Terms & Conditions of Sale
Candles2go Terms & Conditions of Sale
Introduction
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us you agree to be bound by them. The Content on Our Website is for general information purposes only. Furthermore, we do not warrant or make any representations as to any third party products or services described or referred to on Our Website. Any use of the materials or information found on our website by another person or organisation is entirely at the user's own risk.
Please be aware that insurance is not covered in our free delivery option.
In our opinion it is highly advised that you select the insurance option. If you are unlucky enough to receive a damaged item, we can replace it for you.
We are: Candles2go
Our address is: 2/18 Blaxland Rd, Campbelltown, NSW 2560
You are: a visitor to our website / our customer
The Terms and Conditions
1 Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry products or goods from us to you, whether all or part of the distance.
“Content” means any material in any form published on our website by us or any third party.
“Consumer” means any natural person who in connection with this agreement is acting for purposes which are outside this business.
“Goods” means any of the products we offer for sale on our website.
“Material” means content of any sort posted by you on our website.
“Our Website” means the entire computing hardware and software installation that is or supports our website ()
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows you as a visitor to our website.
2.2 In any event to you as a buyer or prospective buyer of our products.
2.3 We shall notify you of our acceptance of your order by confirmation e-mail . That is when the contract is made. A confirmation e-mail will also confirm details of your purchase. You will also be notified by e-mail when we have despatched your order.
2.4 We may change these terms and conditions from time to time. The terms that apply to you are those posted here on our website on the day you order your products. It is your responsibility to check our website regularly for updated versions of these terms and conditions.
2.5 Where possible we will ensure we have sufficient stock to meet expected orders. The website is updated when products are no longer available. Unfortunately we cannot guarantee that we will always have sufficient stock of advertised products on our website.
2.6 If we do not have all of the products you order available in stock, we may offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer; or
2.6.2 cancel all or part of your order;
2.7 In the event you cancel all or part of your order, pursuant to clause 2.6.2 we will credit your credit or debit card for the relevant order amount as soon as reasonably practicable but in any event no later than 30 days from the date we confirmed cancellation of your order.
2.8 If in future, if you purchase products from us under any arrangement which does not involve your payment via our website these terms and conditions will still apply.
3 Your Account with Us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We require correct information about you to provide you with the products you have purchased. Please review our Privacy Policy for further information about how we collect, store and use your personal information. Click here for our Privacy Policy.
3.2 If you use our website you are responsible for maintaining the confidentiality of your login details and password.
3.3 You agree to accept responsibility for all activities that occur within your account. If you feel your account has been accessed without your authority please contact us immediately. We also recommend that you log in to your account and change your password from time to time.
3.4 We reserve the right to refuse you access to our website at our sole discretion.
4 Price and Payment
4.1 All prices for products listed on our website are in Australian Dollars (AUD). All orders must be paid for in Australian Dollars (AUD).
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
4.3 All prices listed on our website are inclusive of the Australian Goods and Services tax (GST) payable under the New Tax System (Goods and Services Tax) Act 1999.
5 Delivery
5.1 Deliveries will be made by post or by a delivery carrier instructed by us to the address stipulated in your order. It is your responsibility to ensure that someone is present to accept delivery of your order.
5.2 If we are unable to deliver your order after two attempts by the carrier, we will notify you to try to arrange an alternative date for delivery. If we have been unable to contact you after 10 days from the first time delivery was attempted, we will cancel your order and refund money paid by you for the products that was ordered, less any charge for delivery.
5.3 We may deliver the products in instalments if they are not all available at the same time for delivery.
5.4 Products are sent at your own risk until signed for by you or by any other person at the address you have supplied.
5.5 Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, and your location within Australia, this period may be extended by up to 30 days. We will endeavour to provide you with reasonable notice of that extension.
6 Cancellation of Order and Change of Mind
6.1 Change of mind is only considered within 7 days of purchase if the goods are un-opened and in merchantable condition. All costs are at the purchasers expense including shipping.
6.2 Please refer to the ACCC Consumer Guarantees guide for further information.
7 Foreign Taxes, Duties and Import Restrictions
7.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8 Faulty Products (Excluding broken glass – refer to clause 15).
8.1 You must give Candles2go notice of any perceived fault in the Goods within a reasonable time from the date of delivery of your order.
