Luna Candle Co – Terms and Conditions 

1. Terms of Use 

1.1 The website at the URL www.lunacandleco.com.au (Website) is owned and operated by Rebecca Cosentino trading as Luna Candle Co ABN 37 075 401 336 (Luna Candle Co, we, our, us).   

1.2 Your use of the Website and purchase of our goods is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.  

1.3 These terms and conditions are in addition to any other agreement you may enter into with Luna Candle Co and shall continue to be binding on you notwithstanding any other such agreement you may enter into. 

2. Intellectual Property 

2.2 All information, text, material, graphics, software and photographs on the Website (materials) are copyright Rebecca Cosentino, her suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.   

2.3 You must not modify, copy, reproduce, republish, frame, upload to a third party site/platform, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website, or expressly authorised in writing by Luna Candle Co.  

2.4 You must not use our trade marks (whether registered or unregistered), logos or other materials for any purpose without the prior written consent of Luna Candle Co.   

3. Use 

3.1 You agree to use the Website to peruse and purchase the goods sold by us, including all features and functionalities of the Website, in accordance with all applicable laws, rules and regulations. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these terms and conditions) the content on our Website, including images and details of the goods sold by us.  

3.2 You also agree not to, and not to seek to:  

a) circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in the Website;  

b) use any robot, spider, scraper or other automated means to access the Website;  

c) insert any code or product or manipulate the content of the Website in any way; or  

d)use any data mining, data gathering or extraction method on or in relation to the Website.  

3.3 You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website in any form, including any software viruses or any other computer code, files or programs.  

3.4 The Website may not be used and accessed by underage users without parental/guardian permission. In the event that a user is underage, consent for the user to access the Website and purchase our goods must be provided by the user’s parent or guardian. You warrant that any use of the Website by an underage user will be with the consent and supervision of a parent or guardian of that user.    

4. Payment 

4.1 Upon selecting one or more of our goods to purchase, you will be directed to the payment gateway to provide a valid payment method such as a credit card, Squarespace or such other method as authorised from time to time (Payment Method). All information provided during the registration process including personal information and information in relation to the Payment Method will be treated in accordance with the privacy policy of the Payment Method.  

4.2 From time to time, and at our absolute discretion, we may sell certain goods on our Website for a discounted price. Unless otherwise specified on our Website at the time of any discount, your use of the Website and purchase of goods that are on sale are subject to these same terms and conditions.  

5. Refund or Replacement 

If you purchase goods from Luna Candle Co, you may request a refund or replacement of the goods and services purchased in the event that the goods are faulty or defective (subject to visual confirmation of the fault or defect) and otherwise in accordance with the Australian Consumer Law.  

5.1 A refund or replacement of goods purchased by you must be requested in writing to info@lunacandleco.net within three (3) business days of the goods being delivered to you. The refund or replacement request must include the following information: 

a) order number;

b) details of the fault or defect; 

c) images displaying the fault or defect; and 

d) your preference to receive either a full refund or a replacement of the faulty or defective goods. 

5.2 In order to receive a refund or replacement of goods, the goods must also be shipped by back to our head office unless we advise otherwise. A refund or replacement will only be issued upon receipt and inspection of the goods by us. We are not liable for any goods that are shipped by you and not received by us. Accordingly, we recommend that you consider a trackable shipping service when shipping goods back to us.    

5.3 Subject to us being satisfied that the fault or defect to the goods was not a result of your negligence, we will arrange for a full refund or replacement of the goods as requested by you.  

5.4 If we are unable to deliver the goods purchased by you for any reason (including any replacement goods) we will notify you in writing and provide a full refund for such goods within two (2) business days of providing you with written notice.  

5.5 We do not provide refunds in circumstances where you change your mind.  

6. Dispatch and Shipping 

6.1 We attempt to dispatch goods purchased on our Website within 7-10 business days after the order has been placed.  

6.2 Your order will be delivered to the delivery address nominated by you when you place an order to purchase our goods.  

6.3 You are responsible for ensuring that the delivery address provided by you is correct. If the delivery address provided by you is incorrect, we are not obligated to resend the ordered goods to the correct address at our expense.  

6.4 Luna Candle Co ships goods within Australia only through Australia Post or Sendle services.  

6.5 Delivery costs vary depending on whether your order is a standard order or large order and will be shown at checkout. For standard orders, purchased goods will be shipped within Australia at a flat rate of $15.00 per order. For large orders, purchased goods will be shipped within Australia at a rate quoted at checkout. 

6.6 The cost of shipping will be included in the final price of the order and you will be notified of the final cost prior to making payment for the goods.  

6.7 Luna Candle Co tries to dispatch and ship orders as quickly as possible, however we are not responsible for any delays that may occur once we have dispatched the order.  

6.8 In the event that we do not have the product ordered by you in stock, you will be issued with a full refund in accordance with clause 5.4 above.  

7. Disclaimers and Limitation of Liability 

7.1 To the fullest extent permitted by law: 

a) all information and materials on the Website is provided “as is” and without warranty of any kind, express or implied; 

b) all implied warranties as to merchantability and fitness for a particular use or purpose are excluded; 

c) we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on Website; 

d) we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and 

e) we make no warranties that files and/or data available for downloading from the Website, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties. 

7.2 Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited to the following: 

a) In the case of goods supplied by us: 

(i)  the replacement of the goods or the supply of equivalent goods; or 

(ii)  the payment of the cost of replacing the goods or the supply of equivalent goods. 

7.3 Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any content or other materials contained on the Website. 

8. Access and communication 

8.1 Luna Candle Co 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.  

8.2 Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.   

8.3 Luna Candle Co provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Luna Candle Co from all applicable liability and responsibility. 

9. Indemnity 

You agree to fully indemnify and hold harmless Luna Candle Co, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following: 

a) any breach of these terms and conditions by you; 

b) your access or use of the Website; or 

c) your access or use of the goods sold by us.  

10. Links 

10.1 Access to any website which may be reached by the hyperlinks on this Website (linked site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the linked site. 

10.2 Accessing a linked site from this Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Luna Candle Co as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the linked site. Luna Candle Co will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a linked site. 

10.3 The ability to access a linked site does not: 

a) constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or 

b) imply any connection, sponsorship or affiliation between the linked site and this Website or Luna Candle Co. 

11. Variation and Termination 

11.1 These terms and conditions shall continue to have full force and effect until varied or terminated by Luna Candle Co.  Luna Candle Co reserves the right to terminate your access to the Website at any time for any reason.  The terms and conditions relating to intellectual property, your licences to Luna Candle Co (if any), the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement. 

11.2 Luna Candle Co reserves the right to vary these terms and conditions at any time by posting new or varied terms and conditions on the Website. You are responsible for reviewing any new or updated terms and conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated terms and conditions.  

12. General 

12.1 All references in these terms and conditions to “Luna Candle Co” include its employees, contractors, directors, officers, servants, agents and related entities. 

12.2 The agreement constituted by these terms and conditions is governed by the laws of the State of Victoria, Australia.  You irrevocably submit to the jurisdiction of the courts of that State.   

12.3 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect. 

12.4 Our waiver of a breach by you of these terms and conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these terms and conditions. 

12.5 If you have any questions regarding the Website or these terms and conditions you may contact us at: 

Email: info@lunacandleco.net