In the context of this website, “we” “our” and “us” means Designer Candy Pty Ltd (trading as Designer Candy) – ABN: of 31 Allied Drive, Tullamarine, VIC 3043 and “you” and “your” means you, the user or customer of this website.

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The use of the term “product” includes the plural “products”.

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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 Designer Candy including email, phone and in person orders as well as all orders placed on this website.

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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.

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Changes to Terms and Conditions

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

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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.

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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. If you wish to provide a colour sample, it is recommended you post us a physical colour swatch or sample for our confectioners to work from. 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.

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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.

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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.

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Product Prices

All prices are in Australian dollars.

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The price displayed for products on this website represents the full price, including GST, for the product itself but does      not include postage/delivery charges which will depend on the destination.

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Designer Candy Pty Ltd reserves the right to change prices on the products displayed on our website at any time without  notice.

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International Sales

For all orders that require international shipping, 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 and some lollipop products are not shipped internationally. Candy in bags and Designer Lollipop Bouquets are able be sent internationally.

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The information on this site is governed by Australian Law.

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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.

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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.

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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.

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Your Account

To purchase from us on this website you can establish an account. We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or to edit content where the account has not been kept in accordance with these terms and conditions.

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

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You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server and only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. We do not store credit card details.

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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 click on “Submit My Order.”

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By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.

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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.

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

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Payment

We accept payment through PayPal Secure Checkout by using a credit card or PayPal account, direct deposit / EFT into our bank account, or payment by phone with Visa or MasterCard. Orders paid for by direct deposit or phone ordering will not be processed until payment has been received.

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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.

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For credit card payments by phone, please contact us ASAP with your Visa or MasterCard details ready. We will email you when your payment has been processed and your order is confirmed.

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

PayPal payments by credit card or with a PayPal account are processed after you click the “Submit My Order” button.

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International credit card payments are accepted via PayPal only. We are unable to process international credit cards by phone.

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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.

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Passing of Property

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

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Delivery charges

Shipping rates vary. Designer Candy Pty Ltd reserves the right to change prices for delivery at any time without prior notice.

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Delivery Times

When you place an order, you are required to supply us with an “Event Date” (the actual date of your event, if any) and a “Date Required” (the date you would like to receive your candy order by). We recommend placing your order in advance and having a “Date Required” which is 2 – 4 weeks prior to your event date.

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For all candy products made to custom order specifications, we require 1 – 3 weeks notice to create and deliver your order, so please take this into consideration when you are deciding when to place your order.

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Orders can be picked up direct from our candy factory in Tullamarine, Melbourne, or they can be delivered Australia wide by Fastway Couriers, or by Australia Post if the delivery location is outside the courier area. All orders will require a signature on delivery. We recommend that your nominated delivery address is one where someone will be present to accept delivery between 9am and 5pm Monday to Friday.

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For orders being shipped by Fastway Couriers, if you may not be home during business hours, we recommend having delivery to your work address. In the event that no one is at the delivery address to sign for the parcel(s), a calling card will be left so that you can arrange another delivery time. When your order is dispatched from our candy factory, you will receive an email from Fastway Couriers with your tracking information.

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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. When your order is dispatched from our candy factory, you will receive an email with your tracking information.

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We will make every effort to have your order delivered by the “Date Required” you have specified. Delivery will normally be either on the “Date required” or in the week leading up to this date. We are unable to specify an exact delivery day or time unfortunately, as Fastway Couriers and Australia Post are unable to guarantee delivery days or times. Once your order has been handed over to Fastway Couriers 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 “Date Required”, you can track your order with Fastway Couriers or Australia Post. If there are any issues, please contact us as soon as possible so that we can look into it for you.

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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 Designer Candy’s sole discretion, you may be required to provide evidence (e.g. a photo) and/or return the goods in question to Designer Candy.

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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 cheque, EFT, or PayPal.

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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 Fastway Couriers 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 shipping price for Fastway Couriers.

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If you instruct Designer Candy to deliver the goods without your signature and give authority to leave, you take full responsibility for the condition of the goods. Designer Candy will not be responsible for the condition of your goods.

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If your order is being sent by Australia Post, we recommend purchasing the optional insurance, up to the value amount of your goods ordered. If you do not purchase the insurance (extra charge on top of the normal shipping price), we are unable to make a claim to Australia Post for the damaged or broken items, and Designer Candy will not be liable for replacing any damaged or broken items.

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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.

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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.

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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.

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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.

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We reserve the right to amend or supplement the information supplied on this website without further notice.

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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.

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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.

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Resolving Your Concerns

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