WEBSITE TERMS AND CONDITIONS
These terms and conditions apply to the use of this website. In using this website, you agree to
be bound by these terms and conditions. If you do not accept these terms and conditions, you
must refrain from using the website. These terms and conditions must be read in conjunction
with any other applicable terms and conditions governing the use of this website.
1. ABOUT OUR WEBSITE
1.1 Terminology
In these terms and conditions, the expressions "we", "us" and "our" are a reference to
The Candle Nut Pty Limited (ACN 138 993 165) and including its officers, employees
and agents.
1.2 Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time.
Amendments will be effective immediately upon notification on this website. Your
continued use of or placement of an order via this website following such notification
will represent an agreement by you to be bound by the terms and conditions as
amended.
1.3 Our website
This website offers for sale a range of products including candles, candle accessories
and other items. Products are offered for sale only to individuals who are over the age
of 18, able to enter into legally binding contracts and who nominate a delivery address
in Australia. You can place an order for products offered for sale on this website can be
made online by registering an account with us.
2. ACCOUNTS
Signing up for an account
To be able to place an online order via this website, you must register an account.
Registration for an account is free and accounts are non-transferable. To register, you
must complete your registration details in the manner described on the website.
We reserve the right to terminate your account at any time if you breach these terms
and conditions.
You must be 18 years old or over in order to register for an account. If you are under
18 years of age, you must not apply to register an account.
You agree to ensure that your account details are true and accurate at all times.
Specifically, you must notify us of any change to your account details as originally
supplied.
Account holders' obligations
If you are an account holder, you agree that:
* You will not disclose your username and password to any other person. We will
not be liable for any loss or damage suffered by you as the result of a disclosure
of your username and password by you.
* You accept full responsibility for all communications sent by you, including
without limitation any orders placed by you, through your account.
* You accept full responsibility for the correctness and accuracy of your account
details, and agree that you are responsible for maintaining the correctness and
accuracy of your account details.
User's obligations
As a user of this website, whether as a member or otherwise, you agree that when
using this website, you will not do or attempt to do any of the following:
* Gain unauthorised access to any part of the website or any other system, network
or server connected to the website, or any content, information, material or
documentation contained thereon, including by hacking or any other means;
* Use the website to obtain, trace or exploit the information, including personal
information, of any user or account holder of the website;
* Breach or circumvent any security or authentication measures on the website or
any other system, network or server connected to the website.
* Use any software, process or other means to interfere with the working of the
website in any way.
* Use the website for any purpose which is illegal or breaches these terms and
conditions.
3. ORDERS
Placing an order
You can place an order for a product offered on this website in one of the following
ways:
* Internet: via the website using an account
* Telephone: call (02) 47379930
You are responsible for the selection of any products included in an order. There is no
minimum order quantity or value. By clicking the 'Confirm' button at the end of the
online ordering process or submitting an order by telephone, you acknowledge that you
agree to the order (including the product/s ordered, the purchase price and postage and
handling costs) as well as to these terms and conditions, in their entirety and without
exception. Once an order has been submitted to us, we will not accept any cancellation
of the order.
Acceptance of order
We will accept your order subject to these terms and conditions. We reserve the right
to refuse to accept your order if we find that you are in breach of this condition or of
any of these terms and conditions.
Acceptance of orders is subject to availability of products. We reserve the right to limit
quantities (including after you have submitted an order) or not accept an order if a
product is or becomes unavailable at all or in the quantity ordered. Alternatively we
may seek to source further quantities of the product ordered but in this case there may
by delays in dispatch. In the event of the unavailability of product ordered, we will
contact you prior to completion of your order.
Cancellation due to error
You acknowledge that despite our reasonable precautions, products may be listed at an
incorrect price or with incorrect information due to a typographical error or like
oversight. In these circumstances, we reserve the right to cancel the transaction,
notwithstanding that an order has been received and/or your credit card has been
charged. We reserve this right up until the time of delivery of products to you. If a
cancellation of this nature occurs after your credit card has been charged for the
purchase, we will immediately issue a credit to your credit card account for the amount
in question.