Candles2go deems 14 days to be a reasonable time for typical Goods, and Goods returned outside this time will only be accepted for return by Candles2go at their discretion on a case by case basis. As such, it is vital that you check the Goods upon delivery.
8.2 Notice of fault will be deemed to have been given upon receipt of either an email from you to us at sales@candles.com.au or by letter to our land address at 2/18 Blaxland Road Campbelltown, NSW 2560.
In your correspondence you must include a description of the Goods, the date of purchase, a description of the fault and any evidence to justify you claim (e.g. photograph, video), that you would like to return the Goods. Candles2go will then issue a returns note.
8.3 Upon receipt of a returns note, you must return the Goods to your nearest store wherein Candles2go will conduct an inspection of the Goods. If you send your order back to us without a returns note, we may not be able to identify sufficient details to enable us to confirm your return.
Where it is deemed the Goods have a minor defect or fault, you agree that Candles2go is entitled to make an election to either repair or replace the Goods with an identical product or a product of similar value.
Where the Goods are deemed to have a major defect or fault, you may elect to have us repair or replace the Goods, or provide you with a refund (less our expenses if the fault is deemed to be due to your misuse). Where it is deemed there is no fault with the Goods you agree you will not be entitled to a refund or replacement. Please refer to the consumer guarantees under the Australian Consumer Laws for further information relating to your rights.
8.4 All products should be returned using the following procedure to ensure safe delivery of the Goods:
8.4.1 in original packaging and in the condition in which the Goods were received;
8.4.2 securely wrapped;
8.4.3 including our delivery slip;
8.4.4 at your risk and cost.
8.5 For the avoidance of doubt, nothing in this clause 8 shall be construed as adding to, broadening, or conversely, removing, restricting or modifying the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law or otherwise in the Competition and Consumer Act 2010).
9 Disclaimers
9.1 We or our Content suppliers may make improvements or changes to our website, the content or to any of the goods, at any time and without advance notice.
9.2 You are advised that content may include technical inaccuracies or typographical errors. This is inevitable for any large website. We would be grateful if you could bring to our immediate attention of any that you find.
9.3 To the full extent permitted by law we don't give warranty and make no representation express or implied as to:
9.3.1 the adequacy or appropriateness of the goods for your purpose;
9.3.2 the truth of any content on our website published by someone other than us;
9.3.3 any condition, merchantability or fitness of the goods for a purpose other than that for which the goods are commonly used; or
9.3.4 compatibility of our website with your equipment, software or telecommunications connection.
9.4 Our website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits whether in an action of contract, negligence or otherwise arising out of or in connection with your use of our website or the purchase of goods.
9.6 In any event, including the event that any term, condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
10 Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all content of our website. The title and ownership rights shall remain the sole property of us and / or the other content providers. We will strongly protect those rights in all countries.
10.3 You may not use our name, logos or trade marks or any other Content on any website of yours or that of any other person.
10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
10.5 Subject to the other terms of these terms and conditions, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
11 Your Email Address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority to desist from using or permitting the use of a particular domain name as part of a name or email address.
12 System Security
12.1 We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13 Indemnity
You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of our website, your posting of any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or organisation.
14 Miscellaneous Provisions
14.1 When we communicate with you we will usually do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
14.3 Nothing in these terms and conditions or on our website shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in these terms and conditions shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms and conditions or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 These terms and conditions shall be governed by and construed in accordance with the law of Australia. These terms and conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
- Goods Damaged in Transit
15.1 If goods are damaged in transit, please do not sign for the goods, as you are signing that the products were received all in good order.
15.2 By choosing to instruct a courier to leave goods without signature, you are waiving your insurances and ability to claim against damaged or stolen goods. We strongly advise against the option of leaving goods without signature.
15.3 In the case of goods damaged in transit without external damaged to the packaging, photos will be required of the internal and external of the package, as well as the damaged goods themselves. All claims are to be lodged within 24 hours of delivery.
15.4 In the case of goods damaged in transit where insurance has been paid for in the checkout, the damaged goods only will be assessed, and if deemed to be damaged in transit by Candles2go, will be replaced and shipped to the customer at the expense of Candles2go.
