AMOUR DELUXE CANDLES
TERMS & CONDITIONS
1. Application of Terms and Conditions
These terms and conditions apply to and govern all quotations submitted by, all orders placed with, and all contracts entered into by Amour DeLuxe Candles whereby Goods or Services are supplied, provided and/or delivered (“supply” or “supplied”) by Amour DeLuxe Candles.
The placement of an order for Goods shall constitute an acceptance by the Client of the supply by Amour DeLuxe Candles of such Goods solely on these terms and conditions.
These terms and conditions replace in their entirety any previous terms and conditions published, issued or used by Amour DeLuxe Candles.
2. Definitions and Interpretations
In these terms and conditions, unless the context requires otherwise:
“Agreement” means any contract entered into by Amour DeLuxe Candles whereby Amour DeLuxe Candles agrees to supply Goods or Services to a Client;
“Amour DeLuxe Candles” means Amour DeLuxe Candles Pty Ltd (ACN 633 766 444).
“Confidential Information” means confidential information relating to the business, products and services of Amour DeLuxe Candles, which is or has been disclosed to the Client, and which has value to Amour DeLuxe Candles and is not generally known to Amour DeLuxe Candles’ competitors, including (without limitation), information regarding product specifications and product plans, designs, costs, prices, finances, marketing plans, business opportunities, personnel, R&D activities and know-how.
“Goods” means the soy candle products and related products manufactured or sold by Amour DeLuxe Candles;
“Services” means any services provided by Amour DeLuxe Candles.
In the interpretation of these terms and conditions:
words importing the singular will include the plural and vice versa;
words importing any one gender will include other genders;
words importing natural persons will include corporations, firms, government departments, statutory authorities, and other entities recognised by law and vice versa;
all references in these terms and conditions to any statutory enactment or law will mean and be construed as references to that enactment or law as amended or modified or re-enacted from time to time and to the corresponding provisions of any similar enactment or law of any relevant jurisdiction;
if more than one person is named and described as the Client the obligations of those persons pursuant to these terms and conditions will be joint and several.
3. Price
The prices advertised or quoted by Amour DeLuxe Candles for the supply of Goods do not include the cost of delivery of the Goods to the Client.
Amour DeLuxe Candles may adjust the advertised or quoted price prior to delivery of the Goods to the Client and the revised price will be payable as if it were the original advertised or quoted price.
Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia.
4. Payment for Goods or Services
Payment of the advertised or quoted price together with the delivery fee will be made in full by the Client when the order is placed.
If the advertised, quoted or revised price is not paid in full when the order is placed, Amour DeLuxe Candles will not supply the Goods or Services to the Client.
Payments made by credit card will incur a surcharge of 2.7%.
5. Out of Stocks and Substitutions
Amour DeLuxe Candles will select for you (unless you advise us otherwise at the time of order) a substitution for Goods that are out of stock or cannot be sourced. Amour DeLuxe Candles will try to ensure that all Goods you order (and any agreed substitutes) are supplied at the quoted price however Amour DeLuxe Candles may in its absolute discretion adjust the quoted price.
6. Delivery of Goods
Amour DeLuxe Candles will arrange delivery of the Goods to the address nominated by the Client.
Amour DeLuxe Candles will use reasonable endeavours to deliver the Goods to the Client within a reasonable period notified by Amour DeLuxe Candles to the Client (‘Delivery Date’).
The Client acknowledges that Amour DeLuxe Candles does not warrant or represent that the Goods will be delivered on the Delivery Date, and failure to deliver the Goods by the Delivery Date will not avoid or give the Client the right to avoid any contract or Agreement or render Amour DeLuxe Candles liable in any way for any direct or consequential loss arising from such failure and that Amour DeLuxe Candles is at liberty to make delivery of the Goods within a reasonable period before or after the Delivery Date.
Amour DeLuxe Candles will have the absolute discretion as to the appointment of any party to deliver the Goods.