4. PRICES
Currency
Prices for products offered on this website are given in Australian dollars and are
inclusive of all taxes including GST. Information relating to prices and product
availability is liable to change and is given by way of indication only. We reserve the
right to change our prices at any time, although products ordered will be invoiced at
the price in effect when the order was placed, subject to availability.
Postage and handling
Postage and handling costs are additional to product prices, unless stated otherwise. A
standard postage and handling cost will be indicated separately at the check out stage
of an order (prior to placement of the order).
Standard postage and handling costs are at a fixed priced for delivery via Australia
Post eParcel. The eParcel service ordinarily requires a parcel to be signed for at its
delivery destination. If you wish to request that a parcel be left at its delivery
destination without requiring a signature, you must such request in writing in the
'comment' field of your order form. In doing so, you acknowledge and agree that you
do so at your own risk and that we will not be liable in the event of a parcel being
damaged or missing. This option is not available for telephone orders.
Other forms of delivery including Express Post, courier or hand delivery by our staff
may be available on request subject to delivery location, and will be charged at the
actual cost of delivery. If you require another form of delivery, please contact us on
(02) 47379930 prior to placement of an order.
Order processing and delivery times
Orders will usually be processed and dispatched by us to Australia Post for delivery
within 3 to 5 business days (Monday to Friday, excluding public holidays gazetted in
NSW) of order. Delivery by Australia Post usually occurs within 1 to 10 business days
of dispatch for delivery to the address nominated by you on placement of your order.
Delivery times for delivery via another form may vary.
We aim to deliver your order in accordance with the above estimated time frame but
do not guarantee that any order will be delivered within this estimated time frame.
Delays in estimated delivery times may be experienced during peak order periods such
as Christmas. If we are not able to have your order delivered within the above
estimated time frame, we will contact you.
Order status
You can view the status of an online order through your account at any stage. Upon
receipt of your order by us, the status of your order will be shown as 'pending'. Upon
processing of your order, the status of your order will be shown as 'accepted'. Upon
dispatch of your product for delivery, we will update the status of your order as shown
in your account to 'shipped'.
Delivery conditions
We only accept orders that naminate a delivery address inside Australia. We do not
ship orders outside Australia.
In the event of a delivery being returned to us for any reason whatsoever, including but
not limited to you nominating an incorrect or incomplete delivery address, we reserve
the right and you expressly acknowledge and agree that we shall be entitled to recover
from you the actual cost of any fees or charges imposed by the delivering party. You
agree to make payment of such costs prior to any re-delivery of your order within 5
business days of notification by us, otherwise we reserve the right to cancel your order
and subtract the amount of such costs from any refund of the amount of your order.
5. PAYMENT
Payment methods
Payment for products ordered via the website may be made by:
* Credit card
* Direct deposit
* Cheque
* Money Order
* The Candle Nut Gift Voucher
Payment in full for any order must be received within 5 business days or order,
otherwise the order will be automatically cancelled.
Credit card payments
To help minimise the risk of interception and subsequent fraudulent use of your card
details, we operate a secure payment system that is compatible with SSL standards.
SSL is currently the most reliable and the most widely used encryption protocol on the
Internet. However, no transmission of data over the internet can be guaranteed as
completely secure. Please see clause 10.2 below further. If you do not wish to use your
credit card when placing an order via the website, you may contact us to place an order
by telephone. We also reserve the right in our discretion to request additional
information such as photograph identification before accepting a credit card payment,
or to refuse to accept a credit card payment.
Title
All goods remain our property until receipt of payment in full. We will normally
dispatch goods to you only upon receipt of payment in full.
6. GIFT VOUCHERS
You are able to purchase gift vouchers for use by you or another person via the
website. Upon purchase of a gift voucher, it will be emailed to your nominated email
address provided for your account within 24 hours of successful payment or checkout.
