Terms & Conditions

Art, characters, unique words featured on this website
All art and characters featured on this website, including but not limited to:

Yummiibear the icecream bear (both its name and its design);
Marshmellii the marshmallow piggie (both its name and its design); and
“creamiicandy” the logo and the word itself;
are all copyright and trademarked by Creamiicandy.
© 2015 Creamiicandy. All characters, artwork and content. All Rights Reserved.

These terms govern your use of the website and if you do not agree to these terms, you should immediately discontinue using this website. By making a purchase in this Shop/submit an order, you are deemed to have read, understood, accepted and be bound by all the terms and conditions of the Shop.

Creamiicandy’s return/refund policy for change of mind and defective goods
Returns for change of mind must be returned to us within 7 days of original arrival date. Please be aware that you will be responsible for shipping fees, paypal fees and any other necessary fees. Items must be unused, in their original packaging and packed well for delivery.
You must also fill out a form and email to creamiicandy@gmail.com with the following:
Order ID:
Name of Items (Full name):
Purchase name:
Why you want to return the goods:

We always check our products and make sure that they are in usable condition. In the rare event that you receive damaged or defective goods, you must notify us within 3 days after you receive the item. You may then fill out a form and email it to creamiicandy@gmail.com with the following:
Order ID:
Name of defect items (full name):
Purchaser name:
Photos/Video and description of Defects:

After we receive your email we will look at the photos and decide on a reasonable compensation . We reserve the discretion to give a coupon, refund some monies, offer to send you those goods again in your next order, or ask you to mail it back to us within 3 days and we will give you full refund including shipping fees.

Our shipping address returns is: PO BOX 42, BURWOOD, NSW 2137, AUSTRALIA
Please include your order number when shipping back to us.

***Note: We perform checks on our products to make sure only acceptable ones are shipped to you. However, due to the nature of polyurethane items, they may have minor defects consisting of bubbles or small holes, tiny cracks and little specks of dirt. This is something that we cannot control as the products are manufactured in a certain process and these minor defects will not be enough to warrant as defective / damaged.
We do not compensate for goods made damaged or defected under customer use, nor compensate for minor defects including and not limited to product package small defects (as long as good originally inside package is fine )small bubble holes, tiny cracks and little specks of dirt. Issues that do not affect the reasonable use and enjoyment of the good and were sent to our valued customers the way we received them from the manufacturer will not be warranted as defects/ damaged goods hence not subject to compensation.

Creamiicandy’s payment & shipping policy

Although most of our customers are honest =) , we don’t want dishonest customers to ruin their experience. Therefore, by ordering on our site, you EXPRESSLY AGREE THAT YOU WILL NOT DO A CHARGEBACK, DISPUTE or REVERSE any payments. You agree that the paypal account, credit card and the like you use are ALL yours, and that you are over 18 years of age. ANY such chargeback breaching these conditions will have their address publicly blacklisted here. And posted on our instagram. NO EXCEPTIONS.

1. Paypal: For buyers protection against identitiy theft please have an address filed on your paypal and we will ship to that address. International buyers need to have a home address as we will not accept PO BOXes, virtual address etc. Addresses that commit Credit Card Fraud/Chargebacks WILL be reported to legal authorities to protect our customers and improve overall integrity of our transactions.

2. Credit Card: By placing a order on this website you agree to be the rightful owner. (You are not using someone else Credit/Debit/Gift card, etc to commit fraud, scam or any other illegal activity.) International buyers need to have a home address for us to ship to as we will not accept PO BOXes, virtual address etc. Addresses that commit Credit Card Fraud/Chargebacks WILL be reported to legal authorities to protect our customers and improve overall integrity of our transactions.

3. Cash: Please conceal your cash carefully to prevent theft. Please include your order ID and name when you send your cash. Please make sure you convert the right amount if you are not sending Australian dollars (being the wholesale exchange rate plus 5% conversion fees) or we reserve the right to refund you at a cost for shipping the money back. As you are sending cash to our PO BOX, your cash should arrive safely to us. In the occasion it does not reach us, we do not accept responsibility for it. Customers please be aware that you are responsible if your cash is lost/stolen.

4. Cheques: We will ship your order once the cheque has been cleared.
5. Bank deposits: Please include your order ID and Name in your bank deposit details.

We have the discretion to refund any orders that does not comply with the above and charge a 10% restocking fee.

