Terms of service

Ember Echoes – Terms of Service

OVERVIEW

Welcome to Ember Echoes. The terms “we”, “us” and “our” refer to Ember Echoes. Ember Echoes operates this online store and website, including all related information, content, features, tools, products and services (the “Services”).

The following Terms of Service (“Terms”) describe your rights and responsibilities when you use our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNTS

By using our Services, you confirm that you are at least 18 years old (or the legal age of majority in your location). You agree that any information you provide is accurate, current and complete.

You are responsible for maintaining the security of your account login details. We are not liable for any loss or damage from your failure to protect your account credentials.

SECTION 2 – OUR PRODUCTS

We do our best to display our products accurately. However, colours and appearances can vary depending on your screen and settings.

Descriptions and prices of products may change without notice. We reserve the right to discontinue any product at any time.

Due to the handmade and personalised nature of our products, slight variations in scent, colour or appearance are expected and are not faults.

SECTION 3 – ORDERS

Placing an order constitutes an offer to buy. We reserve the right to accept or decline any order in our sole discretion. Orders are accepted only once payment has been received and confirmed.

Please check your order carefully before submitting. Because our products are custom-made, we may be unable to accommodate changes or cancellations once production has started.

Purchases are subject to our Refund & Return Policy.

You agree that your purchases are for personal or household use only and not for resale.

SECTION 4 – PRICES AND BILLING

Prices are listed in Australian dollars (AUD) unless stated otherwise and include GST where applicable.

Prices and promotions may change without notice. The price charged is the price at the time you place your order.

You agree to provide accurate and up-to-date payment and delivery information.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or factors outside our control. Risk in the products passes to you once they leave our premises.

SECTION 6 – INTELLECTUAL PROPERTY

All content, trademarks and materials in our Services are owned by Ember Echoes or our licensors. You may use them only for personal, non-commercial purposes.

You must not reproduce, distribute, modify or exploit any part of the Services without our written consent.

SECTION 7 – THIRD-PARTY LINKS AND TOOLS

Our Services may include links or access to third-party websites or tools. We do not control or endorse them and are not responsible for any loss or damage arising from their use.

Your use of third-party websites or tools is at your own risk. Please review their terms and policies.

SECTION 8 – PRIVACY

All personal information you provide is collected, stored and used in accordance with our Privacy Policy.

Because our website is powered by Shopify, your information may be shared with Shopify and processed overseas.

SECTION 9 – FEEDBACK AND REVIEWS

If you submit any reviews, ideas or suggestions (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that Feedback for any purpose.

You agree that your Feedback:

  • Is accurate and lawful

  • Does not infringe anyone else’s rights

  • Does not contain any harmful code or offensive content

We reserve the right (but have no obligation) to remove any Feedback we consider inappropriate.

SECTION 10 – ERRORS AND OMISSIONS

Occasionally there may be information on our Services containing typographical errors, inaccuracies or omissions. We reserve the right to correct them at any time without prior notice, including after you have placed an order.

SECTION 11 – PROHIBITED USES

You agree not to use our Services for any unlawful, abusive, fraudulent or harmful purpose, or to violate any laws.

We reserve the right to suspend or terminate your access if we believe you have breached these Terms.

SECTION 12 – TERMINATION

We may terminate or suspend your access to our Services at any time. You will remain responsible for any outstanding payments.

Sections relating to intellectual property, limitation of liability, indemnification and other provisions intended to survive termination will continue to apply.

SECTION 13 – AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (ACL).

To the extent permitted by law, our liability for breach of any non-excludable guarantee is limited to replacement of the products or refund of the amount paid.

SECTION 14 – LIMITATION of LIABILITY

To the fullest extent permitted by law, Ember Echoes is not liable for any indirect, incidental, special or consequential loss arising out of or in connection with your use of the Services or purchase of products.

SECTION 15 – INDEMNITY

You agree to indemnify Ember Echoes against any claims, damages or expenses arising out of your breach of these Terms or your misuse of our Services.

SECTION 16 – GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the jurisdiction of the courts of Queensland.

SECTION 17 – CHANGES TO TERMS

We may update these Terms from time to time. Any changes will be posted on this page. Your continued use of our Services constitutes acceptance of any changes.

SECTION 18 – CONTACT INFORMATION

Questions about these Terms should be sent to us at:

Ember Echoes
ABN 37 487 161 418
Email: info@emberechoes.com