Poni Studio

Welcome to Hueseeka 28 Degrees Trading Pty Ltd ("Hueseeka") provides access to the Hueseeka website (the "website") and sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these Terms and Conditions

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. This website may include inaccuracies or typographical errors. Hueseeka and any other persons involved in the management of this website may make changes in the products and prices described in this website, and to the content of this website, at any time without notice. Hueseeka shall not be responsible for any detrimental 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.

Unless otherwise agreed to in writing by Hueseeka, the contents of this website and all goods that may be provided in any connection with this website are provided "as is", and are for consumer end use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed, except to the jurisdiction. Except as otherwise expressly agreed, Hueseeka makes no representations, warranties, covenants or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the contents of this website, or any goods that may be provided or sold in any connection with this website. Any representations, warranties or covenants with respect to any goods referred to in this website shall be subject to, governed by, and as stated in the applicable contract governing the provision of same.

In connection with your viewing and use of this website, except for any commercial transactions that may be undertaken in connection with this website, Hueseeka shall not be liable for any damages, harm, liability, loss, cost, expense, or injury suffered in any connection with this website whatsoever, including as a result of using, accessing, copying, or downloading any part of this website's content. In no event shall Hueseeka be liable for any direct, indirect, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach of contract, or in tort, negligence, equity, or otherwise even if Hueseeka has been previously advised of the possibility of such damage.

You agree to have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against Hueseeka for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of this website.

You agree to hold Hueseeka absolutely harmless from, and you covenant not to take any action against Hueseeka for, any claims based on using this website.

Ordering

Only order Products in accordance with the instructions on this website; and
Pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card or PayPal Account.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
All Transactions will be charged by "28 Degrees Trading Pty Ltd" or “Hueseeka”.

Pricing

The price for the Products will be:
- the price in Australian dollars including Australian GST; and
- the costs associated with additional services and delivering the Products to you,
- as quoted on the Site at the time of placing your order.

Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the abovementioned costs.
We may alter the prices of the Products at any time without notice.

Tax

Payment must be effected in the manner described on the website. Prices are inclusive of Goods and Services Tax.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Hueseeka reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Promotions and Offers

All promotions and offers are exclusive to hueseeka.com.au unless otherwise stated.  Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and we reserves the right to revoke promotions and offers at any time and for any reason without notice.
We reserves the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.
Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty. During sale periods promotional discounts don't apply to items on backorder. This means that if an item is currently out of stock but can still be ordered, the promotional sale price is not applicable to that particular item.

By submitting our Newsletter form, creating an account with Hueseeka and signing up for texts you consent to receive marketing text messages (e.g. promos, cart reminders) from Hueseeka at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). We may periodically send promotional emails and SMS about new products, special offers or other information which we think you may find interesting using the email address and mobile number which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

If you believe that any information we are holding on you is incorrect or incomplete, please contact us soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Mobile Terms of Service

Hueseeka
Last updated: March 28, 2023

The Hueseeka mobile message service (the "Service") is operated by Hueseeka (“Hueseeka”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Hueseeka’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Hueseeka through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hueseeka. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to HUESEEKA or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hueseeka mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to HUESEEKA or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

International Orders

We do not currently ship online orders outside of Australia & New Zealand, however if in future we offer this service, the below terms apply.
You are liable for the payment of any local country import duty, customs or sales taxes levied on the Products purchased.
All international orders will be converted into your local currency at the rate applied by your credit card company.
No GST will be charged on sales of goods dispatched outside of Australia and New Zealand.
Credit card transactions are processed in Australia. Some banks may charge an overseas transaction fee and or/foreign currency exchange fee for purchase made outside of Australia.

Delivery

We will deliver the Products to the premises nominated in your order at your cost (at the rate specified herein), within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the Products to you by that date. We will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.
We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.

Title and Risk

We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.

