TERMS AND CONDITIONS
This website (“site”) is operated by Zodiaque Moon. Throughout the site, the terms “we”, “us” and “our” refer to Zodiaque Moon. Zodiaque Moon offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referred to in this document and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you must leave our site. You may not access our site or use any service. Making products available for purchase is not an offer. You placing an order on our site is an offer and our acceptance is conditional on you accepting these Terms.
Any new features or tools which are added to the site shall also be subject to the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. A breach or violation of any Shopify terms will result in an immediate termination of our Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years old.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Zodiaque Moon shall own all rights, titles and interests, including all related Intellectual Property Rights (including, but not limited to, visuals, graphics, design, text, logos, idea, illustrations), in and to the content, products and the service and including any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the products. Our Service, content or product on this site may not be exploited, modified, altered, duplicated, resold, replicated or reproduced without our express and written approval.
You must not transmit any worms or viruses or any code or anything that could be deemed of a destructive nature, on our site.
SECTION 2 - GENERAL CONDITIONS
At all times, we retain the unfettered right to refuse service or to sell to anyone, for any reason, without restriction or notice.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
To improve your experience using the site, we may incorporate third party applications embedded into our site. Those applications are owned and operated by third parties and not within our control. You agree that, we do not accept any responsibility or liability for any third-party applications operating embedded in our site.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not attest that the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making your purchasing decisions. Any reliance on the material on this site is at your own risk. Please note that the site may contain historical information, errors and/or inaccuracies. You should contact us to confirm current information.
We reserve the right to modify the information on our site at any time and without notice.
SECTION 4 - MODIFICATIONS TO THE SERVICE, PRICES AND SHIPMENTS
We have the right to modify, suspend or discontinue the Service (or any part or content thereof) at any time and without notice.
Our prices are subject to change without notice.
All prices on this site are in Australian dollars (AUD). For international shipments, additional shipping charges will apply. Your order will be held until additional shipping costs are paid.
If you require bespoke packaging, additional charges will also apply. Additional charges will be quoted on an order by order basis. You must contact us prior to placing an order if you require bespoke packaging.
SECTION 5 - PRODUCTS
Certain products may only be available online through the site. These products may be available in limited quantities and subject to our Return Policy.
We have made every effort to display accurately the available stock quantities, the colours and images of our products. However, we cannot guarantee no variations or stock availability. You accept that the images are for illustration purposes only and subject to variations. You also accept that all orders are accepted subject to stock availability.
We reserve the right to limit the sales of our products to any person, place or country. We may exercise this right broadly or on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
Descriptions of products are merely our attempt to explain a product. They are not independent, or objective. Errors and discrepancies can occur. Descriptions are not a guarantee or an undertaking that a product will meet your expectation or that you will like it. As such descriptions should only be used as a guide.
We have the right at any time to modify, suspend or discontinue any products without notice.
You agree that a condition of purchase and use of any of our products is that you must read, understood, and agree to our customer care conditions prior to using a product. You agree to use any of our products at your own risk. If you do not accept this, do not buy our product[s].
By placing an order, you confirm that: (1) prior to use, you must read and understand the safety information and user recommendations on product packaging and; (2) you accept the Terms on this site. Zodiaque Moon is not responsible for any injuries, damages, and/or loss suffered in connection with the products, packaging, or contents of your purchase from us.
Candles are dangerous, a burns risk and also a fire hazard. Extreme caution must be exercised at all times. Candles must never be left unattended or with within reach of children. Candles must be placed in a clear space that is safe and not a fire risk. Always extinguish a candle before you leave.
We do not accept liability or responsibility for any injuries, damage or loss from the use of our candles including but not limited injuries and damage caused by burns and/or fire. You agree to use our candles, at your own risk.
Our candle products contain oils and other ingredients. Ingredients that have not been tested as being safe for consumption and may also cause allergic reactions. Candles are not for ingestion. If a candle comes into contact with your skin, and an allergic reaction occurs, seek medical advice immediately. We do not accept liability for any allergic reactions caused by the oils, ingredients or soy wax used in our candles.
Our candle products are packaged in glass or ceramic jars. Jars are fragile and breakable. Care must be taken at all times and kept out of reach of children and also store jars safely to avoid breakage. While care is taken to pack the candles safely for transit, breakages can occur. When opening the package please take care to ensure that there are no breakages. We do not accept any liability for damage caused by or injuries sustained from breakage of jars or other packaging that our product arrives in.
Our products contain oils and may stain surfaces and fabrics. Care must be taken to ensure surfaces are protected from any damage and/or staining. We do not accept liability for any stains or damage to surfaces or fabrics.
