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Terms & Conditions
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.
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Website name: thevioletwick.com
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Definitions
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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.
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“Content” means any material in any form published on our website by us or any third party.
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"Consumer" refers to an individual or entity who accesses or uses the product, service, or website provided by The Violet Wick.
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“Goods” means any of the products we offer for sale on our website.
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“Material” means content of any sort posted by you on our website.
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“This Website” means the entire computing hardware and software installation that is or supports our website, thevioletwick.com
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Our contract with you:
These terms and conditions apply:
So far as the context allows you as a visitor to this website.
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In any event to you as a buyer or prospective buyer of our products.
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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.
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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.
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Where possible we will ensure we have sufficient stock to meet expected orders. The website is updated when products are no longer available.
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If we do not have all the products you order available in stock, we may offer you alternatives. If this happens you may:
accept the alternatives we offer; or
cancel all or part of your order;
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In the event you cancel all or part of your order, pursuant to above. we will credit your credit or debit card for the relevant order amount as soon as possible but no later than 7 days from the date we confirmed cancellation of your order.
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Your Account with Us
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If you use our website you are responsible for maintaining the confidentiality of your login details and password.
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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.
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We reserve the right to refuse you access to our website at our sole discretion.
Whole Sale Orders
We welcome all applications and will reply with further wholesale information, including our price list, if your application is approved.
Click here to complete our Wholesale Enquiries Form and view Terms and Conditions
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).
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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.
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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.
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Shipping and Delivery
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Deliveries will be made by Australia Post or by a delivery carrier instructed by us to the address stipulated in your order. It is your responsibility to ensure that someone is present to accept delivery of your order.
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If we are unable to deliver your order by the carrier, we will notify you to try to arrange an alternative date for delivery. If we have been unable to contact you after 10 days from the first time delivery was attempted, we will cancel your order and refund money paid by you for the products that was ordered, less any charge for delivery.
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Products are sent at your own risk until signed for by you or by any other person at the address you have supplied.
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Please allow 2-3 working days for processing of your order. Delivery time is subject to stock availability, and your location within Australia.
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Orders do not have a guaranteed delivery time after the order has been shipped, and we take no responsibility in delays that are caused by Australia Post after the item has left us.
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Orders will have a tracking number attached, that will be sent via email through Australia Post.
Cancellation of Order and Change of Mind
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Change of mind is only considered within 3 days of purchase if the goods are un-opened and in merchantable condition. All costs are at the purchaser’s expense including shipping.
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Please refer to the ACCC Consumer Guarantees guide for further information.
Foreign Taxes, Duties and Import Restrictions
If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
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You are responsible for purchasing products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Faulty Products
You must give The Violet Wick notice of any perceived fault in the Goods within 24 hours from the date of delivery of your order, it is vital that you check the goods upon delivery, as soon as possible.
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In your email, please include a description of the Goods, invoice number and description of the fault and any evidence to justify your claim (e.g. photograph or video). The Violet Wick will then issue a returns confirmation.
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Upon receipt of returned items, The Violet Wick will conduct an inspection of the Goods. Please ensure the returns note is included when returning faulty product.
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Where the Goods are deemed to have a major defect or fault, you may elect to have The Violet Wick replace the Goods, or provide you with a refund. Where it is deemed there is no fault with the Goods you agree you will not be entitled to a refund or replacement. Please refer to the consumer guarantees under the Australian Consumer Laws for further information relating to your rights.
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All products should be returned using the following procedure to ensure safe delivery of the Goods:
in original packaging and in the condition in which the Goods were received;
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securely wrapped;
including our delivery slip;
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:
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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.
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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.
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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.
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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.
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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.
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You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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Nothing in these terms and conditions or on our website shall confer on any third party any benefit or obligation.
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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.
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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.
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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.
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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.
Goods Damaged in Transit
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If goods are damaged in transit, please do not sign for the goods, as you are signing that the products were received all in good order.
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By choosing to instruct a courier to leave goods without signature, you are waiving your insurances and ability to claim against damaged or stolen goods. We strongly advise against the option of leaving goods without signature.
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In the case of goods damaged in transit without external damages to the packaging, photos will be required of the internal and external of the package, as well as the damaged goods themselves. All claims are to be lodged within 24 hours of delivery.
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In the case of goods damaged in transit where insurance has been paid for in the checkout, the damaged goods only will be assessed, and if deemed to be damaged in transit by The Violet Wick, will be replaced and shipped to the customer at the expense of The Violet Wick.
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In the case of goods damaged in transit where insurance has not been paid for in the checkout, the damaged goods only will be assessed, and if deemed to be damaged in transit by The Violet Wick, will be replaced by The Violet Wick at nil cost to the customer
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Coupon Codes
The use of coupon codes can be revoked at any time. Coupon codes are an extension to aid in discounts to specific customers. Coupon codes cannot be used in conjunction with any other discount or offer, cannot be used to discount sale items and only one (1) coupon can be used per order created (1 coupon code - per 1 transaction).
New customer 10% discount offer
10% off promotions are only applicable to new customers
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Violet Rewards
This is a customer loyalty rewards program
All individuals using the Site are eligible to be a Member of Violet Rewards with the exception of wholesale customers.
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The Violet Club provides different Benefits to Members based on their membership tier. A Member’s Tier is determined based on the number of points a Member has earned in a 12 month period. Any points not used within those 12months will expire and be voided and will not be available for use. Members can view their Tier, points and Benefits by logging into their account.
Members can redeem points when placing an order. Points are non-transferable and cannot be redeemed for cash, gift cards, or store credit.
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Members can earn points through a variety of methods, including:
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1. create an account
2. place an order
3. follow us on social media
4. write a review
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Terms and Conditions for Customised Tealight Party Favours:
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 customization instructions for the party favours, 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 customized party favours 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.