TERMS AND CONDITIONS
These terms and conditions govern the use of the Sixteen Candles website (the “website”) and the purchase of any product or services from this website (the “Terms and Conditions”). By searching this website or purchasing product or services from this website, you acknowledge that you have read and understood the Terms and Conditions, that you agree to be bound by the terms, conditions, disclaimers and limitations of liability and that you have the power and authority to consent to these Terms and Conditions.
Sixteen Candles (“we”, “us” or “our”) may amend these Terms and Conditions without notice to you and the amended Terms and Conditions apply to the use of our website and purchases of products from the website. You acknowledge that by visiting our website from time to time, you become bound to the current version of these Terms and Conditions and that all previous versions are superseded. You are responsible for reviewing the then current version each time you visit the website.
PURCHASES OF PRODUCT AND SERVICES
Placement of Orders
We reserve the right to reject any order that you may place on this website. We will not ship product or provide services ordered from this website until payment in full has been received by Sixteen Candles. All prices on the website are in Australian dollars and include GST.
By placing an order on us, you are making an offer to us enter into an agreement for the product and services included in your order. We may send you an order confirmation or similar document by either fax or email to confirm the order you have made. Our order confirmation is not acceptance of your offer. Your offer will be accepted once payment is received.
Product and Services Information
We will take reasonable care to ensure the accuracy of the product and services information included on our website. The prices of product and services on our website are current as at the time of their display. We do not, however, accept responsibility for errors made in pricing or in product or service description and we make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding our website or the information contained on our website.
Our pricing is subject to change at any time and our offer of product and services is always subject to availability.
Delivery and Cancellation
You must provide us with the correct delivery address at the time you place on order with us. We will rely upon the accuracy of the information that you provide with the order. If you provide us with the wrong address, we are not responsible for diverting the delivery to the correct address (though we will take reasonable steps to do so) or for re-sending the products or services to the correct address.
We will make a reasonable estimate of the time it will take for your order to be delivered to the address you provide at the time of ordering. We will make reasonable efforts to deliver the product or provide the services at the estimated date. We do not provide a guaranteed delivery date nor are we responsible for loss or damage that you may suffer if product or services are not delivered by the estimated date. You must ensure that you order product and services from Sixteen Candles well in advance of the date when they are required.
If product or services you order from us are not delivered by the estimated date, you must immediately notify us. Without limiting the operation of any other Terms and Conditions, you agree that late delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order.
We do not accept any returns or exchanges of product ordered from this website unless the product are returnable under a manufacturer’s warranty or return policy or if the product is defective or damaged. You are responsible for all costs incurred in following warranty instructions as stated on the product warranty card specified by the manufacturer and all defective or damaged products must be returned to us within 14 days of delivery.
Cancellation by Us
We reserve the right not to provide product or services at our sole discretion. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from exercising this right.
Cancellation by You
Our agreement with you is formed once we confirm your order and receive payment from you. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
LIMITATION OF LIABILITY, INDEMNITY AND OTHER TERMS
Subject to these Terms and Conditions and to any manufacturer’s warranty, the product and services from this website are provided to you “as is” without warranty of any kind. We specifically disclaim all warranties, express, statutory or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. We are not responsible for and we specifically disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party that may be attributable, directly or indirectly, to your access and use of the website. We are not liable for any loss or damage that may arise in connection with your use of the product or services and in no event are we liable for indirect, special, incidental or consequential damages even if we have been notified of the possibility of such damage and notwithstanding any failure of essential purpose of any limited remedy of any kind.
Where legislation implies into these Terms and Conditions any condition or warranty and that legislation avoids or prohibits us from excluding the application of the condition of warranty, then our liability for the breach of the condition or warranty is limited at our option to:
- in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
You agree to waive any and all claims that you now have or may have in the future against Sixteen Candles that relate to or are incidental to any transaction from this website.
You agree to indemnify and hold Sixteen Candles harmless from and against any and all loss, costs and expense that may be incurred by us which relate to or are incidental to the performance of our duties in these Terms and Conditions, including all costs of defending ourselves against a claim by any other person as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold us harmless from any claim made by any third party due to or arising out of your use of this website, your use of the product or services we provide, your breach of these Terms and Conditions and your infringement of any the intellectual property or other right of any person or entity.
Copyright
Copyright in the Sixteen Candles website is property of Sixteen Candles. Material on this website also comprises copyright material, trademarks and registered trademarks, which are the property of Sixteen Candles and third parties. This property may only be used for the purposes of browsing the Sixteen Candles website and product and services of Sixteen Candles.
External Links
We may provide external links to third party websites for your convenience. We do not own or control these websites and we make no representation as to their content. You should use these external links and the content on those websites at your own risk. You may not create a hypertext link to this website without our express prior written permission. Please contact Sixteen Candles if you would like to link to this website or would like to request a link to your website.
Governing Law and Entire Agreement
These Terms and Conditions and your use of this website are governed by the laws of New South Wales and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts entitled to hear appeals therefrom. These Terms and Conditions contain the entire agreement and understanding between us about the use of the website and ordering product and services from the website. All prior agreements and representations made between us are superseded by these Terms and Conditions.
Information Provided by You
If you purchase product and services from Sixteen Candles, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Sixteen Candles with current, complete and accurate customer information when asked to do so by the website or an employee of Sixteen Candles. Sixteen Candles will not sell or disclose to third parties your personal details.