The wooden sticks used in the Diffuser are unsafe for children and not designed for other uses. Keep out of reach of children, only use in the diffuser and dispose of the sticks safely.
The oils used in our Diffuser are not for consumption. You must take steps to keep it out of reach and ensure the oils are not ingested. Oils may also cause allergic reactions. Caution must be used at all times. You must ensure that you do not use any product where you have a known allergy. If any oil product comes into contact with your skin, wash area immediately and monitor. If a rash appears or the oil is ingested, seek medical advise immediately.
Matches are dangerous, a burns risk and also a fire hazard. Extreme caution must be exercised at all times. Matches must always be placed in a safe place away from reach of children and danger.
To safely light a match, it is important to always strike the match with your dominant hand and hold the striking pad in your non-dominant hand. Strike the match away from your body in a downwards position as the flame ignited will go upwards. Apply a firm pressure when striking, but not too firm as they are made of natural wood after all.
We do not accept any liability or responsibility for any injuries, damage or loss from the use of our matches including burns and/or fire damage. You agree to use our matches at your own risk. If you do not accept this risk, do not buy our products.
Our matches are packaged in glass jars. Glass is fragile and can break or shatter. The glass jars must be stored safely away from harm and away from children. We do not accept any liability for any injuries, loss or damages in connection with the glass jars that the matches are packed in.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to accept or decline your order. A receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may also limit quantities purchased. In the event that we make a change to an order or cancel an order, we will contact you. We do not sell to dealers, resellers or distributors. All orders that are in bulk will be limited.
You must provide current, complete and accurate information for all purchases on our site including your contact details. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you, if needed.
SECTION 7 - DELIVERY
We process and ship orders during weekdays, Monday to Friday (excluding NSW public holidays).
Following our receipt of your order, we will either accept, alter or decline your order. If accepted, we will pack your order, schedule it for shipping and send you an email with a tracking number. Some delays must be expected between our scheduling of shipping and courier collection.
Once the product has been picked up by the shipping company/courier, while an estimated delivery window may become available, we cannot guarantee delivery times given deliveries are done by third party companies and not in our control. Delivery delays should be expected and anticipated when placing an order to avoid disappointment. We do not accept responsibility for late or delayed delivery of any products.
It is imperative that you provide accurate delivery details to us and are available to accept delivery (or provide an address that someone will be available to accept delivery). The products will be delivered using the name, address, telephone details that you provide. We do not accept any responsibility for delivery issues caused by inaccurate details you provide, errors, missing details or no one available to accept delivery.
SECTION 8 – THIRD PARTY APPLICATIONS AND LINKS
We may provide you with access to third-party applications on our site. We may also show third-party links that allow you to access third-party websites. You are not obliged or obligated to access or use the third-party applications or sites. If you do, you agree to do so at your own risk. Care should be taken when accessing any third-party applications or sites. We do not monitor, have any control or input in relation to any third-party applications or third-party sites. Further, always review the terms of the third-party application[s]/ website before you access or use them.
We do not accept any liability, loss or damage suffered in connection with your access or use of any third-party application[s] and/or sites including, but not limited to, damages caused by viruses, misuse of information, fraud etc.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we believe unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. To be clear, however, we take no responsibility and assume no liability for any comments posted by you or any other person, namely content that we have not created.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, obscene, defamatory, offensive or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make on our site and their accuracy.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please visit our privacy policy at https://zodiaquemoon.com/pages/privacy-policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contain errors, inaccuracies or omissions. This can relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Information on the site can be outdated and must be treated as such. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We also reserve the right to cancel orders without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law.
SECTION 12 - PROHIBITED USES
In addition to these Terms, you are prohibited from using the site or its content for the following: (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses above.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be accurate, uninterrupted, timely, secure or error-free.
You agree that from time to time we may suspend or remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, our products and/or service is at your sole risk. The Service and all products delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Zodiaque Moon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Service or product[s] procured from us.
We will not be liable for any other claim related in any way to your use of our Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Service, any content or product, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law or the cost of your order, whichever is lower.
SECTION 14 - INDEMNIFICATION
You agree, without any limitation, to indemnify, defend and hold Zodiaque Moon and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal costs, made by any third-party due to or arising out of your breach of these Terms, use of our product[s] and/or our Service.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms but shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
These Terms are effective unless and until terminated by us, by notifying you.
If in our discretion you fail, or we suspect that you have failed, to comply with any Term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver.
These Terms and any policies or operating rules posted by us on this site or in respect of our Service constitutes the entire agreement and understanding between you and us that govern your use of our Service and purchase of our product. This agreement supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
SECTION 19 - CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our Service following any changes to these Terms constitutes acceptance of any updated terms.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at customercare@zodiaquemoon.com
