Terms & Conditions
TERMS
UNITY CANDLE CO PRODUCT GUARANTEE
We stand behind our high-quality products. When making our products we promise qaulity, when manufacturing we use the best processes and materials available. We take great care and details to ensure a great product for you.
SATISFACTION
If you are not completely satisfied with your purchase, you may return your unused item(s) at your own cost, in their original packaging, within 30 days of delivery for a refund minus any delivery fee.
ORDER ERRORS / FAULTY PRODUCT
All of our products are inspected at the time of manufacturing and time of disptach to ensure the best quality product. Should any item(s) be faulty or you receive an incorrect time(s), we are happy to replace the item(s) for you at no additionnal cost. We ask that you please contact us within 30 days of delivery.
The following are not considered a manufacturing fault:
1. Mishandling is not considered a fault (i.e. dropping or bumping against hard surfaces) and wont be covered with our guarantee if it has passed the 60 days from purchase period.
2. Items will not be replaced if general wear and tear occurs.
3. Neglect and lost items.
It is at our discretion whether the faulty product will be replaced.
WEBSITE TERMS AND CONDITIONS
OVERVIEW This website is operated by Unity Candle Co. These terms and conditions "Terms" govern Your use of the following website referred to as "the Product": www.unitycandleco.com.au
The Product is owned and operated by V T Rocca & E A Sgro trading as Unity Candle Co.
These Terms constitute a binding contract between You and Unity Candle Co.
In connection with Your use of the website and product, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these terms, we refer to all of these items collectively as "the Items".
These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.
If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.
If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the website and Product immediately.
1. DEFINITIONS
"Austalian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Cth).
"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secerts, patents and other intellectual property contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the website about our Product.
"Contract" means these terms and conditions.
"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.
"Effective Date" means the date that these Terms come into force.
"Goods" means any or all goods provided by or on the Product.
"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.
"Items" means any and all of the Product, Goods, Services, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods, or Services or Product.
"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is loacted at: www.unitycandleco.com.au
"Services" means any or all services provided by or on the Product.
"Terms" means these terms and conditions.
"Third Party Links" means links or reference to websites or applications other than the Product, to content other than the Content or materials other than the Materials, non of which are controlled by Us.
"Us", "We", "Our" or "the Owner" refers to Unity Candle Co.
"Us", "We", "Our" or "the Owner" also includes employees, affiliates, agents or other representatives of Unity Candle Co.
"You" or "Your" refers to the user of the Product.
"Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
2. INTERPRETATION
a. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural, and words referring to a plural include the singular.
III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. YOUR AGREEMENT AND REPRESENTATIONS
a. By continuinng to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
b. By continuing to use the Products and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
c. By continuing to use the Products and the Items You represent and warrant to Us that You have complied with all of these Terms.
4. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your cosent to allow any of your minor dependants to use this site. You may not use our products for any illegal or unathorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not trasnmit any worms or viruses or any code of a destructive ature. A breach of violation of any of the Terms will result in an immediate termination of your Services.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the site is not accurate, complete or current. The material on this site is provided for general information only. It should not be relied on or used as sole basis for making decisions without consulting more accurate sources of information. Any reliance of this material is at your own risk. Site may contain historical information. It is not necessarily current and is provided for your reference only. We reserve the right to modify the content of the Product at any time, we have no obligation to update you on information on our site unless it involves your information. You agree that it is your responsibility to monitor the changes on our site.
6. MODIFICATIONS OF SERVICE AND PRICES
Prices for our products are subject to change without notice at our discretion. We reserve the right to modify or discontiue the Product wiithout notice at any time. We are not reliable to you or any third party for any modification.
7. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
a. We may provide You with certain other Items in connection with Your use of the Product.
b. Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
c. You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Conntract.
8. SALES OF GOODS/SERVICES
a. We may sell Goods or Services or may allow third parties to sell Goods or Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.
b. Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions of services as applicable.
9. PRODUCTS OR SERVICES
Certain Products or Services may be exclusive through the website. These Products or Services may have limited quantities and are subject to return or exchange only accordinng to our Return Policy. We have made effort to display as accurately as possible so colours or images of our Products. We cannot guarantee that you computer display of any colour will be accurate.
10. BILLING AND ACCOUNR INFORMATION
We reserve the right to refuse any order placed with us. We may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change we will attempt to notify you by contacting the email or billing address or phone number provided at the time the order was made. You agree to provide current and accurate purchase and account information for purchases made. You agree to update your information including email addresses and payment information so that we can complete your transactions and contact you as needed.
Items offered are subject to availablity and may be withdrawn at any time. We reserve the right to refuse an order in whole or in part. We will process your order once you have registered and we receive payment details. A confirmation email of our acceptance will be forwarded to you.
Please check all orders carefully before submitting as we are unable to add or combine orders. We are unable to change shipping addresses once they are processed for shipping. If the order has not been shipping the order can be cancelled with no penalty. If the order has been shipped you will incur the cost for return of goods.
Prices are given in Australian dollars (AUD) and are inclusive of government taxes (GST). Prices are for internet order only and are subject to change without notifcation.
