When signing up with any of Troy Candy's membership platforms, you consent to Troy Candy using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time. GENERAL All contracts and dealings between Troy Candy (ABN 511 570 648 32) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Troy Candy’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Troy Candy to the Customer through the website troycandy.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’). By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Troy Candy from time to time.
Troy Candy has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
Access to the Website is permitted on a temporary basis, and Troy Candy reserves the right to withdraw or amend the Services without notice. Troy Candy will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Troy Candy may restrict access to some parts or all of the Website without notice.
- All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Troy Candy.
- The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
- The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Troy Candy. Such consent may be withheld by Troy Candy at its absolute discretion.
- The Customer must not remove any copyright or trademark notices from the content found on the Website.
- Troy Candy makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Troy Candy with respect to the supply of the Goods in accordance with these Terms.
- By placing an Order, the Customer is acknowledging agreement and understanding of all policies, including shipping, return and any other policies that may apply once an Order is placed. It is the responsibility of the Customer to inform themselves of any and all policies before placing an Order.
- All Orders are subject to availability of the Goods and confirmation of the Order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which Troy Candy will not be responsible.
- The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
- In order to contract with Troy Candy the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Troy Candy.
- Troy Candy reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Customer undertakes that all details that are provided to Troy Candy are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- Troy Candy reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 48 hours, your order will be canceled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be canceled and refunded.
- Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. Further, Troy Candy can refuse any amendment or cancellation of an order at any time.
- The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee.
- Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- Troy Candy reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- Troy Candy will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
To enter any competition run by Troy Candy, you must be eligible to make a purchase on the Troy Candy website, as mentioned in these terms and conditions. If competitions are country specific or time sensitive, this will be clearly highlighted via the competition communications. All winners will be contacted via the email address provided, or any other method as stated in the competition terms.
By entering into a competition where your name and/or email address is provided, you are consenting to your name being used via our channels for the sole purpose of announcing you as the winner of the competition.
Troy Candy will make all reasonable attempts to contact the winner, however if no reply is received within 7 business days of contacting the winner, a subsequent winner will be selected and contacted. It is the entrant's responsibility to enter a valid email address or phone number. Prizes won cannot be used for any type of commercial gain, including being sold for a profit, or redeemed for cash. If Troy Candy becomes aware of any activity that breaches these terms and conditions, any non-issued prize(s) will be cancelled immediately and the winner will be disqualified from future entry in competitions run by Troy Candy. Troy Candy is not required to contact the winner to notify them of this cancellation or disqualification, but has the right to contact the winner if it deems necessary.
CANCELLATION, REFUND & EXCHANGE POLICY
- Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Troy Candy. The Customer will, however, be able to return Goods in accordance with Troy Candy's returns policy.
- Troy Candy may accept returns if the Customer requests a return within 14 days from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
- Goods for return must be posted at the Customer’s expense.
- The Customer must include their order confirmation email & completed returns form within their return parcel.
- Any Goods which Troy Candy has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Troy Candy. Further, refunds will not be issued for returned items unless an item is deemed to have a major fault which would make it unfit for its intended purpose.
- Where a returned item has a minor fault, Troy Candy has the right to repair, replace or refund the customer. This is in line with the Australian Consumer Law.
- Due to health reasons, makeup, swimwear, intimates, hair accessories and jewellery cannot be returned unless deemed faulty or wrongly described as defined under the Australian Consumer Law.
- Upon accepting the goods, Troy Candy will issue the customer with an online credit note or cancellation of the Customer's Afterpay payment plan (if payment method was Afterpay). No refunds will be issued.
- Credit notes and e-vouchers are valid for a period of 12 months from the date of issue and cannot be extended beyond this period, however Troy Candy has the right to extend the redemption period associated with a credit note or e-voucher if a request to do so is received prior to the date of expiry and a reasonable request is provided by the Customer.
- Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note.