Gift vouchers are available in amount of AU$25, $50, $100, $500 or $1,000 and must
be used within 12 months of the date of purchase and expire thereafter. The whole
value of a gift voucher must be spent in a single transaction or order and any balance
will be forfeited. The use of gift vouchers is subject to these terms and conditions.
7. COUPONS
We may from time to time issue discount coupons or offer promotions to customers
and/or account holders. Such coupons or promotions may only be used towards
payment of or in conjunction with products ordered via the website, and may not be
redeemed for cash or used for any other purpose. All coupons issued or promotions
offered are subject to these terms and conditions and any other specific terms and
conditions under which the coupons are issued or promotions are offered at our
discretion. Where more than one coupon/promotion is available at any time, only one
such coupon or promotion can be claimed at that time and you are able to select which
available coupon or promotion you wish to claim at the time of order.
8. REFUNDS AND RETURNS
In the event that a product is damaged at the time of delivery to you, subject to these
terms and conditions we will gladly exchange the damaged product for a replacement
product or, if unavailable, provide a refund. A refund will only be provided where a
replacement product is unavailable.
If you believe a product is damaged or faulty, you must notify us within 48 hours of
delivery. If you do not notify us within 48 hours of delivery, we may choose in our
absolute discretion whether to consider your claim. We reserve the right to ask you for
proof of the damage or fault, such as by digital photograph or other means, or to return
the product to us for verification. If we determine in our reasonable discretion that a
product is damaged or faulty, we will assume the delivery costs of returning the
product to us and offer a refund or replacement product at our discretion. Prior to any
replacement product or refund being given, the damaged or faulty product must be
returned to us. If we determine in our reasonable discretion that a product is not
damaged or faulty, we may in our absolute discretion refuse to replace the product or
offer you a refund.
Refunds exclude all postage and shipping costs and will be made by cheque or via the
original payment method.
Subject to these terms and conditions, we do not offer refunds, credits or replacements
if you change your mind about a product, make an incorrect choice, or fail to verify or
accurately provide information when placing an order.
Subject to these terms and conditions, we do not offer refunds, credits or replacements
on products marked 'AS IS' or 'Factory Second/s'. Please ensure that you read the
product description and choose carefully.
9. DISCLAIMER
Use of this website
We do not accept responsibility for any loss or damage, however caused (including
through negligence), which you may directly or indirectly suffer in connection with
your use of this website, nor do we accept any responsibility for any such loss arising
out of your use of, or reliance on, information contained on or accessed through this
website.
Exclusion of warranties
To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is hereby excluded. This disclaimer set out in
these terms and conditions does not attempt or purport to exclude liability arising
under statute if, and to the extent, such liability cannot be lawfully excluded.
Where legislation implies any condition or warranty, and that legislation prohibits us
from excluding or modifying the application of, or our liability under, any such
condition or warranty, that condition or warranty will be deemed to be included in
these terms and conditions. Where the breach relates to the provision of goods under
these terms and conditions, our liability will be limited, at our election, to either the
supplying of the goods again or the payment of the cost of having the goods supplied
again.
Products acquired from us over our website are intended only to be used for the
purpose for which they have been manufactured. We make no warranty that products
acquired from us over this website will meet your requirements. Except as expressly
provided in these terms and conditions, we make no other representation, warranty or
guarantee, either implicit or explicit, in relation to any products offered on this
website.
In particular, we make no representation, warranty or guarantee that the colour of a
product will be the same as shown on your computer monitor. While we have
endeavoured to display as accurately as possible the colours of the products shown on
the website, your view will depend on your computer screen so we cannot guarantee
that any product's colour will match the colour seen on your computer screen.
10. LIABILITY AND INDEMNITY
No liability for loss or damage
You agree that we will be under no liability to you in respect of any loss or damage
(including indirect, special or consequential loss or damage) which may be suffered or
incurred by you or which may arise directly or indirectly in respect of goods or services
supplied pursuant to the services offered over this website.
