| The following terms and conditions apply to your use of the Etre Candles web site (“the web site”) and any company member of its group, (herein after referred to as Etre Candles) and its customers.
Your use of this web site indicates your acceptance of these terms and conditions.
These terms and conditions are subject to change by Etre Candles.
Etre Candles may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Etre Candles, the customer herein agrees to be bound to the terms and conditions listed on Etre Candles.
1. PLACING AND ORDER AND PRICING
Any Quotation made by Etre Candles is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Etre Candles within seven (7) days of receipt by Etre Candles of the customer’s offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. Etre Candles reserves the right not to sell below its cost. E & OE.
All orders placed are subject to confirmation and acceptance by Etre Candles, this includes the pre-paid orders, eg. direct deposit etc.
Etre Candles may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Etre Candles requests payment for increased prices, you may cancel the order by giving notice to Etre Candles, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
Price may vary depending upon location due to freight costs and other logistical requirements.
Etre Candles reserves the rights to adjust freight cost at any time.
2. DELIVERY AND COLLECTION
Regular shipping within Australia means that all goods must be delivery must be to a physical address.
We only ship to PO Boxes after the customer has provided a valid reason. Etre Candles holds the right to refuse to ship to PO Boxes if no satisfactory reasons are provided. Shipping to a PO box may attract additional handling and freight charges.
We do not ship to third party addresses unless that address is known and can be verified by Etre Candles.
The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Etre Candles’s premises unless the Customer has insured the item when buying from Etre Candles.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
3. DELIVERY TIME
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Etre Candles in writing providing for liquidated damages for failure to deliver by the Quoted date, Etre Candles shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by Etre Candles to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from Etre Candles in writing. The latter case would still attract a 10% restocking fee.
4. RETURNS, REFUNDS & CANCELLATIONS
There will be no credit given on order price difference, due to price changes. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to Etre Candles within 24 hours of you receiving the delivery. This can only be done by E-mail to store@etredcandles.com.au or Phone.
If the customer receives item(s) that were not ordered do attempt to use the sent item. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Etre Candles owns the title of any extra goods shipped with your order that have been dispatched in error.
If requested by Etre Candles, the Customer may be required to provide information in that Etre Candles can easily assist the Customer with any monetary refund or cancellation. This information may include member’s names, address, home phone, work phone, credit card details and other relevant information required by Etre Candles. Failure to provide sufficient information may delay the refund or cancellation, Etre Candles is not to be held responsible for any delays according to clause provided by Etre Candles.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by telephone, email. Saturdays, Sundays and holidays by E-mail only.
Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
5. PAYMENT
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Etre Candles without deduction or demand, within the approved term as advised by Etre Candles, or in the absence of a term approved by Etre Candles, within (7) days from the order date.
Payment for products ordered through Etre Candles can be made by credit card, bank account or Paypal.
6. PAYMENT DEFAULT
If the Customer defaults in payment to Etre Candles, then:
a) the Customer shall pay to Etre Candles, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b) all moneys owing by the company to Etre Candles shall become due and payable forthwith without demand, and
c) Etre Candles may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full
7. LIABILITY
a) Etre Candles shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b) Etre Candles expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
9. RETENTION OF TITLE
9.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by Etre Candles. Until the Customer has paid to Etre Candles the full purchase price:
a) Customer shall hold the Products as bailee for Etre Candles.
b) the Products shall be stored at the Customer’s risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c) the Customer shall indemnify Etre Candles against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Etre Candles, or repossession or attempted repossession by Etre Candles.
d) any sale of the Products shall be effected as bailee for Etre Candles, and the proceeds of such sale shall be held on trust for Etre Candles. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e) the Customer shall permit Etre Candles to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f) reserve right of entry to inspect or recover goods owned by Etre Candles, wherever they are located.
9.2 In the event that:
a) the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between Etre Candles and the Customer; or
b) the Customer commits any breach of the terms and conditions of sale or any other agreement between Etre Candles and the Customer; or
c) the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d) the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
then Etre Candles may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Etre Candles reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to Etre Candles for payment for the Products, If Moneys are recovered in full.
10. DISCLAIMER
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
11. CUSTOMER OBLIGATIONS
As member of Etre Candles, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer’s account, Etre Candles will not be held responsible in any manner.
On the first purchase the Customer places with Etre Candles, the Customer might be required to provide additional identification to Etre Candles to help eliminate Internet credit card fraud and to provide additional security.
Etre Candles reserves the right to terminate a Customer’s account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to Etre Candles immediately.
Etre Candles does not store credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
12. CREDIT
The provision of credit and/or the continued provision of credit by Etre Candles to the Customer from time to time, shall be in the absolute discretion of Etre Candles.
a) Etre Candles may at its absolute discretion extend credit to the Customer; or
b) extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to Etre Candles; or
c) may at any time vary or cancel the credit facility available to the Customer Credit account must have Etre Candles Guarantee in place.
13. DIFFERENCES AND COMPLAINTS
Subject to the provisions of clause 7, Etre Candles shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Etre Candles in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
15. WAIVER
The failure or neglect by Etre Candles to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Etre Candles’s rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice Etre Candles’s right to take subsequent action.
16. SEVERABILITY
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. GOVERNING LAW
Etre Candles and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of Australia. |