These Sale Terms and Conditions form part of the terms and conditions of sale for products ordered through the Creative Candles and Wisdom website (the website) or manually by arrangement with Creative Candles and Wisdom.
If ordering via the website, you must accept the following terms & conditions in order to confirm your order on the Checkout page. If your order is placed manually, by completing your order after being provided with a copy of these Sale Terms and Conditions, you agree that these Sale Terms and Conditions shall form part of any contract for the supply of goods entered into between you and Creative Candles and Wisdom.
1. Seller’s Details
The Seller is Creative Candles and Wisdom, whose details are:
Creative Candles and Wisdom
236 Princes Highway
Albion Park Rail
New South Wales 2527
Phone: 0402 727 945
Email: contact@creativecandlesandwisdom.com
ABN: 75 800 120 522
2. Ordering goods
2.1. Goods displayed on the website are invitations to treat only and do not constitute an offer to sell by Creative Candles and Wisdom. Creative Candles and Wisdom reserves the right in its absolute discretion to accept or reject any offer to buy made by you on the basis of any material displayed on the website.
2.2. Creative Candles and Wisdom will confirm receipt of your order for goods by email and its acknowledgment of the particulars of your order, including payment details.
2.3. Any description of the goods contained on the website or in any other documents or literature generated by Creative Candles and Wisdom is given by way of identification only and the use of such description shall not constitute the description in a contract for the sale of goods by description.
2.4. Any sample of goods provided by Creative Candles and Wisdom, whether before or after the acceptance by Creative Candles and Wisdom of any order for goods, is provided by way of general example only and shall not constitute the sample in a contract for the sale of goods by sample.
2.5. You acknowledge that variations in the specifications, materials and/or source of goods may occur from time to time and you agree to accept the goods subject to the varied specifications, materials and/or source of goods.
2.6. Creative Candles and Wisdom does not accept orders via the website from outside Australia.
2.7. All goods made by Creative Candles and Wisdom are for use in Australia only. If you use goods made by Creative Candles and Wisdom outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located.
2.8. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia and you purchase goods made by Creative Candles and Wisdom for delivery outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
2.9. Any orders made via the website are also subject to Creative Candles and Wisdom’s Website Terms Of Use.
3. Prices and Payment
3.1. Creative Candles and Wisdom accepts payment for goods only in $AUD. You agree to pay Creative Candles and Wisdom according to the price specified in the confirmation of your order. Alternatively, you agree to pay Creative Candles and Wisdom according to the prices listed on the website at the date of delivery of the goods, unless otherwise agreed with Creative Candles and Wisdom.
3.2. In addition to the purchase price of goods, you agree to pay all applicable taxes, duties, fees or other Government levies or charges (including, without limitation, any applicable goods and services tax) (collectively “taxes”) which may be imposed in respect of the supply of the goods.
3.3. Creative Candles and Wisdom uses PayPal (https://www.paypal.com/au/home) and Stripe (https://www.stripe.com/au) to provide the payment services for goods purchased via the website. For more information on PayPal’s security processes, please visit their website at https://www.paypal.com/au/webapps/mpp/paypal-safety-and-security. For more information on Stripe’s security processes, please visit their website at https://www.stripe.com/docs/security.
4. Delivery of goods
4.1. Creative Candles and Wisdom will have control over selecting the mode of transport and the carrier to all Australian destinations. Creative Candles and Wisdom will inform you of the total cost of delivery when your order is confirmed. You are responsible for paying all freight charges, insurance costs and other costs associated with transporting the goods to you.
4.2. Creative Candles and Wisdom will arrange delivery of the goods to you at your delivery address specified on your order or as otherwise requested by you (provided that the requested delivery address is within Australia).
5. Title and Risk
5.1. All ownership of, property in and legal title to all tangible property in the goods shall remain with Creative Candles and Wisdom until such time as you have paid both the full contract price for the goods and all other debts owing by you to Creative Candles and Wisdom at the relevant time.
5.2. The risk of loss or damage to the goods passes to you from the time that the goods are delivered to your nominated address.
Wholesaler-specific clauses
5.3. Until you have paid in full all monies owed by you to Creative Candles and Wisdom, you agree to hold, under a fiduciary relationship, the goods as bailee for Creative Candles and Wisdom in such a way that they can be traced and identified as having been supplied pursuant to your particular order.
5.4. Where the goods or any part of them are mixed with or become part of other goods produced by or on behalf of you (“other goods”) then, by reason of the fiduciary relationship, you agree with Creative Candles and Wisdom that until payment of all amounts due by you to Creative Candles and Wisdom are made, Creative Candles and Wisdom shall have title to such other goods and you hold the other goods as a bailee for Creative Candles and Wisdom.
