Terms of service

Terms of Service

Last updated: 4 August 2026

1. Overview

This website is operated by The Conscious Cracker Co Aust Pty Ltd, ABN 93 650 884 674, trading as The Conscious Cracker Co.

Throughout these Terms of Service, the terms “we”, “us” and “our” refer to The Conscious Cracker Co Aust Pty Ltd, trading as The Conscious Cracker Co.

These Terms of Service govern your access to and use of our website, online store, products, content and related services.

By visiting our website, placing an order or otherwise using our services, you agree to be bound by these Terms of Service and any policies referred to within them, including our:

  • Shipping & Returns Policy

  • Privacy Policy

  • Product-specific terms displayed on our website

  • Any additional written terms agreed for wholesale, corporate, customised or bulk orders

Please read these Terms of Service carefully before using our website or purchasing a product.

If you do not agree to these terms, you should not use our website or place an order.

2. Eligibility and Customer Information

By using our website or placing an order, you confirm that:

  • You are at least 18 years old; or

  • You are using the website with the permission and involvement of a parent or legal guardian; and

  • You have the legal capacity to enter into a binding agreement.

You agree to provide accurate, complete and current information when placing an order, creating an account or contacting us.

This may include your name, email address, billing information, payment information and delivery address.

You are responsible for ensuring the information you provide is correct and that you have permission to provide and use it.

3. Customer Accounts

Where customer accounts are available, you are responsible for:

  • Keeping your login details secure

  • Maintaining the accuracy of your account information

  • All activity conducted through your account

You must not transfer, sell or provide your account to another person.

Please contact us promptly if you believe your account or payment information has been accessed or used without your permission.

We may suspend or restrict an account where we reasonably believe it has been used fraudulently, unlawfully or in breach of these Terms of Service.

4. Products and Product Information

We aim to describe and display our products as accurately as reasonably possible.

However, colours, finishes and product appearance may vary slightly because of:

  • Device or screen settings

  • Lighting and photography

  • Printing and manufacturing processes

  • The natural characteristics of materials

  • Minor variations between product batches

These minor variations are not considered faults where they do not materially affect the product’s quality, function or overall appearance.

Product dimensions, weights, colours, finishes and packaging details are approximate unless expressly stated otherwise.

Images used on our website are for illustrative purposes. Props, table settings, decorations and accessories shown in photographs are not included unless expressly stated in the product description.

We may update product descriptions, components, packaging or presentation from time to time, provided the product remains substantially consistent with its advertised description.

5. Product Safety and Intended Use

Products must be used only for their intended purpose and in accordance with any instructions, warnings, labels or age recommendations provided.

Some products may contain small components or decorative items that are not suitable for young children.

Children should be appropriately supervised when using or handling Christmas crackers, ornaments, small gifts or other products containing small parts.

You are responsible for considering whether a product is suitable for the intended recipient and circumstances.

Nothing in this section limits any rights you may have under Australian Consumer Law.

6. Product Availability

All products are subject to availability.

Some products are seasonal, limited edition or produced in limited quantities. Placing a product in your shopping cart does not reserve that product.

We may place reasonable limits on the quantity of products that may be purchased by a customer or in a single order.

If a product becomes unavailable after you place an order, we will contact you and may:

  • Provide an updated expected availability date

  • Offer a suitable alternative, subject to your approval

  • Cancel the unavailable product and issue a refund

  • Cancel and refund the entire order where appropriate

We will not substitute a materially different product without your agreement.

7. Prices, Taxes and Shipping Charges

Unless otherwise stated, all prices displayed on our website are in Australian dollars.

Retail prices include GST where GST is applicable.

Shipping charges are calculated and displayed at checkout before you complete your order.

We may change product prices from time to time. Price changes will not affect orders that have already been accepted, except where there has been an obvious pricing error.

8. Orders and Acceptance

Submitting an order through our website is an offer to purchase the selected products under these Terms of Service.

An automated order confirmation acknowledges that we have received your order. It does not necessarily mean that the order has been accepted.

We may review an order before accepting it, including to verify:

  • Product availability

  • Payment authorisation

  • Delivery information

  • Purchase limits

  • Suspected fraud or unauthorised activity

  • Obvious pricing or website errors

An order is accepted when we confirm acceptance or begin preparing the products for dispatch, unless otherwise stated.

