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General Terms & Conditions
In these terms and conditions, the terms “we”, “us” or “our” refers to The Witches Charm (ABN: 46607035275) and the owner of www.thewitchescharm.com.au
In these terms and conditions:
"Business Day" means a day which is not a Saturday, Sunday, or public holiday anywhere in Australia;
"Order" means the using of our Website to purchase a good
”Website” means www.thewitchescharm.com.au
“you”, “your” and “yourself” means the end user of the website
ACCEPTANCE OF TERMS AND CONDITIONS
Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (‘Terms and Conditions’). Your use of the website constitutes your agreement to the Terms and Condition.
Nothing in these Terms and Conditions affects your statutory rights under the Australian Consumer Law (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
CHANGES TO TERMS AND CONDITIONS
We reserve the right to amend the Terms and Conditions at any time and without notice to you. . Any amendments will be effective immediately upon publishing on this website. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.
CAPACITY
The products on the website are only available for sale to individuals who can make legally binding contracts.
ORDERS & CONTRACT FORMATION
When placing an order in the manner described in the website, you are offering to purchase the product(s) in the order for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions.
Your contract with us is only formed when we dispatch your order and when we email your shipping confirmation. Our automated order confirmation does not constitute our acceptance of your order, it is merely a confirmation that we have been notified of your offer to purchase the product(s) on order.
Prior to the Shipping confirmation, we reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
You warrant that all details you provide to us for in the ordering process is correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to perform validation and security check of your payment details before dispatching your order.
PRICES
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
GOODS AND SERVICES TAX (‘GST’) AND OTHER AUSTRALIAN TAXES
Prices displayed on this website are inclusive of the Australian GST applied at the rate of 10%. They exclude all foreign taxes, VATs and customs and excise duties.
We will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
REFUNDS & RETURNS
Without limiting your statutory rights under the Australian Consumer Law (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality), the circumstance in which we are obliged to make a refund or return is detailed in our Returns Policy.
DELIVERY
We do not accept responsibility for lost orders as a result of a third party's negligence or otherwise, so far as we can provide proof of shipment. If your order is missing, please email us immediately .
LIMITATION OF LIABILITY
We will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:
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if the breach relates to goods:
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the replacement of the goods or supply of equivalent goods;
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the repair of such goods;
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the payment of the cost of replacing the goods or of acquiring equivalent goods; or
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the payment of the cost of having the goods repaired; and
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if the breach to relates to services:
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the supplying of the services again; or
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the payment of the cost of having the services supplied again.
INTELLECTUAL PROPERTY
All content on this website, including but not limited to text, graphics, logos, icons, sound recordings and software is owned or licensed by us and will be subject to and protected by the Copyright Act 1968 (Cth) and intellectual property laws in your location. You are not permitted to publish, manipulate, print, distribute or otherwise reproduce for any commercial or business purposes whatsoever without our written permission.