11. EXCLUSION OF LIABILITY
a. The Product, Content and Materials are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Items may contain mistakes errors and inaccuracies.
c. Your use of the Product, Content and Materials is entierly at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legaility or suitab ility for a particular purpose of the Items.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, perforamnce, reliability, timeliness, quality, merchantability, safety, legality or suitability for particular purpose of the Items.
g. To the maximum extent permitted by law, We hereby expressly exclude liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximuum extent permitted by law, We will not be liable for any damges, loss, cost or expense including legal costs and expenses, whether direct or indirect, incured by You in connection with Your use of the Items.
i. For Goods and/or Services sold by third parties via the Product or via Third Party Link (hereinafter "Third Party Goods and Services"):
I. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
II. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legaility or suitability for a particular purpose of Third Party Goods and Services.
III. For any claim You may have against the third party provider of the third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with Us.
IV. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.
12. DELIVERY
a. We may arrange delivery of Physical Goods by courier or by Australia Post. We process delivieries promptly upon receipt of full payment.
b. Delivery of physical Goods within Australia may take: two (2) of fourteen (14) business days
c. Delivery of physical Goods outside of Australia may take thirty (30) to sixty (60) business days
d. Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of the Terms if You exprience techincal problems regarding delivery of digital Goods.
e. We take no responsibility for Goods that are lost or damaged during delivery.
f. We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
g. Any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with relevant courier company or with Australia Post as applicable.
13. RETURNS/REFUNDS/REPAIRS
a. We handle returns, refunds and repair in accordance with Our obligations under the Australia Consumer Law.
b. If You are seeking a return, refund or repair, You may contact Us using the details at the end of these Terms. In order for your request to be handled promptly, please provide full details about Your valid reason for return, refund or repair.
14. INDEMNITY
You hereby idemnify Us (which, for sake of clarity, also includes any of Our employees, affiliates, agents or other repreesentatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full idemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
15. TERMINATION
a. We may immediately terminate these Terms at any times with or without cause.
b. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
c. These Terms terminate automaticcaly if we cease to operate the Product for any reason.
d. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would by their nature be expected to survive terminantion shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.
16. ACCEPTABLE USE
a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
b. You further agree not to use the Product or the Items:
I. to harass, abuse, ot threaten any other person or to otherwise violate any other person's legal rights;
II. to violate any intellectual property rights of Us or of any third party;
III. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV. to commit any kind of fraud;
V. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
VI. to publish or distribute any obscene or defamatory material;
VII. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;
VIII. to unlawfully gather information about others.
c. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.
17. VARIATION OF TERMS
a. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agree to the new Terms as varied or amended.
b. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modificationns or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
c. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
18. THIRD PARTY LINKS
a. You hereby acknowledge that We may from time to time inlude links or references to other websites, other content, or other materials (hereinafter "Third Party Linkns"), non of which are controlled by Us.
b. You hereby acknowledge that these Third Party links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk.
19. CHANGES TO PRODUCT
a. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or Producct at any time.
b. You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
c. You acknowledge, agree and accept that We take no responsibility for, and to maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
20. INTELLECTUAL PROPERTY
a. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagry of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property cotained in the Items (hereinafter "Company IP").
b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, services marks, or Uniform Resource Locators (URLs) without express written permission from Us.
e. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of the Terms.
21. USER REGISTRATION
a. You may be asked to register with Us in order to use or access the Items.
b. If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.
c. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
d. You agree that You will not share your Identifying Information with any third party if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
e. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Idenitfying Information.
f. You acknowledge that providing false or misleading information, or using the Items to further fruad or unlawful activity is grouds for immediate termination of these Terms.
22. PRIVACY
a. Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in Austrlia and any other country where We operate.
b. We take Our privacy obligations very seriously.
c. Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.
23. REVERSE ENGINEERING AND SECURITY
You agree not to:
a. Reverse engieer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and
b. Violate the security of the Items through any unathorised access of encryption or other security tools, data mining or interferece with any host, user or network.
24. GENERAL PROVISIONS
a. Australian Consumer Law: You may have certain rights, warranties, guaratees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
b. Applicable law: Your use of the Product and the Items is subject to the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria, Australia.
c. Written commuication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
I. such notice is properly given if given to the other party:
A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
B. by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
C. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
II. such notice is taken to be received:
A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
B. if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
C. if sent by prepaid post within Australia, five (5) days after the date of posting.
D. if sent by prepaid post to or from an address outside Australia, twenty on (21) days after the date of posting.
d. No assigment: You must not assign, sub-licence or otherwise deal in ayway with your rights under these Terms without Our prior written consent.
e. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaing clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
f. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Wavier of any clauses or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
g. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
h. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
i. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
25. PROMOTION TERMS
To redeem online promotion code, code must be enetered at checkout and is valid for one-time use only. Sales tax, shipping & handling do not qualify for discount. This offer is not redeemable for cash or gift cards, nor is it valid towards previous purchases. Offer may not be combined with any other coupons, discounts, offers or promotions. Void if altered, copied, transferrred, auctioned or sold. Offer valid on in-stock items only. No rain checks issued. Offer not valid for prior purchases. Other restrictions may apply.
26. CONTACT US
You can contact us about these Terms at info@unitycandleco.com.au.