Limitation of Our Liability

To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.
We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:

the replacement of the Products; or
the supply of equivalent Products; or
making a full refund to you.
Where you resupply the Products in trade:

to a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions and warranties in connection with the sale of any Products are excluded; and
you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval.

Return of Products

1. General

We offer refunds and replacements in accordance with Australian Consumer Law.
Before making a purchase, please carefully read this policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
We shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.

2. Cancellations

We will refund your order if it has been cancelled before your order has left our warehouse.

If your order has already been dispatched, you will need to return the order as a change of mind.

3. Change Of Mind

Change of mind means that you have received your order and you have received the correct products according to your order, but you have changed your mind and wish to return them. Or you failed to cancel your order prior to it being dispatched from our warehouse.
Please note, we do not issue refunds on non-faulty items, only a store credit will be provided once your return item/s is/are received back at our warehouse in original packaging and without damage. Damaged items will not be eligible for a store credit.
Change of mind returns are accepted, provided you have contacted us within 14 days of receiving your order to arrange a return. If this time frame has passed since receiving your purchase, unfortunately, we cannot offer you store credit in exchange for your items.
Return shipping is at your expense

4. Products Damaged During Delivery

If the product you ordered has been damaged during delivery:

Please contact us within 14 days of receiving your order.
Please provide photos of all damaged item/s along with your order number.
We will use our discretion to arrange either a replacement of an equivalent product or a refund, providing that you have contacted us within 14 days from the date of receiving the product.

5. Sales, Promotions and Discount Codes 

If you applied a coupon, or discount on the order you are returning, or purchased an item on sale, you’ll be credited the amount you paid after the discounts were applied. 
 
6. Hueseeka Loyalty Program

Points:  
When returning an order that you earned Hueseeka Loyalty Program points, these points will be deducted from your point balance when the return is processed. 
 
Discount Codes:  
Hueseeka Loyalty Program points that have been redeemed for a rewards voucher, will function as a discount at check out and cannot be credited or refunded. Please see section 5. 
The points cannot be reapplied to your account after they have been redeemed for a voucher. 

7. Redeeming a Gift Voucher 

If you paid for your order with a gift voucher and it's returned, you'll be issued with an account credit for the value of your order once your return has been processed. The voucher amount will be credited back to your Hueseeka account ready for you to spend straight away. 

8. Exceptions

Notwithstanding the other provisions of the policy, we may refuse to provide a replacement or refund for a product purchased by you if:

The damage is caused by product misuse
You knew or were made aware of the problem(s) with the product before you purchased it.
Any other exceptions that apply under the Australian Consumer Law.

9. Major Failures or Product Defects

When you report a product defect or major failure, we will immediately begin an investigation and some product testing. If our Quality Control Team deems the product faulty, you will be entitled to:

i) Cancel the purchase; and/or;
ii) A refund for the price of the goods

10. Discontinued Products

All discontinued products under our “sales” tab are final sale, no returns or exchanges will be accepted.

11. Colour Matching

Whilst we take every care to represent our product colours accurately, candle colours depicted on our website can vary slightly from the real item. This is because colours render differently from one, computer or smartphone screen, to another. Additionally, our Moreton Eco-coloured candles are handmade from all-natural ingredients and dyes, meaning that colours can vary slightly from one batch lot to another. This is part of the beauty of working by hand with natural ingredients.

If colour matching is particularly important to you, we recommend getting in touch with our customer service team prior to making a purchase. They may be able to assist you by providing photographs or advice. We also recommend purchasing a sample prior to placing your order if exact shades are important to the success of your event or interior design.

If you are still unhappy with the colour you have ordered, you are welcome to return the item under the change of mind policy.

How to return Products:

You can contact us via email at [email protected] to notify us of your intent to return and request the return process information. Please allow 3 to 7 days for processing and understand that we cannot refund postage and packing unless goods are deemed to be faulty. The customer is responsible for return shipping. 

