This document sets out the terms and conditions for your use of the Creative Candles and Wisdom website (the website). By using the website, you agree to be bound by these terms and conditions. If you do not agree, please leave the website immediately.
What you may do at www.creativecandlesandwisdom (the website)
You may browse our catalogue and access information about Creative Candles and Wisdom through the website at any time.
Subject to the Sale Terms and Conditions, you may place orders for goods advertised on the website through the online store on the website. Unless expressly arranged with Creative Candles and Wisdom, currently, Creative Candles and Wisdom delivers to addresses only within Australia.
You may subscribe to our specials notification e-mail service by using the facility provided on the website.
You may display and print any content of this site only if it is for personal, non-commercial use.
Copyright and Intellectual Property
All content on this site, including without limitation, all text, editorial materials, information, photographs, artwork, graphics, logos, icons, images, illustrations and trademarks are the property of Creative Candles and Wisdom or its licensors and are protected by Australian copyright, trade mark and other intellectual property laws.
You agree not to modify, adapt, reproduce, retransmit, display, distribute, disseminate, sell, publish, broadcast or circulate any such material to third parties without the express prior written consent of Creative Candles and Wisdom.
Except for the above, Creative Candles and Wisdom does not grant any licence or right in, or assign all or part of its intellectual property rights in the content, facilities or applications incorporated into the website or in the user interface of the website.
Linking
The website may contain hyperlinks to sites operated by third parties, such as Facebook, TikTok, Instagram and Pinterest. These linked sites are not controlled by Creative Candles and Wisdom, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and Creative Candle and Wisdom’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk. Creative Candles and Wisdom is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe, or in respect of any incorrect link to an external website.
Privacy
Creative Candles and Wisdom realises that the protection of your personal information is important. Creative Candles and Wisdom will comply with all of its legal obligations in relation to the handling of your personal information, including any applicable obligations under the Privacy Act (1988) (Cth).
Access and communication
Subject to the consumer guarantees provided for in the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), Creative Candles and Wisdom does not promise that you will have continuous access to the website.
Creative Candles and Wisdom will not be liable if the website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
Creative Candles and Wisdom does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
Whilst Creative Candles and Wisdom takes reasonable precautions to protect information transmitted via the website, Creative Candles and Wisdom cannot and does not guarantee the security or confidentiality of these communications or the security of the website.
Creative Candles and Wisdom does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Disclaimers
Creative Candles and Wisdom has used its best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date at the time of publication. Creative Candles and Wisdom does not represent or warrant the accuracy or completeness of the Content and is not for any errors, omissions or defects. Depending on the resolution of the screen you use to access the website, the colours of products as displayed on this website may not constitute an accurate depiction of the true colour of the item.
Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on Creative Candles and Wisdom that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which Creative Candles and Wisdom is able to do so, our liability will be limited to the resupplying of the Content.
Warranties, consumer guarantees and limitation of liability
Subject to the paragraph below, any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
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 the paragraph above is limited, at Creative Candles and Wisdom’s option, to:
(a) in the case of 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 services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
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 website, the Creative Candles and Wisdom Content, all links to or from the website or the goods and services advertised or referred to on the website.
Subject to this section (Warranties, consumer guarantees and limitation of liability), the maximum aggregate liability of Creative Candles and Wisdom for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
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 Website Terms and Conditions;
(b) your use of the website or Content; or
(c) your communication with Creative Candles and Wisdom,
including without limitation in respect of these Website Terms and Conditions, 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.
Changes to the website
The website is subject to change at any time without notice and may contain errors.
Applicable law and international use
These Website Terms and Conditions are governed by and construed in accordance with the laws of 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 Website Terms and Conditions, their performance and subject matter.
The website is intended for use by Australian residents only. As this site can be accessed throughout Australia and overseas, Creative Candles and Wisdom does not represent that the Content complies with the laws of any country outside Australia or that any offering or content accessible through the website is appropriate or available for use in locations outside Australia. If you access this site from 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. You are not authorised to access the website from any location where doing so would be illegal.
Severability
Each provision of these Website Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.
Contacting us
If you have questions about the website or these Website Terms and Conditions, please contact Creative Candles and Wisdom by clicking on the “Contact” link at the top of any page on the website, and following the instructions from there.