Terms & Conditions

1. About

This Website (www.poesiacandles.com) is owned and operated by Bianca Dudau (Poesia, we, us or our). The use of this Website is governed by the following Terms and Conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Website relating to your use of the Website as amended by us from time to time.

2. Acceptance of these Terms

2.1. By using this Website, you accept these Terms and Conditions (Terms), on behalf of yourself and any related business, by buying the Products, using the Services, making payment to us, or browsing the Website. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.
2.2. You must not use this Website if you are not of a legal age or capacity to form a binding contract with us.
2.3. Poesia reserves its right to review and change the Terms by updating this page at its sole discretion. If and when Poesia updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication.

3. Your Account

3.1. If you register for an Account on the Website, you are responsible for all activities that occur under your account. You must:
(a) ensure that you keep your username and password confidential and don’t disclose it to any other person;
(b) not authorise anyone to use your account; and
(c) immediately notify us of any unauthorised use of your password or account or any other breach of security
3.2. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
3.3. We reserve the right to refuse or restrict your access to the Website and terminate your account.
3.4. You may close your account at any time, but you will remain liable for any obligations related to your account after it has been closed. These Terms will continue to apply to your access to and use of this Website after your account has been closed.

4. Use of the Website

4.1. You must only use this Website in accordance with these Terms, any directions given by us and all laws and regulations that apply to you.
4.2. You must not, and not cause or permit a third party to,:
(a) use this Website in a manner or for a purpose which is improper, unlawful or fraudulent, which infringes any person’s intellectual property rights, or which restricts or interferes with our provision of this Website to any other users;
(b) reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or any part of this Website;
(c) gain or attempt to gain unauthorised access to any part of this Website, or our computer systems or networks connected to this Website, including through hacking, password mining or any other means; or
(d) use data mining, robots, screen scraping or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained in this Website, on your own Website or in any other publication, or for your own personal use or benefit (other than as expressly set out in these Terms), except with our prior written consent.

5. Website Content

5.1. The content on this Website includes product related information that comes from a variety of sources and authors, including our staff, contractors and suppliers. It is intended for general use only and we do not warrant that the information is accurate, complete or relevant to your circumstance.
5.2. While we try to ensure the accuracy of all prices and information displayed on the Website, we are not responsible for any typographical or photographic errors on this Website, including any price errors and we give no undertaking as to the availability of products advertised on this Website.
5.3. We encourage you to read the description of our products prior to processing your order as this includes measurements and product composition details where applicable.
5.4. This Website may contain links to external Websites not operated by us and we take no responsibility for, or endorse, the content of such Websites.

6. Your Content

6.1. Registered users of this Website may post public reviews on the products we offer and these reviews may be subject to review, modification and deletion without notice by us. You acknowledge that any personally identifiable information you choose to disclose in your public review on the Website may be used by third parties and we are not responsible for this.
6.2. You must not post any information which:
(a) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person; or
(b) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Website or any of our users.
6.3. We may deny you access to all or part of the Website and or suspend or cancel your account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms or the Privacy Policy or is otherwise inappropriate. We are not liable for any loss, direct or indirect, that may result from the suspension or cancellation of your account.

7. Intellectual Property Rights

7.1. All the content on the Website, including images, designs, layout elements, logos, artistic works, photographs, literary works and all other copyright materials (“the Content”) are owned or licensed by us. Nothing in these Terms constitutes a transfer or license of any intellectual property rights. All rights in respect of the Content are hereby reserved.
7.2. We authorise your use of the Content for the purpose of viewing and using our Website, or in ways permitted under applicable laws. However, use of the Content for any other purpose, (including reproduce, modify, copy, distribute, transmit, communicate, display, publish, adapt or use any material in any way the Content or third-party content for any purpose) without our written consent is prohibited.
7.3. Our trade marks, registered or unregistered, are displayed on our Website. must not be downloaded, copied and or used for any purpose without the permission of its respective owner. Reproducing our trade mark without our permission may amount to infringement of our rights.
7.4. You acknowledge and agree that Poesia exclusively and unconditionally owns the Moral Rights in all the Derivative Materials, Materials and documents relating to the Website or Services. You acknowledge and agree that to the extent that you have Moral Rights in any of the Content, Derivative Materials, Materials and documents relating to the Terms, you provide a Moral Rights Consent to Poesia.
7.5. Our third-party partners may be granted a limited licence to display our trade mark and/or copyright materials to promote the sale of Products, at our complete discretion. Please contact us if you are interested in reproducing anything displayed on our Website.

