Terms of service

Terms & Conditions

In the context of this website, "we" "our" and "us" means Brand Candy Pty Ltd (trading as Brand Candy) -- ABN: 39 624 372 630 of 25 Lime St, Sydney CBD NSW 2000 and "you" and "your" means you, the user or customer of this website.

The use of the term "product" includes the plural "products".

The Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. These Terms and Conditions apply to all orders with Brand Candy including email, phone and in-person orders as well as all orders placed on this website.

If you use this website you agree to be bound to the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale. If you do not agree to the Terms and Conditions, do not use this website. We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your own risk.

Changes to Terms and Conditions

Brand Candy Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.

Changes to Products

We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.

Product Variations

All photos and images on the website are for illustration purposes only. Because of differences in computer monitors, mobile phone screens, picture inks, and printer inks, colours of the actual product may vary from those observed. Colours may also change with each batch of candy product made. Please keep in mind we work with confectionary colouring which is hand mixed by eye and that colours can vary between batches. If a colour sample is provided, we will match the colour as close as possible, but an exact match is not guaranteed. For the best colour matching outcome, please advise your preferred PMS number from the Pantone Colour Chart. Colour samples provided by email will vary with differences in computer monitors and mobile phone screens, and are not ideal for our confectioners to work from.

Also due to the nature of our products and the fact that they are handcrafted, please be aware that the colours, shapes, designs, flavour, and appearance can vary with each batch of candy product made, even though every effort is made to keep the products as uniform as possible. Customised image or logo matches within the candy will be created as close to the image or logo as possible, but an exact match is not guaranteed. All customised images or logos are subject to approval.

We do not accept any liability if these changes occur and we will not accept the return of any goods due to these types of product variations.

Product Prices

All prices are in Australian dollars.

The price displayed for products on this website represents the full price, including GST, for the product itself. Shipping/delivery around Australia is FREE. Shipping to NZ attracts a fixed charge of $120. Brand Candy Pty Ltd reserves the right to change prices on the products displayed on our website at any time without notice.

International Sales

For all orders that require international shipping (apart from NZ), please contact Customer Service to place your order. This website will not allow you to place your order online, due to the fact that not all products on this website are able to be shipped overseas. Glass jars are not shipped internationally. Candy in bags can be sent internationally.

The information on this site is governed by Australian Law.

Age Restrictions

You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under 18. By placing an order with us, you acknowledge that you are over eighteen (18) years of age.

Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or the guardians of the person who placed the order(s) with us.

Contract of Sale

These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.

Your Account

It is your responsibility to provide your exact email address, delivery address, billing address and telephone number. Any incorrect information may lead to a delay in delivering the product ordered by you or non-delivery of the product.

We do not store credit card details.

Placing Your Order

You can place an order by selecting your products and clicking the "Add to Cart" button. Once finished, proceed to "Checkout." Fill in all the required fields, and then pay and submit your order.

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 your Order Confirmation by email.

If we cannot process or accept your order after payment is received we will contact you by email or phone.

Brand Candy Pty Ltd reserves the right to cancel orders at its sole discretion.

Payment

We accept payment through a direct deposit / EFT into our bank account, with Visa, MasterCard or Amex. For direct deposit / EFT bank transfers, please ensure that you include the order / invoice number in the transaction description. We will email you when your payment has been received and your order is confirmed.

Payment processing will not begin until we have received all relevant information required for processing to be completed.

We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Passing of Property

Property in the product passes to you upon receipt of the product by you.

Delivery charges

Brand Candy Pty Ltd reserves the right to change prices for delivery at any time without prior notice.

Delivery Times

When you place an order, you are required to supply us with an "When do you need the candy by?" (the date you would like to receive your candy order by). We recommend placing your order in advance and having a "When do you need the candy by?" which is 2+ weeks prior to your event date.

For all candy products made to custom order specifications, we require at least 3 weeks notice to create and deliver your order, so please take this into consideration when you are deciding when to place your order.

Orders can be delivered Australia wide by local Couriers, or by Australia Post if the delivery location is outside the courier area. We recommend that your nominated delivery address is one where someone will be present to accept delivery between 9am and 5pm Monday to Friday.

For orders being shipped by local Couriers, if you may not be home during business hours, we recommend having delivery to your work address. For orders being shipped by Australia Post, if no one is present to sign for the delivery, a slip will be left in the mail box and your order will be taken to the nearest Post Office for collection.

We will make every effort to have your order delivered by the "When do you need the candy by?" date you have specified. Delivery will normally be either on the "When do you need the candy by?" date or in the week leading up to this date. We are unable to specify an exact delivery day or time unfortunately, as local Couriers and Australia Post are unable to guarantee delivery days or times. Once your order has been handed over to a Courier or Australia Post, there may be circumstances beyond our control which change actual delivery times. In the event that your order hasn't arrived by 5pm on your "When do you need the candy by?" date, you can track your order. If there are any issues, please contact us as soon as possible so that we can look into it for you.

Refund Policy

Please choose carefully as we do not offer replacements or refunds on items unless they were damaged in transit or an error occurred with the order. If there is a problem, you are required to contact us within 48 hours of receiving the goods and we will address the issue promptly to decide if a replacement, if achievable or refund is required. When making a claim you will be required to supply your order/invoice number and describe accurately the problem you have encountered with the products. At Brand Candy's sole discretion, you may be required to provide evidence (e.g. a photo) and/or return the goods in question to Brand Candy.

Due to the handmade nature of our products, please be aware that the colours, shapes, designs, flavour, and appearance can vary with each batch of candy product made, even though every effort is made to keep the products as uniform as possible. We do not accept any liability if these changes occur and we will not accept the return of any goods due to these types of product variations. If there has been an error made with your order which is not due to product variation, or your products delivered differ from your Order Confirmation, we will replace any items with errors where achievable. If this is no longer achievable, a refund will be issued by EFT.

Do not sign with the courier until you have checked all goods are not damaged. If there are any items damaged in transit, send the package back to us and we will replace any damaged or broken items. If you sign, the insurance from a Courier is void, the goods become your responsibility, and we will not be liable for replacing any damaged or broken items. Insurance is already included in the normal order price.

If you do not instruct Brand Candy to deliver the goods with your signature and therefore, give authority to leave, you take full responsibility for the condition of the goods. Brand Candy will not be responsible for the condition of your goods.

Internet Communications

When you visit our website or send emails to us, you are communicating with us electronically. By using the website you and we consent to receiving communications electronically. We will communicate with you by email, by phone or by posting notices on this website. You and we agree that all electronic communications between us of agreements, notices, disclosures or any other information satisfy any legal requirement that such communications be in writing.

The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.

Intellectual Property Rights

Material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this website and its contents including images or create any other material using material on this website, without obtaining our prior written consent.

Limitation of Liability

While we make every effort to ensure that the information contained within this website is complete, accurate and current, we do not guarantee that the information is complete, accurate or current and assume no responsibility for any inaccuracies, typographical 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 further notice.

Links available on this website 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.

Resolving Your Concerns

If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us enquiries@brandcandyshop.com.au and we will make every endeavour to resolve your concerns.