Terms of Service

Last updated: 29/03/2026

These Terms of Service (“Terms”) govern your use of the Earth & Flame website and any purchases made through our store.

By accessing this website or placing an order with us, you agree to these Terms. If you do not agree, please do not use our website.

Throughout these Terms, “we”, “us” and “our” refer to Earth & Flame. “You” and “your” refer to the website user or customer.

1. About us

Earth & Flame is an Australian online store offering home fragrance and related products, including candles, diffusers, room sprays, soaps, and other lifestyle products.

Contact email: info@earthandflame.com.au

2. Use of our website

You agree to use this website only for lawful purposes and in a way that does not infringe the rights of, restrict, or interfere with the use of this website by any other person.

You must not:

• Use this website in any way that is unlawful, fraudulent, abusive, misleading, or harmful.
• Attempt to interfere with the operation, security, or functionality of the website.
• Copy, reproduce, distribute, exploit, or commercially use website content without our prior written consent, except as permitted by law.

We may suspend or restrict access to the website where reasonably necessary, including for maintenance, security, or misuse.

3. Product information

We try to ensure that all product descriptions, images, pricing, availability, and other content on our website are accurate and up to date. However, errors, omissions, delays, or inaccuracies may sometimes occur.

Colours, finishes, packaging, and other visual aspects of products may vary slightly from how they appear on screen due to screen settings, photography, batch variation, or the handmade nature of some products.

Product weights, sizes, burn times, scent strength, and performance information are approximate only unless expressly stated otherwise.

All products must be used in accordance with any care, warning, safety, or usage instructions provided on the product, packaging, or website.

4. Orders

When you place an order, you are making an offer to purchase products from us.

All orders are subject to acceptance and availability. We may accept, decline, cancel, or limit any order in our discretion acting reasonably, including where:

• A product is unavailable.
• There is an error in pricing, product information, or shipping charges.
• We reasonably suspect fraudulent activity, unauthorised payment, or misuse.
• We are unable to fulfil the order for operational or legal reasons.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item or order.

You must ensure that all information provided when placing an order is accurate and complete.

5. Pricing and payment

All prices displayed on our website are in Australian Dollars (AUD).

Unless stated otherwise, prices include GST where applicable.

Shipping charges, express delivery charges, insurance, duties, taxes, or other fees will be shown at checkout where applicable.

We reserve the right to change prices at any time before an order is placed.

Payment must be made in full at the time of purchase using the payment methods made available through our website.

Payments are securely processed by third-party payment providers. We do not store full card details.

6. Shipping and delivery

We aim to dispatch orders within the timeframes stated on our website or otherwise advised to you, but dispatch and delivery times are estimates only.

Delivery times may vary due to carrier delays, peak periods, public holidays, weather events, remote delivery locations, or other causes outside our reasonable control.

Risk in the products passes to you on delivery to the address provided in your order, to the extent permitted by law.

Ownership of the products remains with us until full payment has been received and cleared.

You are responsible for ensuring the shipping address and delivery details are accurate. We are not responsible for delays or losses arising from incorrect address details provided by you.

If a parcel is returned to us due to failed delivery, refusal, or incorrect address details, we may require payment of additional shipping costs before re-dispatch.

7. Promotions, discounts, and gift cards

From time to time, we may offer promotional codes, discounts, free shipping offers, bundles, or gift cards subject to specific conditions.

Unless stated otherwise:

• Promotions cannot be combined with other offers.
• Promotions are valid only during the stated promotional period.
• Promotions may be changed, withdrawn, or cancelled at any time before an order is placed.
• Gift cards are redeemable only through our website, are not redeemable for cash except where required by law, and may be subject to expiry periods or minimum purchase requirements where permitted by law.

8. Returns, refunds, and consumer rights

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded. Under the Australian Consumer Law, consumers have guarantees in relation to goods and services, and businesses cannot rely on terms that override those rights.

If a product you purchase from us fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, or other remedy depending on the nature of the issue. Remedies depend on whether the problem is major or minor and on other circumstances under the law.

We do not provide refunds, returns, or exchanges for change of mind unless we choose to do so in a particular case or are required to do so by law.

To request assistance with a faulty, damaged, incorrect, or missing item, please contact us at info@earthandflame.com.au as soon as possible with your order details and relevant photographs where appropriate.

We may ask for reasonable information to assess the issue before providing a remedy.

9. Product safety and use

Our products must be used only for their intended purpose and in accordance with all product instructions, warnings, and safety guidance.

Without limitation:

• Candles must never be left burning unattended and must be kept away from children, pets, flammable materials, and drafts.
• Candles must not be used with candle warmers or candle lamps unless the product is expressly stated to be suitable for that use.
• Diffusers and room sprays are for ambient aromatic use only and should be kept away from heat, flames, and direct contact with skin, eyes, food, pets, and delicate surfaces as directed.
• Soaps are for external use only unless expressly stated otherwise.

We are not liable for loss or damage caused by misuse of a product, failure to follow instructions, or use outside its intended purpose, to the extent permitted by law.

10. Intellectual property

All content on this website, including text, graphics, product names, branding, logos, images, website design, layout, and other materials, is owned by or licensed to us unless otherwise stated.

You must not use, reproduce, modify, distribute, republish, display, or exploit any content from this website without our prior written permission, except as permitted by law.

11. Third-party services and links

Our website may contain links to third-party websites, apps, integrations, payment gateways, social media platforms, or services.

These are provided for convenience only. We do not control and are not responsible for the content, availability, security, or privacy practices of third-party services.

Your use of those third-party services is governed by their own terms and policies.

12. Reviews and user content

If you submit a review, testimonial, comment, image, or other content to us or through our website, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, publish, adapt, and display that content for our business, marketing, and website purposes.

You confirm that any content you submit:

• Is accurate to the best of your knowledge.
• Does not infringe another person’s rights.
• Is not unlawful, misleading, defamatory, abusive, offensive, or otherwise inappropriate.

We may remove or decline to publish content in our discretion acting reasonably.

13. Privacy

Your use of our website and our handling of personal information are also governed by our Privacy Policy.

By using our website or placing an order, you acknowledge that you have read our Privacy Policy.

14. Website availability

We do not guarantee that the website will always be available, uninterrupted, secure, or free from errors, viruses, or harmful components.

To the extent permitted by law, we are not responsible for temporary unavailability, technical issues, data loss, or website interruptions caused by events outside our reasonable control.

15. Limitation of liability

To the fullest extent permitted by law, we exclude all warranties, representations, and liability not expressly set out in these Terms.

Where a guarantee, condition, or warranty is implied by law and cannot be excluded, our liability is limited to the extent permitted by law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or remedy that cannot lawfully be excluded under the Australian Consumer Law.

To the extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss, or for loss of profit, revenue, opportunity, goodwill, or data arising from use of our website or products.

16. Events outside our control

We are not responsible for delay or failure to perform any obligation under these Terms where the delay or failure arises from events beyond our reasonable control, including natural disasters, fire, flood, pandemic, strike, transport disruption, supply shortages, government action, cyber incidents, or carrier delays.

17. Changes to these Terms

We may update these Terms from time to time by publishing the updated version on this website.

The version published on the website at the time you place your order will apply to that order.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remainder of the Terms will continue in full force and effect.

19. Governing law

These Terms are governed by the laws of Victoria, Australia.

You agree that the courts of Victoria, Australia will have non-exclusive jurisdiction in connection with these Terms and any dispute arising from them.

20. Contact us

If you have any questions about these Terms, please contact us at:
info@earthandflame.com.au