Terms and Conditions

1. General Safety

Leila Candles products are used at your own risk.

Candle safety is extremely important and is the sole responsibility of the purchaser. When not used correctly and safely, candles can be very dangerous.

To prevent fire or injury:

Ensure candles are on heat resistant surfaces when lit, and only used in adequately ventilated spaces with plenty of clearance from other items;
Never leave a lit candle unattended, and do not use where there is a draft;
Keep candles out of reach of children and pets;
Keep candles away from curtains, bedding and any other flammable items; and
Never move a lit candle.

Leila Candles does not take accept any responsibility or liability for use of our products, or any direct, indirect or consequential damage or loss caused by our products.

2. Disclaimer

The nature of online commerce and communications means that your communications may be susceptible to data corruption, interception, and delays. This Store may include inaccuracies or typographical errors. Leila Candles may make changes to the products and prices described in the Store, and to the content of the Store, at any time without notice. Leila Candles is not responsible for any detrimental reliance you place on the Store or its contents. Use of the Store and Leila Candles products are entirely at your own risk.

Unless otherwise agreed to in writing by Leila Candles, the contents of the Store and all goods that may be provided in any connection with this website are provided “as is”, and are for consumer end use only, and all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed, except as required under Australian Consumer Law. Except as otherwise expressly agreed, or as required under Australian law, Leila Candles makes no representations, warranties, covenants, or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the contents of the Store, or as to any goods that may be provided or sold in connection with the Store. Any representations, warranties, or covenants with respect to any goods referred to in the Store shall be subject to, governed by, and as stated in the applicable contract governing the provision of same.

In connection with your viewing and use of the Store, except for any commercial transactions that may be undertaken in connection with this website, Leila Candles shall not be liable for any damage, harm, liability, loss, cost, expense, or injury suffered in any connection with the Store whatsoever, including as a result of using, accessing, copying, or downloading any part of the Store. In no event will Leila Candles be liable for any direct, indirect, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach of contract, or in tort, negligence, equity, or otherwise even if Leila Candles has been previously advised of the possibility of such damage.

You agree to have sole responsibility for adequate protection and backing up of data and/or equipment used in connection with the Store and will not make a claim against Leila Candles for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of the Store.

You agree to hold Leila Candles absolutely harmless from, and you covenant not to take any action against Leila Candles for, any claims based on using the Store, or any product supplied by Leila Candles.

3. Privacy

Leila Candles is committed to protecting your privacy. This means that we do not distribute, rent or sell any of your personal information. We manage the personal information we collect about you in accordance with our Privacy Policy, and do not disclose your personal information to third parties other than as set out therein.

4. Eligibility

To be eligible to purchase goods on this Store and to lawfully enter into and form contracts on this Store under Australian law you must:

(a) be aged 18 or older;

(b) register on the Store; and

5. Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of Victoria, and the Commonwealth of Australia, without regard to its conflict of law’s provisions.

6. Prices

All prices indicated for products available via the Store are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery Section of the Store.

7. Products and Services for Personal Use

The products and services available on the Store, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

8. Returns and Refunds Policy and Procedures

To view our policy and procedures related to returns and refunds, see our Returns and Refund Policy.

9. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Store; however, to the extent permitted by law, we do not warrant that the product descriptions, colours, information or other content available on the Store are accurate, complete, reliable, current, or error-free.

10. Placing an Order and Order Acceptance

You will be guided through the process of placing an order by a series of simple instructions in the Store. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.

You place your order request for goods from the Store by clicking on the Submit button at the end of the on-line order process. Once an order has been submitted and payment received, we cannot change, add to, or cancel the order.

Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which will be debited from your chosen credit/debit card, PayPal, Google Pay, Shop Pay, or AfterPay account.

Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you (e.g., request a return/refund due to change of mind), you will need to follow the steps in the Returns and Refund Policy.

If you require any information regarding your order(s), please contact us by email to info@leilacandles.com.au.

Leila Candles may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy), or if we identify a product or pricing error.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this at the earliest opportunity, unless we suspect fraudulent activity, in which case no notification will be given.

11. Payment

You many pay using any of the methods specified in the payment section of the Store. You confirm that the credit or debit card, or PayPal, Google Pay, Shop Pay, or AfterPay account that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

12. Title to Goods

Leila Candles will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

13. Risk of Loss

Risk in the goods will pass to you upon delivery to you.

14. Delivery

Leila Candles will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.

15. Acceptance of Goods

Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that the goods are faulty, or you are cancelling the order and you return the goods in accordance with the Returns and Refund Policy. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.

If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact us by email to info@leilacandles.com.au.

16. Intellectual Property

All information and content available on the Store and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively "Content") is the property of Leila Candles, our affiliates, partners or licensors, and is protected by Australian and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 17 below, or as required under applicable law, neither the Content nor any portion of the Store may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

17. Limited Licenses

Leila Candles grants you a limited, revocable, and non-exclusive license to access and make personal use of the Store. This limited license does not include the right to:

(a) frame or utilise framing techniques to enclose the Store or any portion thereof;

(b) republish, redistribute, transmit, sell, license or download the Store or any and/or all Content (except caching or as necessary to view the Store);

(d) modify, reverse engineer or create any derivative works based upon either the Store or any and/or all Content;

(e) collect account information for the benefit of yourself or another party;

(f) use any meta tags or any other "hidden text" utilising any and/or all Content; or

(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Store or affixed to or contained in the Store.

Leila Candles also grants you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Store for personal, non-commercial use only. An online store or website that links to the Store:

(i) may link to, but not replicate, any and/or all of our Content;

(ii) may not imply that we are endorsing such online store or website or its services or products;

(iii) may not misrepresent its relationship with us;

(iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages;

(v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and

(vi) may not link to any page of the Store other than the home page.

We may, in our sole discretion, request that you remove any link to the Store, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking.

Any unauthorised use by you of the Store or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 17 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

18. Your Obligations and Responsibilities

In the access or use of the Store, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Store. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Store or any Content or services that may appear on this Store and may not impair in any way the integrity or operation of the Store. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Leila Candles, our affiliates, partners, or licensors.

19. Your Account

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information. You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us as soon as practicable by email to info@leilacandles.com.au.

Alternatively, you can update your details through the Store. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions, or if we decide, in our sole discretion, that it would be in our best interests to do so.

20. Third-Party Links

Leila Candles is not responsible for the content of any off-Store pages or any other links to or from the Store. Links appearing on the Store are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Store pages or other websites or online stores is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Store pages or any other website or online store linked to or from the Store, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Store pages and other websites or online stores that you visit.

21. Special Features, Functionality and Events

The Store may offer certain special features and functionality or events (such as contests, giveaways or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

22. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

23. Representations and Warranties; Limitation of Liability

THE STORE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE STORE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY:

(a) INTERRUPTION OF BUSINESS;

(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE STORE;

(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-STORE LINKS ON THE STORE;

(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE STORE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY STORES;

(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR

(g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE STORE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED STERLING AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Complaints

If you wish to complain about any matter in respect of the Store or goods purchased, please email us at info@leilacandles.com.au.

Disputes

Your use of our Store and any purchase by you of any goods from us shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.

General

You acknowledge and agree that these Terms and Conditions, which include our Returns and Refund Policy and Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Store, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Store. Any changes are effective immediately upon posting to the Store. Your continued use of the Store constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Store. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these terms and conditions, please contact us.

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