8. Ordering

8.1. You may place an order with us by completing the order process on our Website. We may at our discretion accept or reject an order depending on a variety of factors, including the non-availability of the products ordered or our inability to validate payment for the products.
8.2. Please choose your products carefully and check all aspects of your order including delivery charges before you submit. Prices can change at any time and so you should be particularly careful to check the price of the products included in your cart before submitting your order.
8.3. We will send you an order confirmation by email when the checkout process is complete. At this stage, subject only to our right to cancel the order under clause 8.1, a binding agreement will come into existence between you and us and only these Terms will apply in relation to the supply of the ordered products.
8.4. We may change any provision in these Terms at any time by publishing the change on our Website so it is important that even if you are a frequent purchaser from us that you check these Terms whenever you want to purchase products from us. Any change of these Terms will only apply to orders made after publication of the change on our Website.
8.5. We do our best to keep in stock all products that are advertised by us on our Website. However, we cannot guarantee availability of stock at all times and reserve the right to withdraw or suspend from sale any products displayed on our Website, either temporarily or permanently, at any time without notice. If an item included in your order is out of stock at the time of fulfilment, we may cancel the order and give you a full refund under clause 8.1. However, we will endeavour to contact you before doing so.
8.6. You acknowledge that our products are supplied to you strictly for your personal use only and must not be resold.

9. International Orders

9.1. You are liable for the payment of any local country import duty, customs or sales taxes levied on the Products purchased.
9.2. All international orders will be converted into your local currency at the rate applied by your credit card company.

10. Payment

10.1. At checkout, we will accept payment, thorugh the gateway specified on our Website, using major credit cards, such as Visa or MasterCard, or using a PayPal, ZipPay or Afterpay account. By processing your payment, you represent to us that you are authorised to make the payment.
10.2. All credit card transactions are secured using encryption methods and security measures used by payment gateway providers to minimise the possibility of unauthorised access or disclosure. No credit card information is stored by our Website. We will not be liable, except to the extent otherwise required by law (including, without limitation, under consumer laws) for any loss or damage (whether direct or indirect) suffered by you if your credit or debit card is fraudulently used or is used in an unauthorised manner by a third party.
10.3. If we cannot complete your order, some items cannot be shipped or we reject your order, we will refund you using the original payment method used for the order. Please be aware that refunds may take several business days to appear on your statement.
10.4. Your payment may be declined or otherwise not accepted at any time and for any reason including, without limitation:
(a) where fraud detection systems detect possible irregularities;
(b) because your financial institution has declined payment; or
(c) because your payment card has expired.

11. Price, Tax and Discounts

11.1. All prices are displayed in Australian Dollars (AUD) and are inclusive of Goods and Services Tax. In all other respects, the price is exclusive of taxes, duties or charges imposed or levied in Australia or overseas in connection with the supply of goods and services.
11.2. By submitting your order via our Website, you consent to us charging you the purchase price and the delivery fee as stipulated on our Website.
11.3. If you require the products to be packaged in a non-standard manner, we may also charge you for the additional cost of the packaging.
11.4. We may offer discounts from time to time. To qualify for this discount you must apply the applicable discount code at checkout or purchase products within the allotted timeframe.
11.5. You may only use one discount code per purchase and use of a discount code may over-ride or nullify some of the other discounts we may offer such as free shipping.
11.6. It is your responsibility to ensure a discount code is valid for your purchase and entered correctly as we are under no obligation to apply discount codes retrospectively.

12. Promotions & offers on the Website

12.1. All promotions and offers are exclusive to us, unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and we reserve the right to revoke promotions and offers at any time and for any reason without notice.
12.2. We reserve the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.
12.3. Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty.

13. Shipping & Delivery

13.1. Orders will be shipped to you via Australia Post or other delivery agents. We do not accept any liability for loss, damage or expense to you caused by actions or failures of Australia Post (except where required by applicable law). We will package your order in the manner deemed most appropriate to avoid any damage.
13.2. Our delivery fees are applied on a per order basis. Please bear this in mind before processing multiple orders separately as we are unable to combine postage after your order has been submitted via our Website.
13.3. If you are an international buyer, our postage prices will vary and all postage prices will be shown at checkout. We reserve the right to reject orders from outside of Australia for any reason.
13.4. If the delivery cannot be completed, your order may be returned to us. In these circumstances, we are under no obligation to resend your order. If we are required to resend your order, we may charge additional shipping fees.
13.5. We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.