Privacy

Please review our Privacy Policy which also governs your visit to Hueseeka

Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website for any of the following:

for fraudulent purposes, or unlawful activity;
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'
 
Copyright and database rights

We are passionate about our product and have spent many hours researching and developing our range. We ask that you respect this and don't copy, reproduce or publish any web site content without our express permission. All images and products depicted on this web site are protected by Australian copyright laws, international copyright and database right laws.
You may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Hueseeka's express written consent.

Our contract

When you place an order to purchase a product from Hueseeka, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product. That acceptance will be complete at the time we send the Dispatch Confirmation Email to you.
You are seeking to enter into a contract with Hueseeka when you place an order.

Linked Websites

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current as maintained. Hueseeka is not responsible for the content or privacy practices associated with linked websites. 
The links with other websites should not be construed as an endorsement, approval or recommendation by Hueseeka of the owners or operators of those linked websites, or any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Electronic communications
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights. 

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Indemnity

You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
- a breach of these Terms by you; or
- the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.

 

STOCKIST AND STYLIST ONLY Terms

Stockist/Stylist Map

1. The Wholesale Partner agrees to be listed on the Retail Partner / Stylist Map included on our website.  You may contact us at [email protected] if you do not wished to be listed.  Reasonable requests will not be refused.
2. Hueseeka reserves the right to decide if a Wholesale Partner is classified as a Stylist or Stockist based on the details provided by the Wholesale Partner in their Wholesale Application. 
3. Hueseeka reserves the right to add or remove Wholesale Partners from the Stockist / Stylist map on our website at our discretion.  

Agreement Termination

1. Either party may terminate this Agreement at any time by giving no less than 30 days’ notice in writing to the other party.
2. Notwithstanding anything in these Terms and Conditions, Hueseeka may terminate this Agreement immediately without notice for reasons of serious misconduct or any other circumstances justifying immediate termination of the Wholesale Partner agreement including, but not limited to, the following: 

1. The Wholesale Partner does not pay any money due for payment by it, in accordance with these Terms and Conditions;
2. the Wholesale Partner engaging in wilful or deliberate behaviour that is inconsistent with the continuation of these Terms and Conditions, such as serious and persistent breach of the provisions of these Terms and Conditions;
3. the Wholesale Partner engaging in conduct that causes serious and imminent risk to the health and safety of a person or the reputation, viability or profitability of the Hueseeka’s business;
4. the Wholesale Partner engaging in theft, fraud or assault during the course of this agreement or is charged with any offence which, in Hueseeka’s reasonable opinion, brings the Wholesale Partner or Hueseeka into disrepute;
5. the Wholesale Partner, if an individual, becomes of unsound mind or is liable to be dealt with under any law relating to mental health;
6. a representation, warranty or statement made or deemed to be made by the Wholesale Partner in this agreement is untrue or misleading;
7. the Wholesale Partner is or states that it is unable to pay all its debts as and when they become due and payable;
8. the Wholesale Partner is taken or must be presumed to be insolvent or unable to pay its debts under any applicable legislation;
9. a receiver or receiver and manager is appointed in respect of the Wholesale Partner; or
10. any material change occurring to the business of the Wholesale Partner, of which they have not given notices to Hueseeka.

Amendment to Terms and Conditions

1. The parties agree that Hueseeka reserves the right to make any necessary amendments to these Terms and Conditions as it deems appropriate and the Wholesale Partner will be deemed to have accepted those amended Terms and Conditions upon accessing their wholesale account through the website and proceeding to order from Hueseeka. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Queensland, Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of Queensland.
Your statutory rights are not affected by these terms and conditions

How to contact us regarding these Terms and Condition

If you have any questions about these Terms and Conditions, if you wish to correct or update information we hold about you or if you wish to make a complaint about a breach of these Terms and Conditions by Hueseeka please contact us at [email protected]

Our details
28 Degrees Trading Pty Ltd
20 Millennium Place
Tingalpa QLD 4173
Australia
Phone: +617 3518 2118

Registered in Australia
ABN Number: 20 127 970 594 
Email Address: [email protected]