DAMAGED & FAULTY GOODS
- All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
- If the Customer discovers that a Good is faulty or damaged, the Customer must notify Troy Candy within 30 days of purchase by contacting Troy Candy via the process outlined on the Returns page online.
- If Troy Candy inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair (for a minor fault) or a refund, repair or replacement (for a major fault). The Australian Consumer Law Guarantees outline the difference between the two. See here for more information.
- Troy Candy will cover the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
- Customers are liable for any delivery costs if the Good is found not to be faulty.
- Any period or date for delivery of Goods stated by Troy Candy is intended as an estimate only and is not a contractual commitment. Troy Candy will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
- Troy Candy reserves the right to amend delivery methods without notice.
DELIVERY - AUSTRALIA
- All deliveries of Goods purchased by the Customer will be made by registered courier (Australia Post) and are delivered with authority to leave (‘ATL’) without requiring a signature when no one is in attendance at the delivery address.
- If the Customer believes their nominated delivery address will be unattended at the time of delivery, Troy Candy suggests nominating an address that the Customer knows will be attended during regular business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Australia Post) or a card will be left with details as to where the Customer can collect the Goods. At this time the Goods will be deemed delivered (‘Successful Delivery’).
- Troy Candy will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and Troy Candy will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
- Troy Candy will use reasonable endeavours to dispatch all Orders received on the next business day. Estimated delivery time depends on the Customer’s location. Shipping times on the shipping information page are to be taken as an estimate only.
- Delivery of Orders placed on a weekend or public holiday will not be processed until the following 1-2 business days.
- Troy Candy does not deliver Orders to Post Office boxes or Parcel Lockers.
DELIVERY - INTERNATIONAL
- International deliveries will be made by Australia Post
- Estimated delivery time for international orders varies depending on location.
- In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact Troy Candy.
- International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Troy Candy has no control over the import fee charged and will not be responsible for the payment of any duties or taxes.
- In accordance with Australian export regulations, customs require Troy Candy to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
- Where taxes and duties are refused to be paid by a Customer or where a parcel is left unclaimed and a parcel is subsequently returned to Troy Candy, the Order will be credited (less any shipping costs paid) if a successful delivery is made to Troy Candy and the customer will be blocked from placing any subsequent orders on the Troy Candy website. Refunds will not be issued under any circumstances for unclaimed or refused duties returns.
A Pre-Order is the term used when a Good is currently unavailable for immediate shipment and is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items that are not able to be cancelled once placed.
LIMITATION OF LIABILITY & INDEMNITY
- The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Troy Candy makes no warranties or other representations in relation to the supply of Goods. Troy Candy's liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Troy Candy, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
- Troy Candy does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
- Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Troy Candy against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Troy Candy retakes possession of the Goods in accordance with clause 9.
- Troy Candy will not be responsible for the overconsumption of alcohol while using any of our products, including Candy Snorkel and Candy Snorkel Plus. Any person consuming alcohol using our products does so at their own risk. It is up to the user to ensure that they drink responsibly.
- Troy Candy prohibits the use of the Candy Snorkel or Candy Snorkel Plus for underage drinking. We are not responsible for the consumption of alcohol using our products by someone who is underage.
- Troy Candy will not be responsible for any damages in connection with the overconsumption of alcohol or any other substance using our products. This includes, but is not limited to, damage to property, engagement in illegal activities or damage to self.
- Troy Candy advises that Candy Snorkel and Candy Snorkel Plus may contain small parts and are not suitable for children. You must be aged 18 years and older to purchase the Candy Snorkel and Candy Snorkel Plus.
LINKING TO THIS WEBSITE
- The Website may provide links to websites and access to content from third parties, including users and affiliates of Troy Candy.
- The Customer agrees that Troy Candy is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
- To the fullest extent permitted by law in no way will Troy Candy, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
- The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
- The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
- Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
If the performance of Troy Candy's obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Troy Candy, Troy Candy will not be liable for any loss or damage suffered by the Customer or any other person and Troy Candy will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW & JURISDICTION
These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
- The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
- The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.