Terms of service
Welcome to Candy Co (We, Us, Our).
The information provided below is for general information purposes only and is provided by Candy Co Limited. While we endeavour to keep the information contained on this page current and correct, we make no representations or warranties of any kind (express or implied) about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or as supplied to you, for any purpose. Any reliance you place on such information is therefore done at your own risk. We suggest and encourage that you make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be held liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Sites or your interaction with us.
During your engagement with us, you may be directed or presented with a link to other websites or entities that are not under our control. Please note that we have no control over the nature, content and availability of those websites or related entities. Our inclusion of any such links does not necessarily imply a recommendation or endorse the views expressed within them.
Use of Site
You may access, download, and use material contained on our Site for use only in accordance with these Terms. You may not make derivative works, distribute, modify, or otherwise use our content for any purpose without prior written permission from Candy Co.
Our Site and its content may at sometimes be interrupted or disrupted. We do not guarantee that the Site will always be available for use and as such access is allowed on a temporary basis. All or part of the Site may be suspended or discontinued without prior notice, and we are not liable should the site become unavailable for any period. In using our Site, you agree not to use the Site for any purpose that is unlawful and prohibited by these Terms or any other applicable laws. Candy Co reserves the right to suspend or terminate your access to our Site if it is believed that your use is or may be unlawful.
If you consider any of the goods that you have received from us are damaged, defective, or otherwise do not comply with any guarantees in the Consumer Guarantees Act 1993, you can notify us, and we will investigate the issue and notify you of the outcome within 7 working days. If your refund is approved, it will be processed within 7 workings days from confirmation that you are entitled to a refund.
If you would like to request a refund for another reason, please contact us at email@example.com. We will consider each request at our own discretion. Candy Co is not obliged to refund any payments made through our Site for a change of mind. As the customer you will be responsible for paying the courier fees to send any product back to us. We notify you within 7 working days if your refund request is successful. The refund will be processed within 14 working days of being notified of the refund request being accepted.
In the case of a refund, we will refund any money received from you using the same method you originally used to pay for your purchase.
Please take care when specifying your delivery address, as refunds will not be issued if you have entered any details incorrectly.
For more information, please visit our refund policy: https://candyco.co.nz/policies/refund-policy.
You may either create your own account to purchase our goods and services or check out as a guest. Once you register with us you will be provided with a login and user. By creating an account with us, you agree that you are responsible for maintaining the confidentiality of your own account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
To uphold your security, we may review our security procedure from time to time and we may need you to provide additional information as part of our security procedure. You should not share your login or details to any other person and your account with us may be disabled if you do so.
We reserve the right to refuse service, shut down accounts, terminate your rights to use our services, remove or edit content, or cancel orders at our sole discretion.
Please inform us as soon as possible if any other persons knows or you suspect that they know your security details.
The entire contents of this Site are the intellectual property of Candy Co and are subject to copyright with all rights reserved. All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of us, our licensors and the providers of any other products and services accessible on the Site. Sections of the Site and information contained on the Site may (in whole or in part) be downloaded and printed for your personal use, provided that the information is not modified. You must not copy, reproduce, store, distribute, publish, or transmit any information from this Site for any commercial purpose without our prior written consent. The Site includes logos, service marks, and brand identities (Marks) that are the property of Candy Co and our suppliers. We do not grant any licence or right to use any of these Marks without our prior written permission.
This Site is designed to enable our customers to easily purchase our products for personal or workplace office consumption. Unless otherwise agreed, you may not purchase product through our site for the purpose of resale. If we reasonably suspect that you are doing so, we may terminate your access to the site, or we may refuse to fulfil any order you place through our Site.
We offer a wholesale B2B service. For more information, please follow this link: https://wholesale.candyco.co.nz
Parts of this Site offer an opportunity for users to post and exchange opinions and information in certain areas of the Site. We do not filter, edit, publish, or review comments prior to their presence on the Site. Comments do not reflect the views and opinions of Candy Co, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, we shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this Site.
We reserve the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms.
You warrant and represent that:
- You are entitled to post comments on our Site and have all necessary licenses and consents to do so;
- The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
- The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful
You hereby grant Candy Co a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Site and the use of this Site. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the Site and the information and services on the Site are provided free of charge, we will not be liable for any loss or damage of any nature.
These Terms and any separate agreements whereby we provide you goods and services shall be governed by and construed in accordance with the laws of New Zealand.