15.5 In the case of goods damaged in transit where insurance has not been paid for in the checkout, the damaged goods only will be assessed, and if deemed to be damaged in transit by Candles2go, will be replaced by Candles2go at nil cost with the shipping costs being paid by the customer.
- Coupon Codes
16.1 The use of coupon codes can be revoked at any time. Coupon codes are an extension to add value to specific customers. Coupon codes cannot be used in conjunction with any other discount or offer, cannot be used to discount sale items, clearance items or 'lowest price' items.
16.2 Only one (1) coupon can be used per order created (1 coupon code - per 1 transaction).
16.3 To determine if your product is not eligible for discounting, refer to the relevant product page, between price and add to cart buttons.
- Electronic Gift Vouchers (E-Gift Vouchers)
17.1 Candles2go E-Gift Vouchers can be redeemed for product via the Candles to go website only and cannot be used in store.
17.2 Candles2go E-Gift Vouchers are available in denominations of AUD $50, $100, $250 and $500.
17.3 Fees may apply at the time a Candles2go E-Gift Voucher is purchased. Standard GST, service/delivery and credit card fees will apply when a Candles2go E-Gift Voucher is redeemed.
17.4 Candles2go E-Gift Vouchers are valid for 36 months from the date of purchase and must be redeemed within that period.
17.5 Candles2go will not refund Candles2go E-Gift Vouchers unless required by law.
17.6 Candles2go E-Gift Vouchers are partially redeemable. If the cost of the purchase exceeds the redeemable value of a Candles2go Gift Voucher, the voucher holder is required to pay the difference between the purchase price of the ticket and the value of the particular Gift voucher. The full value of any unused credit remaining on a E-Gift Voucher must be redeemed before alternative payment methods will be accepted in respect of the outstanding balance of the transaction.
17.7 If the purchase price of an order is less than the value of a Candles2go E-Gift Voucher used for redemption, the residual credit balance of the E-Gift Voucher will remain on the particular voucher and may be redeemed in the future in accordance with these terms and conditions.
17.8 Candles2go E-Gift Vouchers are not redeemable for cash and cannot be resold or exchanged.
17.9 Candles2go E-Gift Vouchers cannot be redeemed for further Candles2go E-Gift Vouchers.
17.10 Candles2go E-Gift Vouchers are not reloadable. When the value of a E-Gift Voucher is redeemed, the particular voucher cannot be reloaded.
17.11 Candles2go may cancel a E-Gift Voucher, refuse redemption or cancel orders redeemed using a Candles2go E-Gift Voucher if it suspects that a E-Gift Voucher is being used fraudulently, in an unauthorised or illegal manner, or it has reason to believe that the voucher holder is in breach of these terms and conditions.
17.12 Your Candles2go E-Gift Voucher is non-refundable and non-returnable, except in accordance with your legal rights. You cannot cancel your Gift Voucher.
17.13 Your E-Gift Voucher has no cash redemption value and cannot be exchanged for cash, nor can any cash advance be made on any portion of the value that was loaded onto your E-Gift Voucher at the time of purchase.
17.14 You cannot exchange your E-Gift Voucher for a different denomination, nor can you consolidate the unused value of two or more E-Gift Vouchers on a new Candles2go Gift Voucher.
17.15 Once 36 months have passed since the date of purchase of the Gift Voucher, you will not be able to use your Voucher again (even if all or part of the value loaded at the time of purchase remains on the card), and nor will you be able to claim a refund of any unused value remaining on the Gift Voucher.
17.16 Upon expiry of the E-Gift Voucher any unused value remaining on the Voucher is forfeited.
17.17 You should treat the E-Gift Voucher as if it were cash. If you lose your Voucher Code it will not be replaced and you will lose any unused funds on it in just the same way as if you lost your wallet.
- Price Match Policy
Our price match guarantee gives you peace of mind! If you find a lower price, in Australia, just show us the lower price within 3 days of your purchase and we will refund you the difference!
There are some conditions that apply:
- Customer must provide us with a link to the advertised product and it must be for the same style, materials, quality and certification.
- The advertised product must be in stock and available for same day dispatch.
- The price match policy only applies to Australian based companies.
- The price match policy takes into account the postage & packaging costs including the type of delivery used.
- The advertised or quoted price must be advertised in a media form for the general public and must not be part of a promotion or sale.
- The price must take in any coupon used as your net price