Terms & Conditions
Version 3 November 2014
This page (together with our Website Terms and Conditions and our Privacy and Cookies Policy) tells you information about us and the legal terms and conditions ("Terms”) on which we sell any of the products ("Products”) listed on our websites, www.icandyuk.com and www.icandyworld.com("normal") our sites to you.
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred in these Terms. However, before you place your order with us, we will ask you to confirm that you agree to these Terms, by checking the box marked ''I accept the Terms and Conditions of this sale''. If you do not accept these Terms, you will not be able to order any Products from our site.
We strongly recommend that you print a copy of these Terms, or save them to your computer, for future reference.
We amend these Terms from time to time, as set out in clause 8. Every time you wish to order Products from us please check these Terms to ensure you understand the terms which will apply at that time.
If we amend these Terms we will create a new version number for the Terms and also reference when the amendment took place. This information will be detailed at the start of these Terms.
In these Terms we make reference to consumers and business customers. If you wish to seek guidance on whether you are a consumer or a business customer, we recommend you contact your local Citizens Advice Bureau or Trading Standards Office for more information.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.international.icandyworld.com/au/en/. We are TOBIL & CO PTY LTD, Offical Distributor for iCandyWorld Limited, our address is 3 Plane Tree Avenue, Dingley Village Victoria 3172
1.2 To contact us, please see our Contact Us page or contact us in accordance with clause 18.2.
2. OUR PRODUCTS
2.1 The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our sites have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our sites.
2.4 All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITES
Your use of our sites is governed by our Website Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy and Cookies Policy Please take the time to read these, as they include important terms which apply to you.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.2 We know that our Products are often purchased as gifts. Where this is the case, we acknowledge that any queries regarding the Product may be made by the recipient of the gift. If this is the case, please notify us in your order that you are purchasing the Product as a gift and provide details of whom you authorise us to discuss any queries relating to the Product.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our sites as referred to in clause 12.5 we will contact you by e-mail or by telephone to notify you. We will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
8.1.1 changes in how we accept payment from you
8.1.2 changes in relevant laws and regulatory requirements; and
8.1.3 changes in the way we sell our Products.
8.2 Every time you order Products from us, the Terms in force at that time of your order will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will state that these Terms have been amended and the relevant date at the top of this page. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any custom-made products or products made to your specification or clearly personalised.
9.3 You may cancel a Contract from the date of the Dispatch Confirmation, which is when the Contract between you and us is formed. Your deadline for cancelling the Contract then depends on what you have ordered. If your Contract is for:
9.3.1 a single Product (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you receive the Product.
9.3.2 one Product which is delivered in instalments on separate days or multiple Products which are delivered on separate days, the end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our Customer Services telephone line on 03 8555 2431 or e-mail us at email@example.com or send us the model cancellation form (as set out in Schedule 1). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us. If your Product is purchased as a gift, we will accept returns from the gift recipient provided the return is made in the period specified above and you have notified us who the gift recipient is in your order however any refunds will only be made to the credit card or debit card used to pay for the Products.
9.5 If your Product has been dispatched and is not faulty or mis-described, you will receive a refund of the price you paid for the Product together with delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
9.6 We will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. Please note that refunds will only be made to the purchaser of the Products. However please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
9.7 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.8 Any refunds paid will only be made to the credit or debit card used to pay for the Products.
9.9 If the Products were delivered to you:
9.9.1 you must return the Products to us as soon as reasonably practicable, but in any event within 14 days after you notify us you wish to cancel the Contract, and the Products must be returned unused in a saleable condition. If the Products require collection, we will collect the Products from the address to which they were delivered. We may collect them from an alternative address if they were purchased as a gift, at our discretion, but you will need to discuss this with us in advance. We will contact you to arrange a suitable time for collection;
9.9.2 unless the Products are faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.
9.9.3 until the Products are returned to or collected by us, you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products. If the Product is a gift, and we have agreed to collect the Product from the gift recipient you must ensure that the gift recipient takes reasonable care of the Product whilst in their possession.
9.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, the Products will be returned to the local depot of our delivery company and a further attempt will be made to deliver the Products to your address. If we cannot deliver the Products, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 Clauses 10.5 and 10.6 only apply if you are a consumer. If we do not deliver any Products within 30 days of us sending you the Dispatch Confirmation for those Products then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery under clause 10.5 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. INTERNATIONAL DELIVERY
11.1 We currently only deliver to the United Kingdom and the Republic of Ireland.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our sites from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our sites from time to time.
12.5 Our sites contain a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our sites may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1 where the Product's correct price is less than the price stated on our sites, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
12.5.2 if the Product's correct price is higher than the price stated on our sites, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Maestro Domestic, Visa Debit Card, Visa Credit Card, MasterCard Credit, MasterCard Signia/MasterCard World, MasterCard (corporate and commercial card) Visa (corporate and commercial card), JCB, Diners Club/Discover Cards. Payments are processed via Worldpay. All payments must be made by the cardholder or the person making the payment must have the express consent and permission of the cardholder to use the credit card or debit card to make the payment.
13.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14. OUR WARRANTY FOR THE PRODUCTS
14.1 We provide a warranty that on delivery the Products shall be free from material defects. Our Product Warranty is provided in more detail on our sites. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products:
14.2.1 arising from fair wear and tear;
14.2.2 arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
14.2.3 arising from if you fail to operate or use the Products in accordance with the user instruction manual;
14.2.4 arising from any alteration or repair by you or by a third party who is not one of our authorised or approved by us;
14.2.5 arising from any specification provided by you;
14.2.6 if the Product serial number has been removed; or
14.2.7 if your chassis becomes faulty after or during use with a buggy board.
14.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limits or our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4 defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings;
15.3.5 loss of goodwill; or
15.3.6 any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
16.3.5 defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer:
18.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, please contact our Customer Services telephone line on 03 8555 2431 or e-mail us at firstname.lastname@example.org or send us the model cancellation form (as set out above). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
18.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to TOBIL & CO PTY LTD, 3 Plane Tree Avenue, Dingley Village Victoria 3172, or email@example.com. You can always contact us using our Customer Services telephone line 03 8555 2431.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business:
18.4.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
18.4.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our website, immediately.
18.4.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.4.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Model Cancellation Form