TERMS & CONDITIONS
Welcome to The Candle Cache. The Candle Cache provides access to The Candle Cache website (the “website”) and sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these Terms and Conditions.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
The Candle Cache reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
3. Access to The Candle Cache website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for website access
The Candle Cache grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Candle Cache. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without The Candle Cache’s express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Candle Cache and its affiliates without express written consent of The Candle Cache. You may not use any meta tags or any other ‘hidden text’ utilising The Candle Cache’s or its affiliates names or trademarks without the express written consent of The Candle Cache. Any unauthorised use terminates the permission or license granted by The Candle Cache.
You may be granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the website as long as the link does not portray The Candle Cache, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use The Candle Cache logo or any other proprietary graphic or trademark as part of the link without The Candle Cache’s express written consent. Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website for any of the following:
– for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
– to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, trademark, confidence, privacy or any other right, or is otherwise injurious to third parties or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’.
– to cause annoyance, inconvenience or needless anxiety.
6. Copyright and database rights
This site is produced, owned and operated by The Candle Cache. All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of The Candle Cache or its subsidiaries, its affiliates or its content suppliers and is protected by Australian copyright laws and international copyright and database right laws. The compilation of all content on this website is the exclusive property of The Candle Cache and its affiliates and is protected by Australian copyright laws and international copyright and database right laws. All software used on this website is the property of The Candle Cache, its affiliates or its software suppliers and is protected by Australian and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without The Candle Cache’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website, without The Candle Cache’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without The Candle Cache’s express written consent.
7. Copyright claims
The Candle Cache and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
The Candle Cache and other marks indicated on its website are trademarks or registered trademarks of The Candle Cache or its subsidiaries in Australia, the European Union, the United States and/or other jurisdictions. The Candle Cache’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of The Candle Cache. The Candle Cache’s trademarks and trade dress may not be used in connection with any product or service that is not The Candle Cache’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Candle Cache. All other trademarks not owned by The Candle Cache that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Candle Cache.
9. Our contract
When you place an order to purchase a product from The Candle Cache, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product (the ‘Dispatch Confirmation E-mail’). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with The Candle Cache when you place an order.
10. Liability and Warranty
To the extent permitted by law, The Candle Cache, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. The Candle Cache does not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor does The Candle Cache accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirement.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits The Candle Cache from excluding or modifying the application of, or The Candle Cache’s liability under, any such condition or warranty, that condition or warranty will be deemed included but The Candle Cache’s liability will be limited for a breach of that condition or warranty to one or more of the following at The Candle Cache’s selection:
(a) if the breach relates to goods, the replacement or repair of the goods, or payment of the cost of replacing the goods or of acquiring equivalent goods; and
(b) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, The Candle Cache, to the maximum extent permitted by laws, will not accept 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 an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
11. Linked Websites
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current as maintained. The Candle Cache is not responsible for the content or privacy practices associated with linked websites.
The links with other websites should not be construed as an endorsement, approval or recommendation by The Candle Cache of the owners or operators of those linked websites, or any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Please review our Returns Policy which applies to products purchased from us.
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable and offer you an alternative or refund on that item.
Despite our best efforts, a small number of the hundreds of products in our catalogue may be mis-priced. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
The price for the Products will be:
– the price in Australian dollars including Australian GST and other sales taxes (if any), and
– the costs associated with additional services and delivering the Products to you,
– as quoted on the website at the time of placing your order.
Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs aforementioned.
We may alter the prices of the Products at any time without notice.
Payment must be effected in the manner described on the website. Prices are inclusive of Goods and Services Tax. In all other respects, the price is exclusive of taxes, duties or charges imposed or levied in Australia or overseas in connection with the supply of goods and services.
– Only order Products in accordance with the instructions on this website, and
– Pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card or PayPal Account.
While we will endeavor to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the website without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
All Transactions will be charged by The Candle Cache.
Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
1. We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
2. We’ll dispatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
3. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we can not be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
4. From time to time, gift vouchers may get caught in spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
5. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
The Candle Cache does not sell products for purchase by children. If you are under 18, you may use the website only with the permission and involvement of their parent or guardian.
18. Electronic communications
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the website, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
– a breach of these Terms by you; or
– the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.
23. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Western Australia, Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of Western Australia.
Your statutory rights are not affected by these terms and conditions
24. Our details
The Candle Cache
154 Mill Point Road
South Perth WA 6151
Phone: +61 457 366 492
Registered in Australia
ABN 41 605 891 592
Email Address: email@example.com
Service provider: http://thecandlecache.com.au is the domain name of The Candle Cache.