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This website (Site) is operated by Candis Creations ABN 56 770 933 91 (we, our or us). It is available at: www.candis.com.au and may be available through other addresses or channels.

Consent

By accessing and/or using our Site, you agree to these terms of use, our Privacy Policy and Returns and Refunds Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. When purchasing goods from the Site, you are entering into a contract between you and Candis Creations. Please read these Terms carefully before placing an order.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. Materials and information on this Site (Content) are subject to change without notice. The Terms published on the Site supersede prior terms and conditions.

Ordering goods

An order submitted by you via the Site is an offer by you to purchase goods offered for sale on the Candis Creations Site (Goods) for the Price plus Delivery Fee as specified at the time of checkout. That offer cannot be withdrawn by you without the consent of Candis Creations. You acknowledge that the Goods ordered are for personal use and non-commercial use.

By completing an order online, you agree to provide complete and accurate personal details to enable the processing and delivery of your Order. Candis Creations will not be liable for loss that is incurred due to inaccurate or incomplete personal information (as defined under the Privacy Act 1988 (Cth)) being provided by you. If you provide inaccurate personal information, Candis Creations is under no obligation to resend your order if it is shipped to the address provided by you.

Order cancellations or changes

Order cancellations or changes may be made prior to the goods being dispatched for delivery by contacting Candis Creations as soon as possible. Returns can be made in accordance with the Returns and Refunds Policy.

Acceptance and rejection of orders by Candis Creations

Candis Creations reserves the right to accept or reject your Order for any reason at any time. When Candis Creations accepts an offer, it represents an agreement by Candis Creations to supply the Goods in accordance with these Terms.

In the event that Candis Creations rejects an order (including but not limited to unavailability of stock), we will make reasonable attempts to notify you of that rejection and reason and process a refund using the personal details you provided. Candis Creations will not be liable for any loss incurred by you in regard to the rejection of an order.

Price and Payment

By placing an Order, you are agreeing to pay Candis Creations the Price at the time the order is submitted and any relevant Delivery Fee. The Price of Goods displayed on the Site are in Australian Dollars and include GST for deliveries within Australia. Deliveries outside Australia may be subject to local levies which will be payable by you upon importation to that country. There may also be an additional charge to be paid by you to our third-party logistics provider in the event that customs administration is required. Delivery is not included unless specified and will be added when completing the Order.

When paying for an order by credit card, you authorise Candis Creations to debit your nominated card at the time you submit the order. Any currency conversion fees or rates are not determined by Candis Creations. Candis Creations is not liable for additional costs incurred as a result of these fees.

You acknowledge that payment must be cleared before an item is dispatched.

Presentation of Goods on the Site

By placing an order, you acknowledge that images of Goods on the website are for illustration purposes only. The size guide provided is a guide only; actual sizes and dimensions may differ in real life. It is your responsibility to read the corresponding written description provided with the Goods and to ensure the size ordered is appropriate for your intended use. Colours of Goods may vary slightly to those shown on the Site and any accessories shown are for illustration purposes only and will not be supplied with the Goods.

Gift Certificates

Gift Certificates include both physical Gift Certificates and e-Gift Certificates. Gift Certificates are valid for 3 years from the date of purchase. This date cannot be extended. Unused balances cannot be refunded or credited after the expiry date. Gift Certificates are non-refundable, cannot be cancelled, cannot be exchanged for cash or used to purchase other Gift Certificates. Gift Certificates cannot be replaced if lost or stolen.

Shipping is charged for physical Gift Certificates because they are sent via tracked mail with Australia Post. This allows you to track your order and is an added level of security.

AfterPay cannot be used to purchase Gift Certificates.

To redeem a Gift Certificate, visit the Candis website and add items to the cart. At checkout, enter the Certificate Code in the Coupon Code field and select Apply Coupon. By doing this, you agree to the Gift Certificate value being reduced by the of the purchase or the full value of the Gift Certificate. If the value of the cart is higher than the value remaining on the Gift Certificate, the value of the Gift Certificate will be reduced by the value remaining on the Gift Certificate. If the value of the Gift Certificate is higher than the value of the cart, the value of the cart will be deducted from the Gift Certificate and the remaining value will remain on the Gift Certificate to redeem at a later date before the expiry date. Once the Gift Certificate has expired, the value of the Gift Certificate will be zero. A Gift Certificate cannot be used to pay for shipping costs.

Candis Creations reserves the right to void Gift Certificates that we determine to have been purchased fraudulently, altered or tampered with. Candis Creations reserves the right to cancel purchases made fraudulently with Gift Certificates.

You can check the remaining value of your Gift Certificate by emailing info@candis.com.au an providing the Certificate Coupon number. Transaction statements will not be issued.

You are responsible for the use and safety of your Gift Certificate. You are liable for purchases made using your Gift Certificate. Contact Candis Creations as soon as possible if you believe an error has occurred in relation to your Gift Certificate. If a refund is required, a new Gift Certificate will be issued with a new Certificate Code for the refunded amount.

Coupons

Occasionally Candis Creations will advertise discount coupons. Coupons, unless specified otherwise, can only be used when purchasing full price underwear. Coupons generally cannot (unless specified otherwise):

• be used in conjunction with other coupons
• be used for purchasing items that are on sale
• be used for purchasing Gift Certificates

Candis Creations reserves the right to cancel coupons at any time without notice.

Delivery

Candis Creations uses a third-party delivery provider. You agree to your delivery address being supplied to this third party for the purpose of delivering your Goods. Delivery timeframes are indicative only; Candis Creations will not be liable for any loss incurred by you for delays in delivery.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

• anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
• using our Site to defame, harass, threaten, menace or offend any person;
• interfering with any user using our Site;
• tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
• using our Site to send unsolicited email messages; or
• facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

Non-commercial use

Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence from us to do so.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

• copy or use, in whole or in part, any Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
• breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

• they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
• access will be uninterrupted, error-free or free from viruses; or
• our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption toor outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of the Australian Capital Territory. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the Australian Capital Territory and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Candis Creations ABN 56 770 933 91

Email: info@candis.com.au

Phone: 08 8482 7467 (9am – 5pm Monday – Friday)

Last update: 2/2/2022

Website Terms of Use drafted using information provided by LegalVision.com.au