Sale Terms and Conditions
These Sale Terms and Conditions form part of the terms and conditions of sale for products ordered through the A Little Light website (the website) or manually by arrangement with A Little Light.
If ordering via the website, you must accept the following terms & conditions in order to confirm your order on the Checkout page. If your order is placed manually, by completing your order after being provided with a copy of these Sale Terms and Conditions, you agree that these Sale Terms and Conditions shall form part of any contract for the supply of goods entered into between you and A Little Light.
1. Seller’s Details
The Seller is A Little Light, whose details are:
A Little Light
PO Box 110
Kingsbury Victoria 3083
Phone: 0402 547 362
Email: joanne@alittlelight.com.au
ABN: 55 075 594 300
2. Ordering goods
2.1. Goods displayed on the website are invitations to treat only and do not constitute an offer to sell by A Little Light. A Little Light reserves the right in its absolute discretion to accept or reject any offer to buy made by you on the basis of any material displayed on the website.
2.2. A Little Light will confirm receipt of your order for goods by email and its acknowledgment of the particulars of your order, including payment details.
2.3. Any description of the goods contained on the website or in any other documents or literature generated by A Little Light is given by way of identification only and the use of such description shall not constitute the description in a contract for the sale of goods by description.
2.4. Any sample of goods provided by A Little Light, whether before or after the acceptance by A Little Light of any order for goods, is provided by way of general example only and shall not constitute the sample in a contract for the sale of goods by sample.
2.5. You acknowledge that variations in the specifications, materials and/or source of goods may occur from time to time and you agree to accept the goods subject to the varied specifications, materials and/or source of goods.
2.6. A Little Light does not accept orders via the website from outside Australia.
2.7. All goods made by A Little Light are for use in Australia only. If you use goods made by A Little Light outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located.
2.8. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia and you purchase goods made by A Little Light for delivery outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
2.9. Any orders made via the website are also subject to A Little Light’s Website Terms and Conditions.
3. Prices and Payment
3.1. A Little Light accepts payment for goods only in $AUD. You agree to pay A Little Light according to the price specified in the confirmation of your order. Alternatively, you agree to pay A Little Light according to the prices listed on the website at the date of delivery of the goods, unless otherwise agreed with A Little Light.
3.2. In addition to the purchase price of goods, you agree to pay all applicable taxes, duties, fees or other Government levies or charges (including, without limitation, any applicable goods and services tax) (collectively “taxes”) which may be imposed in respect of the supply of the goods.
3.3. A Little Light uses PayPal (https://www.paypal.com/au/home) to provide the payment services for goods purchased via the website. For more information on PayPal’s security processes, please visit their website at https://www.paypal.com/au/webapps/mpp/paypal-safety-and-security. You may also pay for goods by direct deposit. A Little Light can provide you with the account details required for direct deposits.
4. Delivery of goods
4.1. A Little Light will have control over selecting the mode of transport and the carrier to all Australian destinations. A Little Light will inform you of the total cost of delivery when your order is confirmed. You are responsible for paying all freight charges, insurance costs and other costs associated with transporting the goods to you.
4.2. A Little Light will arrange delivery of the goods to you at your delivery address specified on your order or as otherwise requested by you (provided that the requested delivery address is within Australia).
5. Title and Risk
5.1. All ownership of, property in and legal title to all tangible property in the goods shall remain with A Little Light until such time as you have paid both the full contract price for the goods and all other debts owing by you to A Little Light at the relevant time.
5.2. The risk of loss or damage to the goods passes to you from the time that the goods are delivered to your nominated address.
Wholesaler-specific clauses
5.3. Until you have paid in full all monies owed by you to A Little Light, you agree to hold, under a fiduciary relationship, the goods as bailee for A Little Light in such a way that they can be traced and identified as having been supplied pursuant to your particular order.
5.4. Where the goods or any part of them are mixed with or become part of other goods produced by or on behalf of you (“other goods”) then, by reason of the fiduciary relationship, you agree with A Little Light that until payment of all amounts due by you to A Little Light are made, A Little Light shall have title to such other goods and you hold the other goods as a bailee for A Little Light.