We may decline or cancel an order where there is a legitimate reason to do so, including:

  • Product unavailability

  • Payment failure

  • Suspected fraud

  • Misuse of a promotion

  • An obvious pricing or product-information error

  • A breach of these Terms of Service

  • A delivery address we are unable to service

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

9. Pricing and Website Errors

We take reasonable care to ensure that product descriptions, prices, promotions, stock information and other website content are accurate.

Occasionally, information may contain typographical errors, technical errors, omissions or incorrect pricing.

Where an obvious error affects an order, we will contact you as soon as reasonably possible.

You may choose to:

  • Proceed with the order using the corrected price or information; or

  • Cancel the affected item or order and receive a refund

We will not charge you a higher price without first obtaining your agreement.

10. Payment

You agree to provide accurate and complete billing and payment information.

Payment must be authorised and successfully processed before we are required to prepare or dispatch an order, unless separate written payment terms apply.

Payments may be processed through third-party payment providers. Your use of those payment services may also be governed by the provider’s own terms and privacy practices.

We may take reasonable steps to verify payment information and prevent suspected fraudulent or unauthorised transactions.

11. Discount Codes and Promotions

Discount codes and promotional offers:

  • Must be used within the stated promotional period

  • Cannot be exchanged for cash

  • Cannot be applied retrospectively

  • May be limited to one use per customer or order

  • May exclude certain products, collections or order types

  • Cannot be combined unless expressly stated otherwise

  • May be subject to additional promotional terms

We may refuse or cancel the use of a discount code where there is evidence of misuse, unauthorised distribution, fraud or a technical error.

Any correction or cancellation will be applied reasonably and will not affect rights you have under Australian Consumer Law.

12. Retail, Wholesale and Corporate Orders

Products purchased through our retail website are intended for personal or household use and are not intended for commercial resale unless we have agreed otherwise in writing.

Wholesale, corporate, customised and bulk orders may be subject to separate terms, including:

  • Minimum order quantities

  • Separate pricing

  • Deposit requirements

  • Payment terms

  • Production timeframes

  • Artwork approval requirements

  • Shipping arrangements

  • Cancellation restrictions

Where separately agreed written terms apply to a wholesale, corporate, customised or bulk order, those terms will take priority to the extent of any inconsistency with these general Terms of Service.

13. Personalised and Custom Products

You are responsible for checking all names, wording, artwork, colours, quantities and other customisation details before approving a personalised or custom order.

Where we provide artwork or a digital proof for approval, production may begin once you approve it.

We are not responsible for errors contained in information, wording or artwork that you supplied or expressly approved, except where we failed to produce the product in accordance with the approved details.

Colours displayed electronically may vary slightly from printed or manufactured colours.

Personalised, customised, corporate and specially produced orders generally cannot be changed or cancelled once production, printing, sourcing or preparation has commenced.

This does not affect your rights where a product is faulty, incorrectly produced or otherwise fails to meet a consumer guarantee.

14. Pre-Orders

Some seasonal and limited-edition products may be offered for pre-order.

The expected dispatch period will be displayed on the relevant product page.

Any dispatch date or timeframe provided for a pre-order is an estimate and may be affected by production, supplier, freight or other delays.

We will contact you if there is a material change to the expected dispatch period.

Where an order contains both pre-order and in-stock products, the entire order may be held until all products are available.

To receive an in-stock product sooner, it should be purchased in a separate order.

If we are unable to fulfil a pre-order, we will cancel the affected product and provide a refund.

15. Shipping, Delivery, Returns and Refunds

Shipping, delivery, pre-orders, incorrect addresses, lost or damaged parcels, returns, cancellations and refunds are governed by our Shipping & Returns Policy, which forms part of these Terms of Service.

Delivery dates and timeframes are estimates unless we expressly agree otherwise.

We will take reasonable steps to dispatch orders within the stated processing timeframe. Delays may occur because of postal networks, weather events, supplier delays, peak-season demand or circumstances outside our reasonable control.

If a parcel is significantly delayed, damaged or cannot be located, we will assist you and work with the delivery provider to investigate the issue.

Nothing in these Terms of Service or our Shipping & Returns Policy limits any rights or remedies available under Australian Consumer Law.