Release and indemnity
You release and indemnify us against all actions, claims and demands (including the
cost of defending or settling any action, claim or demand) which may be instituted
against us arising out of a failure by us to comply with these terms and conditions or a
failure by a seller on a linked website to complete a sale or satisfy the requirements of
a sale.
You also release and indemnify us against all actions, claims and demands (including
the costs of defending or settling any action, claim or demand) which may be instituted
against us arising out of any act or omission on your part, including but not limited to a
failure by you to comply with your obligations under these terms and conditions.
11. SPECIFIC WARNINGS
Your use of this website
You must ensure that your access to this website is not illegal or prohibited by laws
which apply to you.
You must also take your own precautions to ensure that the process which you employ
for accessing this website does not expose your risk of viruses or other form of
interference which may damage your own computer system. For the removal of doubt,
we do not accept responsibility for any interference or damage to your own computer
system which arises in connection with your accessing of this website or any linked
website.
Security of Information
We will process credit card payments using a secure payment gateway system and take
other reasonable precautions to protect the security of your transmissions and data.
However, you acknowledge that despite all such measures on our part, there is a risk of
unauthorised access to or alteration of your transmissions or data or of information
contained on your computer system or on this website. We do not warrant and cannot
ensure the security of any information which you transmit to us, and do not accept
responsibility or liability of any nature for any such losses which you may sustain as a
result of such activity.
Accuracy of information
We do not warrant the accuracy, adequacy or completeness of any information
contained on this website information, nor do we undertake to keep this website
updated. We do not accept responsibility for loss suffered as a result of reliance by you
upon the accuracy or currency of information contained on this website.
Overseas laws
Details contained on this website relating to goods or services have been prepared in
accordance with Australian law and may not satisfy the laws of any other country. We
do not warrant that the details on this website concerning those goods or services will
satisfy the law of any other country. It is your responsibility to determine whether
these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is
outside Australia) and if the details do not satisfy the laws of your jurisdiction, you
may not order any goods or services from this website.
Other
We do not warrant that this website will be available at all times or at any specific
times.
We are not responsible in the event that a change to an account is not processed due to
technical difficulties affecting our system.
You acknowledge that a failure to comply with these terms and conditions entitles us
to terminate any account held by you. We may determine at our discretion whether
such a failure has occurred.
12. INTELLECTUAL PROPERTY
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and
software) is owned or licensed by us. Other than for the purposes of, and subject to the
conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation
which applies in your location, and except as expressly authorised by these terms and
conditions, you may not in any form or by any means:
* adapt, reproduce, store, distribute, print, display, perform, publish or create
derivative works from any part of this website; or
* commercialise any information, products or services obtained from any part of this
website;
without our written permission.
Trade marks
Except where otherwise specified, any word or device to which is attached the ™ or ®
symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services,
you must include a statement attributing that trade mark to us. You must not use any of
our trade marks:
* in or as the whole or part of your own trade marks;
* in connection with activities, products or services which are not ours;
* in a manner which may be confusing, misleading or deceptive;
* in a manner that disparages us or our information, products or services (including
this website).
Restricted use
Unless we agree otherwise in writing, you are provided with access to this website
only for your personal use. You are authorised to print a copy of any information
contained on this website for your personal use, unless such printing is expressly
prohibited. Without limiting the foregoing, you may not without our written
permission on-sell information obtained from this website.
13. PRIVACY POLICY
We undertake to comply with the terms of our privacy policy which is detailed in these
terms and conditions below.
14. GENERAL
Circumstances beyond our control
We accept no liability for any failure to comply with these terms and conditions where
such failure is due to circumstances beyond our reasonable control.
Termination of access
Access to this website may be terminated at any time by us without notice. Our
disclaimer will nevertheless survive any such termination.
Governing law
These terms and conditions are governed by the laws in force in New South Wales.
Waiver
If we waive any rights available to us under these terms and conditions on one
occasion, this does not mean that those rights will automatically be waived on any
other occasion.
