Terms and Conditions
Thank you for visiting our website. This website is owned and operated by Edward Kwan Pty Ltd ACN 165 027 850 (Edward Kwan) trading as Edward Kwan, Gracie Kwan and Kwan Studio. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.edwardkwan.net/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Edward Kwan Pty Ltd.
1 Collection Notice
We collect personal information about you in order to respond to your enquiry, process your order and for purposes otherwise set out in our Privacy Policy at www.edwardkwan.net/privacy-policy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at zara@kwanstudio.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
2 Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
3 Purchases
3.1 Contract
When you place an order to purchase a product from Edward Kwan, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Edward Kwan Pty Ltd.
3.2 Pricing & availability
Prices are shown in AUD and will be charged in AUD.
Edward Kwan lists products for sale on its website as indicated. Whilst we use our best endeavours to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated below are a guide and are not guaranteed dispatch times and should not be relied upon as such.
3.3 Consent
Edward Kwan assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the involvement of a parent or guardian.
3.4 Payment
Payment is only accepted by means of the credit card types as shown. If you would like to pay via bank transfer, please contact Zara at zara@kwanstudio.com.au. We are unable to process any other payment form.
3.5 Shipping within Australia
Candy box orders are dispatched by 4pm the next business day if your order is placed before 1pm.
Once your order has been dispatched you will receive your order within 1-3 business days Australia wide with free Express postage in an Australia Post satchel. A tracking number will be provided to you upon shipment of your order. Please note that we cannot accept responsibility for missing parcels which have been recorded as ‘successfully delivered’ by Australia Post.
3.6 Returns
Return policy for Gracie Kwan Candy Boxes.
Please contact zara@kwanstudio.com.au before returning any items, within 7 days of receiving it.
You can return any item to Edward Kwan within 7 days of receiving your original order if the item is faulty or the incorrect candy box. We do not accept exchanges or refunds for change of mind purchases. The product must be in new condition and in the original packaging. If the product is ruined, consumed or used the product shall not be refunded.
Please include your contact information, the order number to which your return relates, and whether you would like a refund or to exchange it for another item. If possible, please provide us with a tracking number.
Postage cost to return the product shall be covered by the customer.
We will send you an email as soon as we have received your return in its original condition and either dispatch your replacement product or apply your refund to your original payment type. Please allow up to 7 days for an exchange order to be processed after receipt of the return.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
4 Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
5 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
6 Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
7 Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
8 Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.