Unless otherwise specified, the prices of products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.
Product availability, range, specials, and quality
Prices for our products are subject to change from time to time. We reserve the right at any time to modify or discontinue any product or service (or any part thereof). All descriptions of products and services are subject to change at any time.
We will do what we reasonably can to fulfil orders placed on the Site, but we will not be liable to any person if we are unable to, or decline, to supply a product for whatever reason.
Products on special or promotion are subject to availability while stocks last. We reserve the right to limit the sales or quantities of our products and services to any person at our sole discretion.
If a product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), we will, at your request, refund the value of the relevant product to you (as at the date on which the product was originally ordered.
By holding an account with us, you agree to provide us with current, complete, and accurate information for all purchases you make with us. You agree that it is your responsibility to promptly update your account and other information, including your email address and payment methods, should they change so we can complete your transactions and contact you as need be.
Please see our shipping policy for more information on delivery of orders, shipping costs and options: https://candyco.co.nz/policies/shipping-policy
Warranties and Limitation of Our Liability
We exclude all conditions, warranties, representations, or other terms which may apply to our Site or any of the content on it whether express or implied. We refute all responsibility for any loss, claim, liability, damage, or injury, whether in tort (such as negligence), breach of statutory duty or otherwise, arising from or in any way related to the use of our Site or services, the inability to use our Site, any errors, omissions or inaccuracies on the Site or reliance on any content included in our Site. We are not liable for any loss or damage to your computer equipment, devices, computer programs, data or other proprietary material that is caused by a virus or other technologically harmful material during your course of using our Site or downloading any content from it or on any website linked to it.
The inclusion of any links to another website on our Site does not constitute our endorsement of that site. We take no responsibility for what is included on third party websites that are linked on our Site and are therefore not liable for any loss or damage that may arise from your use of them. If you choose to view a third-party website, you do so at your own risk.
You agree to hold Candy Co harmless, and to defend and indemnify us against any claims you make or third parties that are related to loss of profit, loss of business, saving, general special and consequential damages, costs or expenses including legal fees, arising from your use of our Site and services; including but not limited to: breach of these terms or your inability to fulfil a transaction. For clarity, your indemnity covers all losses, damages, or expenses (including legal costs) that we may suffer or incur.
While we take all practicable steps to ensure that our Site it secure and free from buys or viruses, this is not something we can guarantee. Any attempt to gain unauthorised access to our Site, server, data, or data base through the use of viruses, trojans, worms, logic bombs or other malicious or technologically harmful materials is strictly prohibited.
If you experience any issues and would like to raise your concerns with us, please get in touch with us.
While it is our preference and hope that we can resolve disputes informally and amicably, any disputes arising from the use of this Site shall be governed by New Zealand laws.
We make no representation or warranty of any kind, express or implied, as to the operation of the Site or the accuracy of information, content, materials or products included on the Site, except as otherwise provided under applicable New Zealand law, including any provisions in the Consumer Guarantees Act 1993 ("CGA") and Fair Trading Act 1986 (“FTA”).
Consumer Guarantees Act:
You acknowledge and agree that:
where the products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the products by Candy Co; and
nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
Termination By us
- We may terminate, suspend, discontinue or change the Site or the services we provide through it, or any aspect of the Site or services, at any time. We do not represent or warrant that any mobile application will continue to be maintained by us or have any particular functionality or
- Without limiting any of our other rights and remedies at law, we may suspend, disable, terminate or limit your access to, and use of, the Site and/or a service at any time and at our sole discretion without notice. Grounds for doing so include (but are not limited to):i) any abuse or attempted abuse or any inappropriate use of the Site or any service associated with us
- an act or omission contrary to these Terms
- any reasonable suspicion of unacceptable conduct in connection with the Site and/or any service, including any reasonable suspicion of dishonesty, fraud, theft, wrongful conduct or
- tampering of the Site and/or service; or
- any other grounds specified in these
- Your participation, access to and use of the Site will immediately terminate if your Candy Co account is terminated for any reason
You may stop using the Site and any service we provide at any time and for any reason by removing any links from your device.
If the performance by Candy Co of its obligations under these Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Candy Co) Candy Co shall be excused from such performance to the extent of such prevention.
Failure on the part of Candy Co to enforce any of these Terms shall not be construed as a waiver or as a waiver of Candy Co’s right to enforce these Terms at a later date.