5.5. Without prejudice to any other rights or remedies available to A Little Light, whether under this Agreement or at law or equity, in the event of non-payment of any or all sums due by you to A Little Light, A Little Light shall:
(a) have the right to suspend performance or terminate any other agreement between A Little Light and you; and
(b) have the right to repossess any goods supplied by it and any documentation, data, records or information relating thereto. For such purposes, A Little Light or any one or more of its agents or authorised representatives shall be entitled at any time without notice to enter upon any premises in which the goods are or are reasonably believed by A Little Light to be kept, stored or used, and to repossess the same on behalf of A Little Light and shall not be responsible for any damage reasonably necessary in enforcing its right.
5.6. The provisions of clause 5 (including sub-clauses) shall apply notwithstanding the provision of any credit by A Little Light to you.
5.7. If any question arises as to the ownership of any goods, the onus shall be on you to prove that, in respect of those goods ownership or title has passed to you. All goods in your possession are deemed owned by A Little Light unless you prove otherwise.
6. Return of goods
6.1. You may return any goods delivered to you PROVIDED that:
(a) the goods delivered are not in accordance with your particular order and these Sale Terms and Conditions; and
(b) the goods are defective; and
(c) any packaging accompanying the goods remains intact and the goods are, in A Little Light’s opinion, in an “as new” condition; and
(d) you notify A Little Light of the reason for the goods being returned.
6.2. You agree to cover the expense and any risk associated with returning the goods. Upon receipt of the returned goods, A Little Light will contact you about your entitlement to a refund (not necessarily the full purchase price) or a replacement (at A Little Light’s discretion).
6.3. Except as expressly provided in these Sale Terms and Conditions, A Little Light is not obliged to accept the return of any goods supplied to you.
7. Limitation of Liability
7.1. Subject to clause 7.3, any representation, warranty, condition, guarantee or undertaking that would be implied in these Sale Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
7.2. Nothing in these Sale Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
7.3. To the fullest extent permitted by law, the liability of A Little Light for a breach of a non-excludable guarantee referred to in clause 7.3 is limited, at A Little Light option, to:
(a) In the case of any goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of any services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the costs of having the services supplied again.
7.4. A Little Light, its employees, agents and contractors will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the goods and services supplied or offered by us.
7.5. Without limiting clause 7.5, A Little Light is not liable under any circumstances for any loss, damage or injury whatsoever or howsoever arising as a result of any incorrect or inappropriate use of any goods.
7.6. The phrase “incorrect or inappropriate use” of goods in clause 7.6 includes doing anything that is contrary to the warnings and disclaimers accompanying the goods delivered and also includes, but is not limited to, the following:
(a) Using an extreme combustion source to light a candle;
(b) Burning candles on a flammable surface;
(c) Burning candles near flammable objects;
(d) Burning candles near objects that retain heat;
(e) Adding oil, fragrant or otherwise, and other foreign substances to a burning candle;
(f) Mixing melted candle wax from different candles;
(g) Allowing children or pets near a lit candle or melted candle wax;
(h) Moving or attempting to move a lit candle or moving or attempting to move a candle holding melted candle wax;
(i) Leaving lit candles or melted candle wax unattended;
(j) Using candles with other products that may not be designed for specific use with those candles (eg, a candelabra, simmering pots);
(k) Using candles for uses other than burning (eg. lighting other candles/cigarettes etc);
(l) Not trimming the wick to the specified length before burning; or
(m) Allowing melted candle wax to drip.
7.7. You agree to fully indemnify and hold A Little Light harmless against all loss, costs and expenses incurred by A Little Light as a direct or indirect result of:
(a) you failing to comply with any of these Sale Terms and Conditions; or
(b) your incorrect or inappropriate use of any goods sold by A Little Light,
including without limitation in respect of this term, debt collection fees and charges and legal costs on a solicitor-client basis incurred by A Little Light whether or not legal proceedings to recover any amount outstanding are issued.
8. Force Majeure
A Little Light is not liable for any failure in the performance of its obligations under these Sale Terms and Conditions by reasons of strikes, riots, fire, explosion, acts of God, war, governmental action, epidemics, storms, floods, shortages of raw materials, accidents or breakdowns of plant or machinery, delays incurred by carriers or any other cause which is beyond the reasonable control of A Little Light.
9. Acceptance
By submitting an order on the Checkout page you agree that these Sale Terms and Conditions in respect of all orders placed by you shall form part of any contract for the supply of goods entered into between you and A Little Light. If your order is placed manually (for example, by email), by completing your order after being provided with a copy of these Sale Terms and Conditions, you agree that these Sale Terms and Conditions shall form part of any contract for the supply of goods entered into between you and A Little Light.
