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Terms of service

1. Application of Terms

1.1 These Terms apply to your use of the Website shopflint.co operated by Flint AU Pty Ltd (ABN 44 656 209 399) (“we”, “us” or “our”). By accessing and using the Website:

a. You agree to these Terms; and
b. Where your access and use is on behalf of another person (e.g., a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access or use the Website and must immediately stop doing so.

1.3 For any inquiries, complaints, or to contact us regarding these Terms or your orders, you can reach us at hello@shopflint.co


2. Changes

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the updated Terms.

2.2 We may change, suspend, discontinue, or restrict access to the Website without notice or liability.


3. Definitions

In these Terms:

  • Including and similar words do not imply any limit.

  • Loss includes loss of profits, savings, revenue, data, or any other claim, damage, loss, liability, or cost, including legal costs on a solicitor and own client basis.

  • Order means any order for any of the products we sell on our Website submitted by You.

  • Personal information means information about an identifiable, living person.

  • Products means our Rechargeable lighters or any other goods available for purchase on our Website.

  • Terms means these Terms and Conditions titled Website Terms of Use.

  • Underlying System means any network, system, software, data, or material that underlies or is connected to the Website.

  • Website means shopflint.co.

  • You means you, or if clause 1.1b applies, both you and the other person on whose behalf you are acting.

  • Privacy Policy means our policy regarding the collection, use, and disclosure of personal information, available here.


4. Your Obligations

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2 You must:

a. Not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

b. Unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.3 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [insert contact email].

4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.


5. Website Orders

5.1 Offer and Acceptance: If You place an Order for any of our Products using the Website then on selecting the Products to purchase and completing payment for the Products shall constitute an offer by You to purchase the Products from us. Upon confirmation of payment of the Products, we shall be deemed to have accepted the offer made by You and there shall be a binding agreement between you and us which shall incorporate these Terms.

5.2 Prices: All prices on the Website include GST and any other taxes and/or levies payable in respect of the Products but do not include delivery costs, which shall be an additional charge payable by you and calculated when you submit your Order using the Website.

5.3 Delivery and Transfer of Risk: Delivery shall be completed upon the transfer of possession of the Products to you or your agent, which shall include the Products being delivered to the shipping address you have submitted for the Order. Risk of any loss, damage or deterioration of or to the Products passes to you on Delivery.


6. Shopify

6.1 You acknowledge that we use Shopify (as defined at clause 4 of the Shopify terms of use, available here) to complete our Orders on the Website.


7. Intellectual Property

7.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.


8. Website Disclaimers

8.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a. The Website being unavailable (in whole or in part) or performing slowly;
b. Any error in, or omission from, any information made available through the Website;
c. Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. You are responsible for ensuring the process by which you access and use the Website protects you from this; and
d. Any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products, or operators.

8.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.


9. Website and Product Liability

9.1 To the maximum extent permitted by law:

a. You access and use the Website and any Products that you purchase from the Website at your own risk; and
b. We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.

9.2 Consumer Guarantees: Nothing in these Terms excludes, restricts or modifies any non-excludable rights under the Australian Consumer Law.

9.3 Except to the extent permitted by law, our liability is limited to AUD $50.


10. Product Liability

10.1 We will not be liable for any property damage, loss, personal injury, or death as a result of accident or misuse of any Product.

10.2 In no event shall we be liable for special, indirect, incidental, consequential, statutory or exemplary damages, whether in contract, tort, negligence, strict liability, or otherwise.

10.3 By placing an order for a Product on our Website you certify that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.

10.4 We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time.

10.5 We make no representation or warranty that any of the Products on our Website are fit for purpose, appropriate, or available for use in all countries or that the Products satisfy the laws of all countries. You are responsible for ensuring that your use of the Products is not illegal or prohibited, and for your own compliance with applicable local laws.


11. Privacy Policy

11.1 You are not required to provide personal information to us, although if you choose to place an Order using our Website, you will need to provide personal information to complete the Order.

11.2 When you provide personal information to us, we will comply with the Privacy Act 1988 and our Privacy Policy, available here.


12. Suspension and Termination

12.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

12.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.


13. General

13.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

13.2 These Terms, and any dispute relating to these Terms, Products or the Website, are governed by and must be interpreted in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of Victoria, Australia in relation to any dispute connected with these Terms, Products, or the Website.

13.3 For us to waive a right under these Terms, the waiver must be in writing.

13.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 7, 8, 9, and 11.2, continue in force.

13.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

13.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty, or agreement has any effect from the date you agreed to these Terms.

13.7 We will not be liable for any failure to supply the Products or meet any other obligations owed to you where such failure results from circumstances beyond our control.

Effective Date: 16 November 2020
Last updated: 25 September 2025

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