5.5. Without prejudice to any other rights or remedies available to Creative Candles and Wisdom, whether under this Agreement or at law or equity, in the event of non-payment of any or all sums due by you to Creative Candles and Wisdom, Creative Candles and Wisdom shall:
(a) have the right to suspend performance or terminate any other agreement between Creative Candles and Wisdom and you; and
(b) have the right to repossess any goods supplied by it and any documentation, data, records or information relating thereto. For such purposes, Creative Candles and Wisdom or any one or more of its agents or authorised representatives shall be entitled at any time without notice to enter upon any premises in which the goods are or are reasonably believed by Creative Candles and Wisdom to be kept, stored or used, and to repossess the same on behalf of Creative Candles and Wisdom and shall not be responsible for any damage reasonably necessary in enforcing its right.
5.6. The provisions of clause 5 (including sub-clauses) shall apply notwithstanding the provision of any credit by Creative Candles and Wisdom to you.
5.7. If any question arises as to the ownership of any goods, the onus shall be on you to prove that, in respect of those goods ownership or title has passed to you. All goods in your possession are deemed owned by Creative Candles and Wisdom unless you prove otherwise.
6. Return of goods
6.1. You may return any goods delivered to you PROVIDED that:
(a) the goods delivered are not in accordance with your particular order and these Sale Terms and Conditions; and
(b) the goods are defective; and
(c) any packaging accompanying the goods remains intact and the goods are, in Creative Candles and Wisdom’s opinion, in an “as new” condition; and
(d) you notify Creative Candles and Wisdom of the reason for the goods being returned.
6.2. You agree to cover the expense and any risk associated with returning the goods. Upon receipt of the returned goods, Creative Candles and Wisdom will contact you about your entitlement to a refund (not necessarily the full purchase price) or a replacement (at Creative Candles and Wisdom’s discretion).
6.3. Except as expressly provided in these Sale Terms and Conditions, Creative Candles and Wisdom is not obliged to accept the return of any goods supplied to you.
7. Limitation of Liability
7.1. Subject to clause 7.3, any representation, warranty, condition, guarantee or undertaking that would be implied in these Sale Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
7.2. Nothing in these Sale Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
7.3. To the fullest extent permitted by law, the liability of Creative Candles and Wisdom for a breach of a non-excludable guarantee referred to in clause 7.3 is limited, at Creative Candles and Wisdom option, to:
(a) In the case of any goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of any services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the costs of having the services supplied again.
7.4. Creative Candles and Wisdom, its employees, agents and contractors will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the goods and services supplied or offered by us.
7.5. Without limiting clause 7.5, Creative Candles and Wisdom is not liable under any circumstances for any loss, damage or injury whatsoever or howsoever arising as a result of any incorrect or inappropriate use of any goods.
7.6. The phrase “incorrect or inappropriate use” of goods in clause 7.6 includes doing anything that is contrary to the warnings and disclaimers accompanying the goods delivered and also includes, but is not limited to, the following:
(a) Using an extreme combustion source to light a candle;
(b) Burning candles on a flammable surface;
(c) Burning candles near flammable objects;
(d) Burning candles near objects that retain heat;
(e) Adding oil, fragrant or otherwise, and other foreign substances to a burning candle;
(f) Mixing melted candle wax from different candles;
(g) Allowing children or pets near a lit candle or melted candle wax;
(h) Moving or attempting to move a lit candle or moving or attempting to move a candle holding melted candle wax;
(i) Leaving lit candles or melted candle wax unattended;
(j) Using candles with other products that may not be designed for specific use with those candles (eg, a candelabra, simmering pots);
(k) Using candles for uses other than burning (eg. lighting other candles/cigarettes etc);
(l) Not trimming the wick to the specified length before burning; or
(m) Allowing melted candle wax to drip.
7.7. You agree to fully indemnify and hold Creative Candles and Wisdom harmless against all loss, costs and expenses incurred by Creative Candles and Wisdom as a direct or indirect result of:
(a) you failing to comply with any of these Sale Terms and Conditions; or
(b) your incorrect or inappropriate use of any goods sold by Creative Candles and Wisdom,
including without limitation in respect of this term, debt collection fees and charges and legal costs on a solicitor-client basis incurred by Creative Candles and Wisdom whether or not legal proceedings to recover any amount outstanding are issued.
8. Force Majeure
Creative Candles and Wisdom is not liable for any failure in the performance of its obligations under these Sale Terms and Conditions by reasons of strikes, riots, fire, explosion, acts of God, war, governmental action, epidemics, storms, floods, shortages of raw materials, accidents or breakdowns of plant or machinery, delays incurred by carriers or any other cause which is beyond the reasonable control of Creative Candles and Wisdom.
9. Acceptance
By submitting an order on the Checkout page you agree that these Sale Terms and Conditions in respect of all orders placed by you shall form part of any contract for the supply of goods entered into between you and Creative Candles and Wisdom. If your order is placed manually (for example, by email), by completing your order after being provided with a copy of these Sale Terms and Conditions, you agree that these Sale Terms and Conditions shall form part of any contract for the supply of goods entered into between you and Creative Candles and Wisdom.
10. Severability
Each provision of these Sale Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.
11. Governing Law
These Sale Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the Commonwealth of Australia in respect of all matters arising out of or relating to these Sale Terms and Conditions, their performance and subject matter.