Terms of Sale
ABN 76 251 615 904 · info@thefifthscent.co
1. About these terms
These terms apply to every order you place on www.thefifthscent.co. By placing an order, you agree to them. Please read them together with our Shipping Policy, Returns and Refund Policy and Privacy Policy, which form part of these terms. If something in a separate message from us conflicts with these terms, these terms apply unless we've agreed otherwise in writing.
In these terms, "we", "us" and "our" mean The Fifth Scent Co (ABN 76 251 615 904). "You" means the person placing the order. "Products" means the goods listed on our website.
2. Handmade in small batches
Our products are handmade in small batches in Brisbane. This means:
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orders are made after you place them, so please allow 2–3 business days for production before dispatch, plus delivery time (see our Shipping Policy)
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small natural variations in colour, texture, scent strength and appearance between batches are normal and are not a fault
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some products may be temporarily unavailable between batches
3. Placing an order
When you place an order you confirm that:
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you are 18 or over, or have a parent or guardian's permission
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the details you give us (including your delivery address) are complete and accurate
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you are authorised to use the payment method you choose
Your order is an offer to buy. We accept it when we send you an order confirmation email, and that is when a contract is formed. We may decline or cancel an order, for example if an item is unavailable, if we suspect fraud, or if a pricing or listing error has occurred. If we cancel an order you've already paid for, we'll refund you in full.
4. Prices and payment
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Prices are in Australian dollars (AUD)
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Delivery charges are shown at checkout and explained in our Shipping Policy.
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Payment is taken at checkout through our secure third-party payment provider PayPal. We don't store your full card details.
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We do our best to keep prices accurate, but we may correct an error. If we do, we'll contact you before processing the order and you can choose to proceed at the correct price or cancel for a full refund.
5. Promotions and discount codes
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Promotions, offers and discount codes are valid only for the stated period and conditions, and can't be combined unless we say so.
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We may withdraw or change a promotion at any time. This won't affect orders already confirmed.
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Free gifts have no cash value and can't be exchanged or sold. They can be returned only if faulty.
6. Delivery, returns and refunds
Delivery is covered by our Shipping Policy. Returns, exchanges and refunds are covered by our Returns and Refund Policy. Nothing in those policies limits your rights under the Australian Consumer Law.
7. Using our products safely
Our products include bath soaks, handwashes, room sprays and reed diffusers. To use them safely:
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follow the directions on the label or product page
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do a patch test before first use if you have sensitive skin or known allergies, and check the ingredient list before buying
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stop using a product if irritation occurs, and seek medical advice if it continues
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keep products away from children and pets, and don't swallow them
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take care with essential oils and fragrance if you are pregnant, breastfeeding, or managing a health condition, and check with your doctor or pharmacist if unsure
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be careful with wet surfaces after bathing, as bath products can make tubs and floors slippery
Our products are cosmetic and home fragrance products. They aren't medicines and aren't intended to diagnose, treat, cure or prevent any medical condition. Information on our website and blog, including personal stories, is general information and not medical advice.
8. Product information
We try to describe and photograph our products accurately. Colours on screen may differ slightly from the real product, and handmade items vary naturally. Ingredient lists on the label are the most up-to-date information.
9. Your rights under Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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 goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
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Nothing in these terms excludes, restricts or modifies those rights.
10. Intellectual property
All content on our website, including text, photos, logos, product names, blog posts and designs, belongs to The Fifth Scent Co or is used with permission. You may not copy, reproduce or use it for commercial purposes without our written permission.
11. Your use of our website
Please use our website lawfully and don't try to interfere with its operation or access areas you aren't meant to. If you breach these terms in a way that causes us loss, we may seek to recover that loss from you, to the extent the law allows.
12. Privacy
We handle your personal information as described in our Privacy Policy.
13. Changes to these terms
We may update these terms from time to time. The version published on our website when you place your order is the one that applies to that order.
14. Governing law
These terms are governed by the laws of Queensland, Australia, and you agree to the non-exclusive jurisdiction of the courts of Queensland. This doesn't limit any rights you have under the Australian Consumer Law.
15. Contact us
Questions about these terms or your order? Email info@thefifthscent.co
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