Where the Goods are transported by the employees, servants or agents of a contractor engaged by or on behalf of Amour DeLuxe Candles, the Goods will be deemed to be delivered when they leave premises of Amour DeLuxe Candles and will thereafter be at the risk of the Client.
7. Limitation of Claims by Client
To the extent the Australia Consumer Law does not apply, the Client acknowledges that the Client has not, in acquiring the Goods for any particular purpose, relied upon the skill, judgement or recommendation of Amour DeLuxe Candles or any of its servants or agents.
The Client agrees to inspect the Goods thoroughly within 1 day after the Goods are delivered by Amour DeLuxe Candles to the Client and immediately notify Amour DeLuxe Candles in writing if any problem with the Goods is detected, and if not notified, the Client forever releases and discharges Amour DeLuxe Candles from all actions, suits, charges, claims and demands relating directly or indirectly to the purchase of the Goods by the Client from Amour DeLuxe Candles.
Upon receipt of any complaint in respect of the Goods or Services, the Client will examine the Goods or Services and provide a report to Amour DeLuxe Candles setting out the nature of the complaint and the Client’s assessment of the complaint before Amour DeLuxe Candles inspects and examines the Goods.
Colour and/or texture may vary slightly from candle to candle. Claims will not be considered for colour or texture variations from candle to candle within accepted commercial tolerances.
8. Cancellation of orders
No order may be cancelled before the delivery of the Goods unless done so in accordance with written agreement between the Client and Amour DeLuxe Candles.
Orders for Goods may be cancelled in the sole discretion of Amour DeLuxe Candles provided it receives proper written notice from the Client and approves the cancellation prior to dispatching the Goods.
9. Refunds and returns
All Goods and Services supplied by Amour DeLuxe Candles come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund where a major failure applies to Goods and you are also entitled to a refund where a major failure applies to the Service.
In cases where a minor failure applies to Goods the final judgment as to whether a claim for a refund should be allowed or whether Amour DeLuxe Candles will repair or replace the Goods rests with Amour DeLuxe Candles.
Goods cannot be returned if they have been used.
No refunds will be given for change of mind returns.
10. Liability and Indemnity
Amour DeLuxe Candles acknowledges that under applicable State, Territory and Commonwealth Laws including in particular the Goods Act (Vic) 1958 and the Australian Consumer Law, certain conditions and warranties may be implied into these terms and conditions and rights may be conferred upon the Client which cannot be excluded, restricted or modified. Nothing in these terms and conditions whether express or implied, will be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights
To the fullest extent permitted by law, Amour DeLuxe Candles excludes all warranties and representations in respect of the supply to the Client of the Goods or Services. Where any of the consumer guarantees under the Australian Consumer Law apply to any Goods or Services supplied by Amour DeLuxe Candles to the Client, and the Australian Consumer Law voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Amour DeLuxe Candles under or arising out of the supply of Goods and Services for breach of, or failure to comply with, any such consumer guarantees shall in the sole discretion of Amour DeLuxe Candles, be limited to:
If the breach or liability relates to Goods:
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return of the Goods and a refund or a replacement of the Goods;
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compensation for the reduced value of the Goods;
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repair of the Goods; or
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replacement of the Goods.
If the breach or liability relates to Services:
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cancellation of the Services and a refund;
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compensation for the reduced value of the Services; or
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rectify the Services free of charge.
The Client agrees and acknowledges that except to the extent that the law, including the Australian Consumer Law, provides that liability is not able to be excluded, Amour DeLuxe Candles accepts no liability or responsibility arising from any direct or consequential loss, damage or expense that was not reasonably foreseeable and the Client releases and forever discharges Amour DeLuxe Candles from all such responsibilities and liabilities and any claims, demands or causes of action in respect thereof.
The Client will, to the full extent permitted by law indemnify and keep indemnified Amour DeLuxe Candles against all actions, proceedings, claims or demands for loss or damage, that was not reasonably foreseeable, made or threatened against Amour DeLuxe Candles by any third party or by any of the Client’s employees, agents or contractors arising directly or indirectly out of or in respect of the use, custody or purchase and supply of the Goods or Services.