We have the discretion to cancel any order not paid within 7 days of the order in order to keep stock up to date and give other customers a chance to purchase our limited stock.

Customers are advised to pay as soon as possible as we do not guarantee availability of products. We will not reserve any products and will continue to ship products to customers whom we receive payment first.

Creamiicandy’s shipping policy

Australian orders:
We are not responsible for lost, stolen or damaged packages due to issues caused by the shipping company. For any issues caused by the shipping company, you will need to resolve it with Australia Post Directly.
For Australian orders where shipping costs are $6.99 or more, your orders usually get free tracking. Customers can choose to have insured delivery if they enter the words REGISTERED in the notes section at the checkout, we will then issue you an invoice to pay additional shipping costs.

International orders:
We are not responsible for lost, stolen or damaged packages due to issues caused by the shipping company. For any issues caused by the shipping company, you will need to resolve it with them directly.
We always try to provide our customers with the most economical shipping prices. For international orders, we offer airmail. This is uninsured and has no tracking. Large orders may get free insurance. Please contact us if you want insured or tracked delivery. There are rare occasions where customs and other external factors that we can’t control which could delay shipping to up 30 days. Countries such as mexico, spain, italy may rarely delay orders to up to 2 months.

**For orders made outside of Australia, please remember that your country may charge you customs and duty taxes, please be aware of this and do what is necessary in accordance with your country’s customs and duty laws. Kindly leave a note at checkout if you require us to declare your items as low as we can to help reduce these charges. We are not responsible for such charges so we kindly advise that you are aware and be prepared to pay these fees. We always pay the right amount of shipping costs for your item to be shipped from the Australia post office and we often pay significant extra shipping costs for large international orders to enable customer satisfaction and hence we ask customers to kindly pay for their own custom fees.

Conclusion of transcation

All products listed on the site are only for promotional or informational purposes and is not an offer that can be accepted by customers and bind Creamiicandy. Offer occurs only when payment is received by Creamiicandy. If by the time payment is received and some products are not avaliable, Creamiicandy will ship avaliable products and provide either full refund for non avaliable products or try to come to an agreement with the customer for a replacement product.

The agreement for sale is concluded only when goods are handled over to the designated carrier.

**For orders made outside of Australia, please remember that your country may charge you customs and duty taxes, please be aware of this and do what is necessary in accordance with your country’s customs and duty laws. Kindly leave a note at checkout if you require us to declare your items as low as we can to help reduce these charges. We are not responsible for such charges so we kindly advise that you are aware and be prepared to pay these fees. We always pay the right amount of shipping costs for your item to be shipped from the Australia post office and we often pay significant extra shipping costs for large international orders to enable customer satisfaction and hence we ask customers to kindly pay for their own custom fees.

Product Availability
We cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.

Limitation of Liability Release and Indemnity

While we strive to offer quality products at maximum value to our customers, we cannot control the intent, expectation, or method of usage on part of our customers and distributors. All the products are controlled prior to distribution.

In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.

Creamiicandy and it’s vendors, owners and the like disclaim warranties with regard to the products, information, and services contained on its web pages, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.To the extent permissible by law, Creamiicandy expressly disclaims all conditions and warranties express or implied, in respect of the goods.

All products, information and services, are provided “as is” and “as available” without warranty of any kind. In no event shall we or our vendors be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from product use- including loss of use, loss of anticipated savings, loss of business, data or profits, loss of opportunity, loss of reputation, loss of goodwill, loss of or damage/corruption of data, litigation costs and the like and any indirect or consequential loss, whether based on breach of contract, tort (including negligence), product liability, act or omission, whether negligent or otherwise, even if advised of the possibility of such damages with respect to goods or services purchased through this website, liability, is expressly limited to replacement of defective goods, or, at our election, to the repayment or crediting of buyer with an amount equal to the purchase price of the goods.

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations.

You agree to indemnify, defend and hold harmless Creamiicandy and its affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to your violation of this agreement.

Choice of law and Choice of Jurisdiction

This agreement and the resolution of any dispute related to this Agreement or the website shall be governed by and construed in accordance with the laws and jurisdiction of New South Wales, Australia without giving effect to any principles of conflicts of law and the parties submit exclusively to the courts and law of that jurisdiction. The application of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

Creamiicandy’s failure to insist upon strict enforcement of any provision of this agreement shall not be seen as a waiver of any provision or right.

Amendments

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on on website online. Continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.