10. Severability
Each provision of these Sale Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.
11. Governing Law
These Sale Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and the Commonwealth of Australia in respect of all matters arising out of or relating to these Sale Terms and Conditions, their performance and subject matter.
Website Terms and Conditions
This document sets out the terms and conditions for your use of the A Little Light website (the website). By using the website, you agree to be bound by these terms and conditions. If you do not agree, please leave the website immediately.
What you may do at www.alittlelight.com.au (the website)
You may browse our catalogue and access information about A Little Light through the website at any time.
Subject to the Sale Terms and Conditions, you may place orders for goods advertised on the website through the online store on the website. Unless expressly arranged with A Little Light, currently, A Little Light delivers to addresses only within Australia.
You may subscribe to our specials notification e-mail service by using the facility provided on the website.
You may display and print any content of this site only if it is for personal, non-commercial use.
Copyright and Intellectual Property
All content on this site, including without limitation, all text, editorial materials, information, photographs, artwork, graphics, logos, icons, images, illustrations and trade marks are the property of A Little Light or its licensors and are protected by Australian copyright, trade mark and other intellectual property laws.
You agree not to modify, adapt, reproduce, retransmit, display, distribute, disseminate, sell, publish, broadcast or circulate any such material to third parties without the express prior written consent of A Little Light.
Except for the above, A Little Light does not grant any licence or right in, or assign all or part of its intellectual property rights in the content, facilities or applications incorporated into the website or in the user interface of the website.
Linking
The website may contain hyperlinks to sites operated by third parties, such as Facebook, Twitter, Instagram and Pinterest. These linked sites are not controlled by A Little Light, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and A Little Light’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk. A Little Light is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe, or in respect of any incorrect link to an external website.
Privacy
A Little Light realises that the protection of your personal information is important. A Little Light will comply with all of its legal obligations in relation to the handling of your personal information, including any applicable obligations under the Privacy Act (1988) (Cth).
Access and communication
Subject to the consumer guarantees provided for in the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), A Little Light does not promise that you will have continuous access to the website.
A Little Light will 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.
A Little Light does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
Whilst A Little Light takes reasonable precautions to protect information transmitted via the website, A Little Light cannot and does not guarantee the security or confidentiality of these communications or the security of the website.
A Little Light does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Disclaimers
A Little Light has used its best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date at the time of publication. A Little Light does not represent or warrant the accuracy or completeness of the Content and is not for any errors, omissions or defects. Depending on the resolution of the screen you use to access the website, the colours of products as displayed on this website may not constitute an accurate depiction of the true colour of the item.
Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on A Little Light that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which A Little Light is able to do so, our liability will be limited to the resupplying of the Content.
Warranties, consumer guarantees and limitation of liability
Subject to the paragraph below, any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the liability of A Little Light for a breach of a non-excludable guarantee referred to in the paragraph above is limited, at A Little Light’s option, to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
A Little Light, its employees, agents and contractors will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the website, the A Little Light Content, all links to or from the website or the goods and services advertised or referred to on the website.
Subject to this section (Warranties, consumer guarantees and limitation of liability), the maximum aggregate liability of A Little Light for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
You agree to fully indemnify and hold A Little Light harmless against all loss, costs and expenses incurred by A Little Light as a direct or indirect result of:
(a) you failing to comply with any of these Website Terms and Conditions;
(b) your use of the website or Content; or
(c) your communication with A Little Light,
including without limitation in respect of these Website Terms and Conditions, debt collection fees and charges and legal costs on a solicitor-client basis incurred by A Little Light whether or not legal proceedings to recover any amount outstanding are issued.
Changes to the website
The website is subject to change at any time without notice and may contain errors.
Applicable law and international use
These Website Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and the Commonwealth of Australia in respect of all matters arising out of or relating to these Website Terms and Conditions, their performance and subject matter.
The website is intended for use by Australian residents only. As this site can be accessed throughout Australia and overseas, A Little Light does not represent that the Content complies with the laws of any country outside Australia or that any offering or content accessible through the website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the website from any location where doing so would be illegal.
Severability
Each provision of these Website Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.
Contacting us
If you have questions about the website or these Website Terms and Conditions, please contact A Little Light by clicking on the “Contact” link at the top of any page on the website, and following the instructions from there.
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