Terms & Conditions

Your Account

If you use the website, you will be responsible for maintaining the confidentiality of your account and password. You will be required to ensure the restriction of access to your computer in order to prevent unauthorised access to your account. By using our website, you will agree to accept responsibility for all activities that occur under your account or password. For your safety, it is important that you ensure the confidentiality of your password in order to maintain the security of your account. If you have any concerns regarding your password and account security, you will be required to notify us immediately.

Please ensure that the accuracy of your details upon establishing your account. If any information is incorrect and or you would like to make any changes, please advise us immediately.

GD Candles 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. You will be notified immediately in this event.

Access to the GD Candles website

Our team does its best to ensure that our website is available at all times with limited interruptions and transmissions; however we may be subject to technical factors surrounding the internet.

On the rare occasion, our site may be down temporarily to undertake repairs, maintenance and update. In this event, your access will also be temporarily unavailable. We will do our utmost to ensure that minimal interruption is caused.

The Agreement

When you place an order to purchase a product from GD Candles, we will send you an email confirming receipt 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 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 agreement. You are seeking to enter into a contractual agreement with GD Candles when you place an order.

Liability and Warranty

GD Candles make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the products and services provided to you under this Agreement. We do not and cannot warrant that GD Candles will operate without errors, or that any or all our products and services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that we and our officers, directors, employees, agents (including couriers) or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to GD Candles products and services, including loss of profits, revenue, legal fees, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of GD Candles and its affiliates exceed the amounts paid by you for the services provided to you. Furthermore, to the extent permitted by law, GD Candles, our officers, directors, employees, agents or contractors do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness of the information or materials found or offered on this website. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.

Specifically, your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. GD Candles 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 GD Candles 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 GD Candles from excluding or modifying the application of, or GD Candles’ liability under, any such condition or warranty, that condition or warranty will be deemed included but GD Candles’ liability will be limited for a breach of that condition or warranty to one or more of the following at GD Candles’ 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.

GD Candles, to the maximum extent permitted by laws, will not accept liability to you in respect of any other 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.

Returns
Please review our Returns Policy which applies to products purchased from us.

Availability

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.

Pricing

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 site 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.

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.

Events beyond our reasonable control (force majeure)

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.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at any time, in any other situation where you breach these conditions. If we take no action, we are not to be taken to have waived our right to do so.

Severability

In the event that a court of competent jurisdiction finds any term or clause in this Agreement to be invalid, unenforceable, or illegal, the same will not have an impact on other terms clauses in the Agreement or the entire Agreement. However, such a term or clause may be revised to the extent required according to the opinion of the court to render the Agreement enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.

Indemnity

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 site, 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 one or more 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 sensitive business information Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Your statutory rights are not affected by these terms and conditions

Dispute Resolution

The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.

The mediation shall be conducted in accordance with the ADC Guidelines for Commercial
Mediation operating at the time the matter is referred to ADC (the Guidelines).

(c) The terms of the Guidelines are hereby deemed incorporated into this agreement.

(d) This clause shall survive termination of this agreement.

Our details
GD Candles
40 Rose St
Sefton, NSW 2162 Australia
Phone: +61 414336184
Registered in Australia

ABN Number: 76182592008
Email Address: info@gdcandles.com.au