Terms of service

Overview

Welcome to Candles of Magic (“we”, “us”, “our”). These Terms of Service (“Terms”), together with any policies referenced here, govern your access to and use of our website, store, and related services (the “Services”).

By visiting, browsing, or purchasing from our store, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

Our store is hosted on Shopify Inc. (“Shopify”), which provides the e-commerce platform that allows us to sell products and services to you.

1. Access and account

By using the Services, you represent that you are at least the age of majority in your place of residence, or that you have obtained the necessary consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

You may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.

2. Products and information

We aim to present our products as accurately as possible. However, colours and appearance may vary depending on your device, screen settings, and lighting conditions.

Product descriptions, availability, and pricing may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. An order is not accepted until we confirm acceptance and process payment.

Please review your order carefully before submitting. If an order has been accepted, we may be unable to accommodate cancellation requests. If we cancel or change an order, we will attempt to notify you using the contact details provided.

Returns and refunds are handled in accordance with our Return & Refund Policy.

You represent and warrant that purchases are for your personal or household use and not for commercial resale or export.

4. Prices and billing

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time the order is placed, as shown in your order confirmation.

Unless stated otherwise, prices do not include taxes, customs duties, import charges, or other fees that may apply based on your location.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services, and to promptly update your details so we can complete transactions and contact you as needed.

5. Shipping and delivery

Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

To the extent permitted by law, title and risk of loss pass to you when products are transferred to the carrier.

6. Intellectual property

The Services and all content made available through them (including text, graphics, logos, images, audio, video, and design) are owned by or licensed to Candles of Magic and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent, except as permitted by law.

“Candles of Magic” and related names, logos, product and service names, designs, and slogans are trademarks of Candles of Magic or its licensors. Shopify and Shopify-related marks are trademarks of Shopify.

7. Optional tools

We may provide access to third-party tools as part of the Services. These tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind, and without endorsement. Your use of any optional tools is at your own risk.

8. Third-party links

The Services may include links to third-party websites or functionality. We are not responsible for the content, accuracy, or practices of third parties. If you leave our Services to access third-party sites, you do so at your own risk.

9. Relationship with Shopify

[This section describes Shopify’s relationship with our store and should not be removed or modified.]

Our store is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make in our store are made directly with Candles of Magic. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Candles of Magic, including any injury, damage, or loss resulting from purchased products.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Candles of Magic.

10. Privacy

Our collection and use of personal information is governed by our Privacy Policy. Shopify may also collect and process information in order to provide and improve the Services. Information may be transferred to and processed in countries other than your own.

11. Feedback and reviews

If you submit reviews, comments, ideas, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

You represent and warrant that you own or have the necessary rights to any Feedback you submit and that it does not violate any third-party rights or applicable laws.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates these Terms.

12. Errors, inaccuracies, and omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct such issues and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

13. Prohibited uses

You agree to use the Services for lawful purposes only. You must not use the Services to:

violate any applicable law or regulation;
infringe our intellectual property rights or the rights of others;
harass, abuse, insult, harm, defame, slander, or intimidate others;
submit false or misleading information;
upload or transmit viruses or malicious code;
spam, phish, scrape, crawl, or interfere with security features of the Services;
impersonate any person or entity, or misrepresent your affiliation;
engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine you have violated these Terms.

14. Termination

We may terminate or suspend your access to the Services (or any part of them) at any time, without notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will survive, including (without limitation) Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy.

15. Disclaimer of warranties

The Services and all products offered through the Services are provided on an “as is” and “as available” basis, except as expressly stated by Candles of Magic. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations on implied warranties, so parts of this section may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law, Candles of Magic (including our directors, officers, employees, affiliates, agents, contractors, service providers, and licensors) and Shopify and its affiliates will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products purchased through the Services.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by applicable law that cannot be excluded, restricted, or modified.

17. Indemnification

You agree to indemnify, defend, and hold harmless Candles of Magic, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of any law, or your misuse of the Services.

18. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remainder will remain valid and enforceable.

19. Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms and any policies posted on the site constitute the entire agreement between you and Candles of Magic relating to your use of the Services.

20. Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms at any time without notice.

21. Governing law

These Terms and any disputes arising out of or relating to the Services will be governed by the laws of Victoria, Australia. You agree that the courts of Victoria, Australia will have non-exclusive jurisdiction.

22. Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

23. Changes to these Terms

We may update these Terms from time to time by posting an updated version on this page. It is your responsibility to check for changes. Where required by law, we will provide notice of material changes. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.