11. Termination
Amour DeLuxe Candles may terminate any Agreement without notice if the Client:
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is in breach of any term of the Agreement and fails to remedy the breach within 14 days of receiving notice in writing by Amour DeLuxe Candles specifying the breach and requiring the Client to remedy it;
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has failed or refused to take delivery of Goods the subject of the Agreement and such failure or refusal continues for a period of 24 hours after Amour DeLuxe Candles has notified the Client that the Goods are ready for delivery or dispatch and such failure or refusal continues for a period of 24 hours after Amour DeLuxe Candles has notified the Client that it is ready, willing and able to supply the Goods; or
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is declared bankrupt, resolves to go into liquidation or has a petition for bankruptcy or winding up presented against it or enters into a scheme of arrangement with its creditors or if any liquidator, provisional liquidator, administrator, receiver, receiver and manager or official manager is appointed in respect of the Client or if anything analogous occurs in respect of the Client.
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In the event of termination Amour DeLuxe Candles shall, after taking into account payments made by the Client to Amour DeLuxe Candles, be entitled to be paid by the Client for any direct and indirect loss suffered by Amour DeLuxe Candles including without limitation legal costs of Amour DeLuxe Candles (on a full indemnity basis) incurred in relation to the termination and any prior breach and in exercising any rights and remedies as a consequence of the termination and any prior breach.
Termination of the Agreement pursuant to this clause 11 shall be without prejudice to the rights of Amour DeLuxe Candles accruing up to the date of termination.
12. Amour DeLuxe Candles’ obligations
Notwithstanding any other provision of these terms and conditions, if the Client breaches a term of an Agreement Amour DeLuxe Candles shall not be bound to perform its obligations under that Agreement until the breach is remedied by the Client.
13. Damage caused by incorrect use of Goods
Amour Deluxe Candles requires the Client to use the Goods correctly and safely in accordance with the guides contained at Product Care on our website.
Amour DeLuxe Candles does not accept any liability or fault whatsoever for any damage arising from the misuse or incorrect use of the Goods.
14. Improvements
Amour DeLuxe Candles reserves the right to make improvements to the Goods without prior notice.
15. Waiver
Any waiver or purported or implied waiver by Amour DeLuxe Candles of strict compliance with these terms and conditions shall not be deemed a waiver unless it is in writing and signed by an authorised representative of Amour DeLuxe Candles and shall not prejudice the rights of Amour DeLuxe Candles in respect of any breach of these terms and conditions to which such waiver does not specifically relate.
16. Severance
If any provision of these terms and conditions is or is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these terms and conditions and these other provisions will remain in full force and effect.
17. Whole Understanding
These terms and conditions contain the entire agreement and understanding between Amour DeLuxe Candles and the Client regarding the supply of Goods and Services and the contract arising therefrom will not be amended, varied or waived unless such amendment, variation or waiver is in writing signed by the Client and by an authorised representative of Amour DeLuxe Candles.
18. Survivorship
Clauses 7, 8, 9, 10, 13, 19 and 20 shall not merge but survive completion of the Agreement.
19. Governing Law
These terms and conditions will be governed by and construed in accordance with the law in force in Victoria and the Client and Amour DeLuxe Candles agree to submit to the jurisdiction of the Victorian courts in respect of any dispute arising in connection with this Agreement.
20. Confidential Information
The Client agrees to receive and hold Confidential Information of Amour DeLuxe Candles in trust and in strictest confidence and shall not use, reproduce, disclose or otherwise disseminate any Confidential Information except as necessary to perform its obligations hereunder.
Disclosures of the Confidential Information may be made only to the Client’s employees and agents who have specific need to know and are subject to confidentiality restrictions at least as restrictive as those contained herein.
21. Cookies
We use cookies to provide a better overall experience for our users. Stored on your computer, these cookies include information about your interactions with the Amour DeLuxe Candles site. They are used by our content management system to remember your details. This enables us to make your future site visits more enjoyable, with the most accurate information possible.