Severability
If any of these terms and conditions are held to be invalid, unenforceable or illegal for
any reason, the remaining terms and conditions shall nevertheless continue in full
force.
To return to the website
To return to the website, click where indicated. By doing so, you acknowledge that you
have read, understood and accept the above terms of use.
PRIVACY POLICY
We committed to protecting your privacy when you visit our website or use electronic
services, such as product registration, technical support and product downloads. We
understand your desire to protect personal information and only emails to customers who have
agreed to receive our mailings. If, at any time, you want to stop receiving any emails from us,
click here to unsubscribe.
Our privacy policy is based on upon the National Privacy Principles (Extracted from the
Privacy Amendment (Private Sector) Act 2000).
What information do we collect?
Registration or input of personal information is requested for registration of an account with
us. We will not require anyone to disclose more personal information than we deem
reasonably necessary to register an account. However, if personal information is requested to
register an account, you cannot register an account without disclosing such personal
information.
Our website offers an online shopping service and we may request you to provide financial
information such as account or credit card numbers. We will use your financial information to
bill you for products and services or otherwise process your transaction. By making a purchase
on our website, you consent to our providing your financial information to our service
providers and to such third parties as we determine is necessary to process your transactions.
These third parties may include the credit card companies and banking institutions used to
process the transaction.
How we use the information we collect?
We use the information in the following ways:
1. To process and complete your online orders and to enable us to contact you in relation to
any order if required.
2. To provide you with information about new products, product upgrades, services, and
newsletters.
3. To provide you with special offers or coupons that may be of interest to you.
4. Our other marketing purposes.
If you request us not to use personal information in a particular manner or at all, we will adopt
all reasonable measures to observe your request but we may still use or disclose that
information if:
* we subsequently notify you of the intended use or disclosure and you do not object to
that use or disclosure;
* we believe that the use or disclosure is reasonably necessary to assist a law
enforcement agency or an agency responsible for government or public security in the
performance of their functions; or
* we are required by law to disclose the information.
Storage of your personal information and communications
We will preserve the content of any e-mail you send us if we believe we have the legal
requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance
purposes or if any form of e-mail abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such
circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant,
credit card details) is kept confidential to the best of our ability. You will appreciate, however,
that we cannot guarantee the security of transmission.
Access to your personal information
You are entitled to have access to any personal information relating to you which you have
previously supplied to us over this website. You are entitled to edit or delete such information
unless we are required by law to retain it.
With whom do we share information?
We DO NOT share your information with any third parties for any purpose which is not
incidental to your use of this website and it is not displayed on our websites.
How secure is shopping via this website?
We utilise Secure Socket Layer (SSL) technology to encrypt the data you provide to us while
placing an order online. This encryption is the standard for a safe online shopping system.
Please see our terms and conditions for more details.
Internet Protocol addresses
Our website automatically collects the Internet Protocol addresses of its visitors. We use IP
addresses to analyze trends, administer the website, track users' movements, and gather broad
demographic information for aggregate use. IP addresses are not linked to personally
identifiable information.
Cookies
We use cookies to help personalise the service you receive from us. A cookie is a text file that
is placed on your hard disk by a web page server. Cookies cannot be used to run programs or
deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read
by a server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time.
A cookie tells the server that you returned to a specific page and then remembers information
you have already supplied. This might be information such as delivery addresses or invoice
addresses. This saves you time as you don't need to complete the information again.
You have the ability to accept or decline cookies. Most web browsers automatically accept
cookies but you can usually modify your browser setting to decline cookies if you prefer. If
you choose to decline cookies, you may not be able to take advantage of the full Rainmakers?
What do you mean by this? website facility.
Contact us
If you have any questions about this Privacy Policy, the practices of our website, or your
dealings with this website, you can contact:
The Candle Nut Pty Ltd
(02) 47379930
or you can e-mail us at: info@thecandlenut.com.au