Terms and Conditions
By using www.thecandlelab.com.au, you agree to the terms and conditions as stated below.
1. User agreement
1.2. This agreement is formed between anyone who visits the Website (“you” and “your”) and The Candle Lab ABN: 13 921 409 988, a business duly registered under the Australian Business Names Act 1962 (“The Candle Lab”, “we”, “us” and “our”).
1.3. Should you choose not to agree with any part of these Terms you must not use and access the Website.
2. Website Registration
2.1. If you wish to make purchases and access features of our Website, we may require you to be registered. Please note that you are not permitted to use another registered users account without their express permission.
2.3. You are solely responsible for any activity which occurs on your account.
2.4. You agree to notify us immediately if you suspect that there has been any unauthorised access on your account or that your password security has been compromised.
3.1. When you make an on-line purchase and register your details with us, you accept these Terms and acknowledge that:-
3.1.1. you are over 18 years of age; and
3.1.2. you are entering into a legal contract with us; and
3.1.3. if you are a company, you are authorised to bind the company to these Terms.
3.2. In the event that we suffer any loss as a result of a transaction entered into by a minor, we reserve our right to commence legal action and/or seek compensation for such losses from the minor’s parents or guardians or the minor who caused the order to be placed.
4. Termination of Registration
4.1. The Candle Lab reserves its right to change the Website at any time any without notice to you.
4.2. We may stop (temporarily or permanently) providing access to the Website and to visitors or members generally, at our reasonable discretion and without prior notice to you.
4.3. If you breach these Terms or any other conditions you agree to be bound by, we may terminate your account or restrict your access to the website without prior notice.
5.1. We aim to provide our services with due care and skill to the extent required by law. However, we do not guarantee that the Website will be provided without fault or disruption.
5.2. To the extent provided at law, and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:-
5.2.1. you acting, or failing to act on any information contained on the Website or related links;
5.2.2. errors, mistakes or inaccuracies on the Website;
5.2.3. personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
5.2.4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.2.5. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
5.2.6. failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities.
5.3. Except if and to the extent only required by law or as otherwise set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
5.4. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is www.thecandlelab.com.au with no characters before or after "www.thecandlelab.com.au".
6. Using the Website
6.1. You agree to use the Website only for purposes that are permitted by these Terms and not prevented by any applicable law or regulation.
6.2. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
6.3. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
6.4. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7.1. The provision of goods and/or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
7.2. Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other terms and conditions at the price or fee specified (including delivery and other charges).
7.3. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product or service, an error in the price or product description, or an error in your order.
8. Price and Import Tax
8.1. Unless stated otherwise at the Website, prices and fees are valid only for the specified time period during which the products are advertised for purchase. If a product is advertised subsequently, its price or fee may change.
8.2. All prices are charged in Australian Dollars. Any home currency prices listed are suggestive and based on exchange rates at that time.
8.3. The prices listed on the Website are exclusive of any international duties or other custom charges/administration fees payable upon that delivery entering the country of destination.
9. Supply of Products
9.1. Subject to this agreement, we will supply to you the products and services shown on your order confirmation.
9.2. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
9.3. At this stage, we don’t allow personal pick up of products.
9.4. Items purchased from the Assemble Your Concoction section, will take up to 5 business days to be dispatched from the order being place, this is due to the customisation of standard products.
10. Returns and Exchanges
10.1. Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
10.2. If for some reason there is a manufacturing fault with your item you have purchased, please contact us immediately so that we may exchange the product and return to you immediately.
10.3. If for any other reason you are not entirely satisfied with your item, please contact us as soon as possible as we will assess the prospect of providing you with an exchange or a refund. Please note that in such circumstances, The Candle Lab is under no obligation to provide you with a refund or an exchange and any request for same will be assessed on a case by case basis.
10.4. Regrettably, we cannot accept responsibility for any problems occurring in transit with products returned to us.
10.5. Any eligible refund will be credited to the credit card used in the original transaction for purchase (minus credit card processing fees). The amount refunded will be credited in Australian Dollars.
10.6. There is no exchange or refunds on sale items or products purchased under the "Assemble your Concoction" section.
10.7. Any product which requires postage to be returned to The Candle Lab for prospect of an exchange or refund must be paid at the consumers expense unless otherwise specified by the shipping provider.
11. Packaging and Labelling of Products
11.1. We endeavour to depict products available for purchase using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
12. Out of Stock Items
12.1. We reserve the right to notify you that products or services for which you place orders have become unavailable. In the event that you order a product or service from the Website and we later inform you that we no longer stock the product or are unable to provide that service you had originally ordered, we may do one of the following:-
12.1.1. provide you with a refund to the value of the product or service that was not supplied to you including the delivery fee; or
12.1.2. provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.
13. Links and third party websites
13.1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.
14.1. Deliveries are shipped from Australia and typically take between 5-10 business days for any location within Australia, at times these delivery times may exceed the above time frame.
14.2. All items sent by The Candle Lab are sent through shipping provider Sendle. Where additional Terms and Conditions may apply, these can be found by clicking here.
14.3. The Candle Lab is not liable for items or orders, which have been delivered and a signature for delivery has been obtained by the courier provider.
14.4. Insurance excess for lost or stolen parcels may apply, where a proof of delivery has been obtained by the courier provider, it is your responsibility to contact us to lodge an insurance claim for items within 3 business days of the parcel being deemed as delivered, lost or stolen.
15. Our intellectual Property
15.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in these Terms gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
15.2. Any trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
15.3. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
16. Force majeure
16.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
17.1. This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
17.2. If any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement so that this agreement shall remain in full force and effect.
17.3. Any offer for any features, products or services made on this Website are void where prohibited.
17.4. If you access this Website from outside of Australia, you are solely responsible for complying with applicable local laws.
18.1. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
Last updated: 4/2/2018 – 4th February 2018