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TERMS & CONDITIONS

While visiting and interacting with the Rare Candy website, it is important that you understand that your actions and the actions of Rare Candy Co are bound by the Terms and Conditions set out in the document below. Please refer to the information below for detailed information regarding obligations, limitations, and more.


ABOUT THESE TERMS AND CONDITIONS

In these Terms and Conditions "we" and "us" mean Rare Candy Co - ABN: 90 841 173 263 and "you" and "your" means you the customer. These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply.

Acceptance of these Terms and Conditions enables you to:

  • Access and use the Rare Candy Co website (https://www.rarecandy.com.au/) (Website) including using the services and functionality made available through the Website.
  • View and interact with any content, information, communications, advice, text or other material provided by Rare Candy Co (Rare Candy Content) or any User Content (defined within the "User Content" provision).
  • Upload User Content to the Website and communicate with Rare Candy Co.

You agree to be bound by these Terms when you use, browse or access any part of the Website.

Rare Candy Co may from time to time review and update these Terms and Conditions in response to new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms and Conditions posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms and Conditions. It is your responsibility to check the Website regularly for updated versions of the Terms and Conditions.


USER CONTENT

When you use the Website, you may upload pictures, photographs, graphics, information, comment, content, communication, text or other material to the Website (User Content).

The Personal Information outlined and listed below (as stated in our Privacy Policy) will not form any part of the User Content defined above.

Personal Information:

  • Your full name.
  • Contact information including email address.
  • Demographic information such as postcode, preferences and interests.

User Content uploaded to the Website:

  • May be accessed and viewed by the public.
  • Can be used by us in accordance with the licence terms set out under the "User Content" provision including to promote the Website.

You agree to be solely responsible for any User Content that you upload to the Website. You warrant and represent that any User Content you upload to the Website will not violate these Terms and Conditions.

You retain all intellectual property rights in the User Content you upload to the Website. By uploading the User Content, you grant us a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future).

You consent to your User Content being altered, edited or adapted by us for any reason including to ensure your User Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968) in the User Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with your User Content (whether or not currently in existence) to:

  • Perform, exhibit, reproduce, adapt and communicate any part of your User Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that User Content.
  • Commit any act or omission that would constitute a derogatory treatment of your User Content.
  • Make any use of your User Content that may falsely attribute authorship of the User Content to another person.
  • Delete or adapt or change any of your User Content in any way, including by addition to or subtraction from your User Content.
  • Combine or juxtapose your User Content with anything else.
  • Commit any act or omission that would constitute a derogatory treatment of your User Content.

Where the User Content uploaded by you to the Website contains material from third parties, you warrant that you have obtained the moral rights consents from such third parties.

We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in our sole discretion, to breach any law or these Terms and Conditions or to be otherwise unacceptable.

You acknowledge that we:

  • Have no responsibility or liability for the deletion or failure to store any User Content uploaded by you or any other user on the Website.
  • Are not responsible for any User Content uploaded to the Website by you or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.

You represent and warrant that:

  • You own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content you upload on the Website.
  • You have the right and power to grant the licence for your intellectual property to us.
  • The User Content uploaded by you will not infringe the intellectual property rights of any third party.
  • You will not upload User Content that will cause you to breach these Terms and Conditions.

You understand that we do not guarantee any confidentiality with respect to any User Content you upload to the Website.

You acknowledge and agree that we are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to your intellectual property rights in User Content or Rare Candy Content.


RARE CANDY CONTENT

The Rare Candy Content on the Website is for general information and promotional purposes only. Rare Candy Co does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Rare Candy Content by another person or organisation is at your own risk.

The Rare Candy Content on the Website is obtained and developed from a variety of sources including, but not limited to, collaborations with third parties and information provided by third parties under licence. Inclusion of Rare Candy Content on the Website is not an endorsement of any organisation, product, service or advice.

All intellectual property rights, including copyright, in the Website and Rare Candy Content are owned or licensed by Rare Candy Co or any of its related entities. You must not copy, modify or transmit any part of the Website or Rare Candy Content.

The Website contains trade marks, logos and trade names of Rare Candy Co or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.

Rare Candy Co grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified in these Terms. It is not to be otherwise used for commercial exploitation.

If you have a complaint regarding any Rare Candy Content and User Content, Rare Candy Co's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Rare Candy Content or User Content.


LEGAL CAPACITY TO TRANSACT

If you are under the age of eighteen (18) years you can not place orders with Rare Candy Co. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years. Should Rare Candy Co suffer any damage to business or other losses as a result of a transaction entered into by a minor, Rare Candy Co reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Rare Candy Co.


PROHIBITED USES

You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

  • Download (other than page caching) or modify the Website or any portion of the Website.
  • Impersonate or falsely claim to represent a person or organisation.
  • Are commercial, including selling, marketing, advertising or promoting goods or services.
  • Frame the Website without Rare Candy Co's express written permission.
  • Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
  • Post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

PLACING YOUR ORDER

You may place your order by filling in the order form on this website. When you place your order, we will issue you with an Order Number. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your order after payment is received we will contact you by email or telephone. Rare Candy Co reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.