14. Cancellation of Orders

14.1. We reserve the right to cancel an order at any time before delivery. If we do so, we will let you know and provide you with a full refund, including any delivery charges you may have paid. We will only cancel an order in limited circumstances, such as where:
(a) Our manufacturers or suppliers are unable to supply products that they have previously promised to supply or the requested products are otherwise unavailable;
(b) An event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the products within a reasonable time;
(c) Your payment is not accepted for any reason; or
(d) The order has been placed in breach of these Terms.
14.2. Please note that the processing time for refunds may be affected by your financial institution’s processing procedures and policies. We accept no responsibility for any loss, damage, cost or expense to you or any third party caused by a delay in processing your refund.

15. Return Policy

15.1. We want you to be happy with the products you purchase from us and your shopping experience with us.
15.2. If you are returning the products because:
(a) you received incorrect products, we will at our option, either replace the incorrect product with the products your ordered or we will refund you; (b) you received faulty or damaged products, we will at our option, either provide you with a replacement or we will refund you.
15.3. We take care in packaging all orders securely, however, occasionally boxes may be damaged while in transit, we do not offer refunds or replacements on products if only its packaging is damaged.
15.4. Unless we reasonably determine the product is being returned due to our error or product fault:
(a) you are responsible for any shipping charges on returned products; and (b) we will not refund you the delivery fee originally paid.
15.5. To request a refund, please contact the customer service team via hello@poesiacandles.com.
15.6. Nothing in this clause affects your rights or any consumer guarantees under the Australian Consumer Law.

16. Warranties and disclaimers

16.1. While we will attempt to ensure that the information provided on the Website (including illustrations and specifications for goods) is correct, we do not guarantee the reliability, accuracy or completeness of that information.
16.2. You acknowledge and agree that:
(a) the use of the Platform, the Services, and any of the Products is at your own risk. Everything on the Platform, the Services, and the Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind;
(b) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(c) We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee that cannot be excluded under consumer laws) arising out of or in connection with the products, use of the products supplied to you, the late supply of products or otherwise arising in connection with any transaction undertaken or attempted to be undertaken through our Website, including subscription to the mailing list (whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise).
16.3. Subject to any non-excludable liability implied by legislation (including under Australian Consumer laws), our liability, (including that of our related companies and their directors, officers, employees, agents and contractors) in connection with goods or services supplied to you will be limited to:
(a) in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
(b) in relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
16.4. We make no representation, warranty or guarantee that your access to, and use of, the Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components and we reserve the right to discontinue operating the Website at any time without notice to you.
16.5. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

17. Liability

17.1. In no event shall we be liable to you or any third party, for any direct, indirect or consequential loss, damage or expense, which may arise in connection with these Terms, Privacy Policy or use of the Website.

18. Indemnity

18.1. You agree to indemnify Poesia, third party content providers and licensors from and against all actions, suits, liabilities, expenses, damages, losses, demands incurred or arising of in connection with your use of the Website and the Services.
18.2. This indemnity will survive the termination of the Terms.

19. Security Policy

19.1. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on our systems or on the Website. Shouold this occur, we disclaim all liability to you to the greatest extent possible pursuant to law.
19.2. You are entirely responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.

20. Privacy policy

20.1. You acknowledge and agree that we may store the personal information provided to us by you via our Platform, for the purpose of processing your order (including disclosure to third parties), for our internal record keeping purposes and our direct marketing purposes.
20.2. Please find further information regarding your privacy and information collection at our Privacy Policy. If you would like any further information about privacy policies or practices, please contact us at hello@poesiacandles.com.
20.3. By providing your Personal Information to us, you consent to collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.

21. General

21.1. You must comply with all applicable laws, regulations, and codes in relation to your access to, or use of the Website.
21.2. A right relating to the Terms may only be waived by us in writing. Our failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
21.3. The Terms are governed by, and are to be construed in accordance with, the laws in force in the State of New South Wales, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State.
21.4. These Terms constitute the entire agreement between the parties and supersedes all previous agreements, arrangements, undertakings between the parties.
21.5. If any provision of the Terms is held void, unenforceable or illegal, that provision will be severed, and the rest of the Terms will have full force and effect.
21.6. Any provision of this Agreement which is prohibited or unenforceable will be ineffective to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these Terms.

Poesia acknowledges the Traditional Custodians of the land on which we meet and work. We wish to pay respect to Elders - past, present, and emerging - and acknowledge the important and vital role all Aboriginal and Torres Strait Islander people continue to play within Australia.