the client's permission.

24. Confidentiality and Publicity

Votive Candle Co. respects the confidentiality of customer relationships and commercially sensitive project information.

We will not publicly identify a client, disclose their confidential business information, or publish customer-specific project photographs or branding for promotional purposes without appropriate authorization.

Information may be shared with personnel, contractors, professional advisers, or service providers where reasonably necessary to perform the project, administer the business, or comply with applicable law, subject to appropriate confidentiality and data-protection safeguards.

A standard custom commission does not automatically include a negotiated non-disclosure agreement.

Clients requiring formal pre-disclosure confidentiality protection should request a separate written non-disclosure agreement before submitting trade secrets or highly sensitive proprietary information.

We will publish photographs or details of a client's custom project only with the client's permission. We respect the privacy of every custom commission and will not publicly feature a project without authorization.

25. Commercial Clients and Private-Label Products

Businesses commissioning custom products for resale, hospitality, corporate gifting, or private-label distribution may be subject to additional requirements.

Depending on the project, these may include minimum order quantities, commercial pricing, product labels, packaging, approved marketing claims, testing, production schedules, and brand-use requirements.

The client is responsible for providing accurate branding information and securing necessary rights to materials it supplies.

Responsibility for regulatory labeling, distribution, marketing claims, and other commercial obligations will be allocated in the Project Proposal or a separate commercial agreement.

No client may imply that Votive Candle Co. has approved claims about a product's medical, therapeutic, or other regulated effects unless expressly authorized and legally supportable.

26. Representations and Intellectual-Property Infringement

Each client represents that they have authority to enter into the project agreement and the necessary rights to authorize the use of materials supplied for that project.

Votive Candle Co. reserves the right to reject or discontinue proposed uses that reasonably appear to infringe another party's intellectual-property rights.

If an intellectual-property claim arises, the parties will cooperate in good faith to identify the disputed material and assess appropriate corrective action.

Any obligation to defend, indemnify, or reimburse the other party in connection with a third-party claim must be established by an applicable enforceable agreement and is subject to governing law.

Nothing in this Policy requires a consumer to assume liability for the Company's own independent infringement or unlawful conduct.

27. Warranties and Limitations of Liability

Votive Candle Co. aims to deliver products consistent with the accepted specifications and applicable quality and safety requirements.

No handcrafted production process can guarantee absolute identity between individual units where reasonable variation is permitted by the agreed specifications.

Except for express commitments in the applicable agreement and warranties that cannot lawfully be excluded, any additional warranties or remedies are governed by our Terms of Service and applicable law.

To the extent permitted by law, liability for indirect or consequential commercial losses may be limited under the applicable agreement.

No provision excludes or limits liability where doing so is prohibited by law, including legally protected claims involving personal injury, defective consumer products, fraud, or other non-waivable rights.

Any negotiated limitation of liability for a significant commercial project should be expressly stated in its separate agreement.

28. Circumstances Beyond Reasonable Control

Production may be affected by circumstances beyond the Company's reasonable control, including natural disasters, major disruptions to material supply, transportation interruptions, or equipment failures.

We will make commercially reasonable efforts to communicate significant disruptions and identify suitable alternatives.

Such events do not eliminate any legally required notice, cancellation, refund, or other consumer-protection obligations.

29. Electronic Communications and Agreements

Project proposals, design approvals, invoices, and contractual communications may be exchanged electronically where the parties agree to conduct the transaction electronically.

Electronic signatures and electronic records may be used where permitted by applicable law.

We recommend that customers retain copies of all accepted proposals, invoices, approvals, and signed agreements.

A record of website acknowledgment may support evidence of notice and consent but does not substitute for any separately required signed Project Agreement or other written agreement transferring design rights.

30. Relationship to Other Policies

This Policy should be read together with the Company's:

  • General Terms of Service.
  • Return & Refund Policy.
  • Shipping Policy.
  • Privacy Policy.
  • Any accepted Project Proposal or signed Project Agreement.

For project-specific commercial terms, the individually signed agreement controls where legally permitted.

No general website policy overrides non-waivable rights or a valid intellectual-property agreement executed by the relevant rights holders.

31. Governing Law and Dispute Resolution

This Policy is governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, except where another law mandatorily applies.

Customers are encouraged to contact Votive Candle Co. first to seek an informal resolution of any project-related dispute.

Any applicable dispute-resolution or arbitration provisions contained in the Company's general Terms of Service remain subject to their own enforceability and applicable law.

Where a separate signed commercial agreement establishes a different legally valid dispute-resolution procedure, that agreement will govern the covered dispute.

Nothing in this Policy deprives a customer of statutory rights or remedies that cannot legally be waived.

32. Changes to This Policy

Votive Candle Co. may update this Policy to reflect changes in operations, services, or legal requirements.

Unless the parties expressly agree otherwise, changes will not retroactively alter the contractual rights or obligations of a previously accepted project.

The policy version applicable to a commission should be preserved with the accepted Project Proposal.

33. Contact Information

For questions concerning custom commissions, design ownership, licensing, exclusivity, production, or project agreements, please contact:

Votive Candle Co. LLC

Website: https://votivecandlestore.com

Email: contact@votivecandlestore.com

State of Organization: Florida, United States

Customer Acknowledgment

The inquiry form asks the client to acknowledge this Policy. The client confirms acceptance again in the Project Proposal before design work begins.

The design rights identified in the signed Project Agreement transfer to the client upon full payment.

End of Policy