PAYMENT METHODS AND PROCESSING

Rare Candy Co accepts PayPal, Visa and MasterCard only. Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/invoice number in the transaction description.

Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Australian public holidays.

We process credit card and PayPal payments after you click the "Submit My Order" button. For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.

Please Note:

We will not accept credit cards issued by banks outside of Australia. Our preference in this instance is direct debit or payment via PayPal. Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks. If your PayPal payment is funded by an echeque this may substantially delay processing your order while payment clears.


GST

All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.


PRICES

Rare Candy Co always seeks to list its Products with the most competitive prices in relation to current market values. Rare Candy Co reserves the right to change prices for Products displayed on the Rare Candy Co website at any time.


SUPPLY OF PRODUCTS

Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation. When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.


REFUND POLICY

Faulty products, dissatisfaction and goods damaged prior to transit:

Provided that at least one of the following criteria is met, please contact us within 24 hours of receiving the goods to receive your refund.

  • The goods delivered contain manufacturing faults.
  • You are dissatisfied with the product.
  • Damage to the product is suspected to have occurred prior to delivery.

We will organise for the return of the goods and arrange a credit towards your next purchase or send a replacement product. The customer will incur the cost of return postage and be credited the purchase price only.

Goods damaged in transit:

Goods damaged in transit will be the responsibility of the chosen delivery service, however, if you contact us within 24 hours of receiving the goods, we will do everything we can to help your situation and speed it along.


DELIVERY CHARGES

The standard shipping rate for any location within Australia is currently $17.10 (AUD). However, we offer free delivery to any location within Australia with orders over $60.00 via Parcel Post (standard shipping). Delivery via Express Post will incur additional costs to the customer. Rare Candy Co reserves the right to change prices for delivery at any time. Delivery charges for orders to be sent outside Australia are subject to confirmation at the time the order is placed.


DELIVERY TIMES

All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team.

Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing.

Orders sent with Australia Post will either be packaged through Parcel Post satchels or Express Post. All orders have the option of being sent through Parcel Post or Express Post. All orders over $60.00 (AUD) are sent via Parcel Post (standard shipping) and is currently free as a way of saying 'thank you' from us. Express Post can be selected at the checkout in all purchasing instances and will incur an additional cost to the customer. These are the only Australia Post services we use as both are capable of being traced.

With Australia Post Express we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9:00am and 5:00pm. If no-one is present to accept delivery, the satchel will be left at the door.

Please Note:

If you REQUIRE a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. An additional charge will be payable for this service. These fees exist outside of the 'free shipping' that is offered with purchases over $60.00 and will be charged on top of the price of your product(s). Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.

With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9:00am and 5:00pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery, a slip will be left in the mail box so that you can negotiate a suitable arrangement for final delivery or collection.

Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please contact us at sales@rarecandy.com.au so that we may assist you.

Title and risk of loss to all products will pass to you on delivery.


PRODUCTS DAMAGED IN TRANSIT

All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.

Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchasers risk. We endeavour to keep our customers happy, so if a product is lost/damaged/stolen in transit, please call us within 24 hours so that we may best assist you.

If you REQUIRE a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Additional fees are payable for full insurance and person-to-person delivery options. These fees exist outside of the 'free shipping' that is offered with purchases over $60.00 and will be charged on top of the price of your product(s).

Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However, on occasion goods may be damaged in transit to you and you will be required to make a claim against the courier.


FAULTY PRODUCTS

Rare Candy Co is proud to offer our customers quality products. We will endeavor to supply you with the product you have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. We stand by our products and will be happy to replace the product or refund/credit the purchase price should the product be faulty or damaged prior to transit. The cost of returning the goods falls solely upon the customer.


LIMITATION OF LIABILITY

Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.

While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied on this website without prior notice.

Links available on the website may link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.

We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.

We shall not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.


NO PROVISION OF MEDICAL ADVICE

The Website, Rare Candy Content and services made available through the Website offer health, fitness and nutritional information, but are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a health-care professional if you have any concerns or questions about your health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website.

Nothing contained in the Website, Rare Candy Content or services made available through the Website is intended to be, and must not be taken to be, the practice of medical or counselling care.

Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Website, Rare Candy Content or services made available through the Website, we do not guarantee that such information will always include the latest or most recent findings or developments.

Your access or use of the Website, Rare Candy Content or services made available through the Website does not in any way create between you and Rare Candy Co, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part.

Any reliance or use of any information provided by or contained in the Website, Rare Candy Content or services made available through the Website is solely at your own risk.


TERMINATION OF WEBSITE ACCESS

Rare Candy Co may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.


COPYRIGHT

This website and its contents are subject to copyright. Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents unless express permission in writing has otherwise been given.


GENERAL

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Rare Candy Co. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Rare Candy Co for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Rare Candy Co, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Rare Candy Co reserves the right to change the Terms and Conditions of sale at any time. Other than the Owner, no Rare Candy Co employee or agent has the authority to vary any of the Terms and Conditions governing any sale.


FORCE MAJEURE

Rare Candy Co shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Rare Candy Co, and Rare Candy Co shall be entitled to a reasonable extension of time for the performance of such obligations.


GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.