Terms of service
Terms & Conditions (Australia)
Last updated: 11 October 2025
Business: Ember Specialty Coffee (ABN 59 384 647 431)
Contact: contact@emberoaster.com
These Terms & Conditions (“Terms”) govern your access to and use of our website, online store, and any related services (the “Services”). Our store is powered by Shopify. By accessing or using the Services, you agree to these Terms and our PRIVACY_POLICY. If you do not agree, do not use the Services.
1. Eligibility, Accounts & Accuracy of Information
You must be at least 18 years old or the age of majority in your state/territory to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree that the information you provide is true, current and complete, and you will keep it up to date.
2. Products, Coffee Specifics & Availability
We aim to display products accurately. Actual colours/flavours may vary due to screen/device settings, crop year, roast level and brewing variables. Coffee is an agricultural product; flavour notes are indicative, not guarantees. Product descriptions, prices and availability may change at any time without notice. We may limit quantities and discontinue products.
3. Orders, Acceptance & Cancellations
Your order is an offer to purchase. We may accept or decline your order at our discretion. An order is accepted when we send an order confirmation and have received payment. Due to our fresh-roasting process, order changes/cancellations may not be possible after acceptance. If we cancel or cannot fulfil an order, we will notify you and provide a refund for any amounts paid.
Subscriptions (if offered). If you purchase a subscription, you authorise recurring charges until you cancel via your account before the next renewal cut-off stated at checkout.
4. Pricing, Taxes & Payment
Prices are in Australian dollars (AUD) and include GST where applicable unless stated otherwise. Shipping and handling are shown at checkout. You authorise us (and our payment providers) to charge the payment method you provide for the total order amount. You must be authorised to use the payment method and ensure details remain current.
5. Shipping, Delivery & Risk
Delivery times are estimates. We are not liable for delays outside our control (e.g., carrier issues). Risk and title in goods pass to you on delivery to your nominated address (not on hand-off to the carrier). You are responsible for providing a safe, accurate delivery address and for any redelivery fees if no one is available to receive the parcel.
6. Australian Consumer Law (ACL) — Mandatory Consumer Guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
7. Returns & Refunds
Please see our Refunds & Returns Policy at REFUNDS POLICY for how we handle requests. Nothing in our policy limits your rights under the ACL. For coffee beans, we generally cannot accept returns for change of mind once the bag is opened. If an item is faulty, arrives damaged, or is not as described, contact us promptly so we can assist under the ACL.
8. Allergens & Safety
Our coffee is roasted and packed in a facility that may also handle food-grade items such as flavour descriptors or accessories. We do not add allergens to coffee; however, cross-contamination risks in supply chains can exist. If you have specific dietary concerns, contact us before purchase.
9. Intellectual Property
All content on the Services (including logos, text, graphics, images and product descriptions) is owned by us or our licensors and protected by Australian and international IP laws. You may use the Services for personal, non-commercial purposes only. No licence is granted to you except as necessary to use the Services. Shopify names and marks are trademarks of Shopify Inc.
10. Reviews & Feedback
If you submit reviews or feedback (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use and display that Feedback for our marketing and operational purposes (e.g., on our website or social media). We will not edit Feedback to misrepresent your views. Do not submit content that is unlawful, defamatory, infringing, or misleading.
11. Third-Party Services & Links
We use third-party providers (including Shopify, payment gateways and carriers). Your use of any third-party tools or sites is at your own risk and subject to their terms and privacy policies. We are not responsible for third-party websites.
12. Prohibited Conduct
You must not misuse the Services, including by: violating laws; infringing IP; harassing others; introducing malware; scraping; interfering with security; or using the Services for unauthorised commercial purposes.
13. Warranties & Disclaimers
To the extent permitted by law and subject to the ACL, the Services and all products are provided “as is” and “as available”. We do not warrant that the Services will be uninterrupted or error-free. Taste is subjective and depends on brewing variables outside our control; results may vary.
14. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL. To the extent permitted by law, our liability for a breach of a consumer guarantee is limited (at our option) to: replacement of the goods or supply of equivalent goods; repair; payment of the cost of replacing or acquiring equivalent goods; or payment of the cost of repair. We are not liable for indirect or consequential loss where exclusion is permitted by law.
15. Indemnity
You indemnify us from losses arising from your breach of these Terms or misuse of the Services, except to the extent caused by our negligence or breach of law.
16. Suspension & Termination
We may suspend or terminate your access if we reasonably believe you have breached these Terms or the law. Sections intended to survive termination (including IP, warranties/liability, indemnity, and governing law) continue to apply.
17. Governing Law & Jurisdiction
These Terms are governed by the laws of South Australia, Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.
18. Changes to Terms
We may update these Terms by posting the new version on our website. Material changes will be notified as required by law. Your continued use after an update constitutes acceptance.
19. Contact
Questions about these Terms: contact@emberoaster.com
