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Terms of service
As at 1st June, 2023
These Terms and Conditions regulate the business relationship between you and The Violet Wick. By using this Website in any way, or by buying from us you agree to be bound by them. The Content on this Website is for general information purposes only. Furthermore, we do not warrant or make any representations as to any third party products or services described or referred to on this Website. Any use of the materials or information found on this website by another person or organisation is entirely at the user's own risk.
Website name: thevioletwick.com
Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry products or goods from us to you, whether all or part of the distance.
“Content” means any material in any form published on our website by us or any third party.
"Consumer" refers to an individual or entity who accesses or uses the product, service, or website provided by The Violet Wick.
“Goods” means any of the products we offer for sale on our website.
“Material” means content of any sort posted by you on our website.
“This Website” means the entire computing hardware and software installation that is or supports our website, thevioletwick.com
Our contract with you:
These terms and conditions apply:
So far as the context allows you as a visitor to this website.
In any event to you as a buyer or prospective buyer of our products.
We shall notify you of our acceptance of your order by confirmation e-mail. A confirmation e-mail will also confirm details of your purchase. You will also be notified by e-mail when we have despatched your order.
We may change these terms and conditions from time to time. The terms that apply to you are those posted here on this website on the day you order your products. It is your responsibility to check our website regularly for updated versions of these terms and conditions.
Where possible we will ensure we have sufficient stock to meet expected orders. The website is updated when products are no longer available.
Your Account with Us
If you use our website you are responsible for maintaining the confidentiality of your login details and password.
You agree to accept responsibility for all activities that occur within your account. If you feel your account has been accessed without your authority please contact us immediately. We also recommend that you log in to your account and change your password from time to time.
We reserve the right to refuse you access to our website at our sole discretion.
Wholesale Orders
We welcome all applications and will reply with further wholesale information, including our price list, if your application is approved.
Price and Payment
All prices for products listed on our website are in Australian Dollars (AUD). All orders must be paid for in Australian Dollars (AUD).
Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
All prices listed on our website are inclusive of the Australian Goods and Services tax (GST) payable under the New Tax System (Goods and Services Tax) Act 1999.
Disclaimers
You are advised that content may include technical inaccuracies or typographical errors. We would be grateful if you could bring to our immediate attention of any that you find.
To the full extent permitted by law we don't give warranty and make no representation expressed or implied as to:
the adequacy or appropriateness of the goods for your purpose;
the truth of any content on our website published by someone other than us;
any condition, merchantability or fitness of the goods for a purpose other than that for which the goods are commonly used; or
compatibility of our website with your equipment, software or telecommunications connection.
Our website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits whether in an action of contract, negligence or otherwise arising out of or in connection with your use of our website or the purchase of goods.
In any event, including the event that any term, condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Nature of Product
Customers of The Violet Wick agree that every candle is handmade and can carry minor imperfections that vary from the website images. This is due the nature of the natural soy product and cannot be deemed faulty.
Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all content of our website. The title and ownership rights shall remain the sole property of us and / or the other content providers. We will strongly protect those rights in all countries.
You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
Your Email Address
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority to desist from using or permitting the use of a particular domain name as part of a name or email address.
System Security
We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of our website, your posting of any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or organisation.
Miscellaneous Provisions
When we communicate with you we will usually do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
Nothing in these terms and conditions or on our website shall confer on any third party any benefit or obligation.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in these terms and conditions shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms and conditions or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
These terms and conditions shall be governed by and construed in accordance with the law of Australia. These terms and conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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Terms and Conditions for Bespoke Tealights
General Terms: These terms and conditions apply to all orders placed with The Violet Wick for customised party favours. By placing an order, the customer acknowledges and accepts these terms and conditions in their entirety.
Ordering Process: a. To place an order, the customer must request a quote from The Violet Wick by submitting “Request a Quote” form on the website. b. The quote provided by The Violet Wick will include details such as the quantity, customisation options, pricing, and estimated delivery timeframe. c. The Violet Wick reserves the right to refuse any order at its discretion.
Deposit and Payment: a. A 50% deposit is required to secure the order once the quote has been accepted by the customer. b. The deposit can be paid through the specified payment methods provided by The Violet Wick c. The remaining balance must be paid in full before the order is dispatched.
Customisation: a. The customer is responsible for providing accurate and detailed customisation instructions for the bespoke tealights, including but not limited to colour, scent, design, and any other specific requirements. b. The Violet Wick will make reasonable efforts to accommodate customisation requests c. The Violet Wick reserves the right to use images of the customised tealights for promotional purposes unless otherwise specified in writing by the customer.
Delivery and Dispatch: a. The Violet Wick will make every effort to dispatch the order within 5-7 working days from the receipt of full payment. b. The delivery timeframe provided is an estimate, and The Violet Wick shall not be held liable for any delays beyond its control, such as unforeseen circumstances or shipping issues. c. The customer is responsible for providing accurate and complete delivery address information. Any additional charges incurred due to incorrect or incomplete addresses will be the responsibility of the customer.
Cancellations and Refunds: a. Written cancellation requests are required for all cancellations. b. If the customer cancels the order prior to the commencement of work, a complete refund will be issued. c. Once the order has entered the production phase, no refunds will be granted.
Limitation of Liability: a. The Violet Wick shall not be held liable for any indirect, incidental, special, or consequential damages arising from the purchase, customisation, or use of the party favours. b. The total liability of The Violet Wick for any claim, including but not limited to breach of contract, negligence, or otherwise, shall not exceed the total amount paid by the customer for the order.