16. Relationship With Shopify

Our online store is hosted and supported by Shopify, which provides the technology that enables us to operate our website and online store.

However, all purchases made through our website are transactions directly between you and The Conscious Cracker Co Aust Pty Ltd.

Shopify is not the seller of our products and is not responsible for:

  • Accepting or fulfilling your order

  • Providing customer service for your purchase

  • Product quality or safety

  • Shipping, returns or refunds

  • Resolving claims relating to products purchased from us

17. Privacy and Personal Information

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

Our Privacy Policy explains how we may collect, use, store and disclose information when you:

  • Visit our website

  • Place an order

  • Create an account

  • Contact us

  • Subscribe to marketing

  • Submit a review or enquiry

  • Interact with our promotions or social media

Our website is hosted by Shopify.

Information submitted through our website may be processed by Shopify and other service providers that assist us with:

  • Website hosting

  • Payment processing

  • Order management

  • Delivery and fulfilment

  • Customer communications

  • Analytics

  • Advertising and marketing

Some service providers may process or store information outside Australia.

Further information about how your personal information is handled is provided in our Privacy Policy.

You may unsubscribe from marketing emails at any time by using the unsubscribe link provided or contacting us.

Transactional communications relating to an order, payment, delivery, return or customer-service request are not marketing communications and may still be sent where necessary.

18. Intellectual Property

Unless otherwise stated, all content appearing on our website is owned by or licensed to The Conscious Cracker Co Aust Pty Ltd.

This includes:

  • Business names and branding

  • Logos

  • Product names

  • Product designs and artwork

  • Photographs and videos

  • Graphics and illustrations

  • Written content

  • Product descriptions

  • Website layouts

  • Packaging concepts

  • Downloadable materials

  • Marketing materials

You may access and use our website for personal, non-commercial purposes.

You must not, without our prior written permission:

  • Copy, reproduce or republish our website content

  • Use our photographs, videos or product descriptions

  • Reproduce our product designs or artwork

  • Modify or create derivative works from our content

  • Sell, license or commercially exploit our content

  • Remove copyright, trademark or ownership notices

  • Use our branding in a way that suggests endorsement or affiliation

  • Scrape or systematically extract website data

Nothing in these Terms of Service transfers ownership of our intellectual property to you.

19. Reviews, Photographs and Other Submissions

You may choose to submit reviews, photographs, videos, comments, feedback, ideas or other content to us.

You retain ownership of content you create.

Where you submit content for publication, promotion or sharing, you grant us a non-exclusive, worldwide and royalty-free licence to use, reproduce, edit, publish and display that content for purposes connected with our business and marketing.

This licence does not give us ownership of your content.

You confirm that:

  • You created the content or have permission to share it

  • The content does not infringe another person’s rights

  • You have permission from identifiable people appearing in the content

  • The content is accurate and not misleading

  • The content is not unlawful, defamatory, threatening or offensive

  • The content does not contain malicious software or harmful code

If you received a free product, discount, payment or another benefit in connection with a review or submission, you must clearly disclose this when submitting the content.

We are not required to:

  • Publish submitted content

  • Keep unsolicited ideas or suggestions confidential

  • Respond to submissions

  • Provide payment or compensation for unsolicited submissions

We may remove or decline to publish content that breaches these terms or is not appropriate for our website or community.

We will not knowingly publish your private contact or payment information as part of a review.

20. Prohibited Uses

You must not use our website or services:

  • For an unlawful or fraudulent purpose

  • To violate another person’s rights

  • To submit false, deceptive or misleading information

  • To impersonate another person or organisation

  • To interfere with the website’s operation or security

  • To distribute viruses, malicious code or harmful technology

  • To attempt to gain unauthorised access to accounts or systems

  • To collect personal information about others without authority

  • To send spam or unsolicited commercial messages

  • To misuse discount codes, promotions, payment systems or refund processes

  • To reproduce or commercially exploit our intellectual property

  • To scrape or automatically extract content without permission

  • To harass, threaten or abuse our staff, contractors, customers or other users

We may restrict or terminate access to our website where we reasonably believe these terms have been breached.

21. Third-Party Services and Links

Our website may use or link to third-party services, including:

  • Payment providers

  • Delivery providers

  • Social media platforms

  • Website applications

  • Analytics providers

  • Marketing services

Third-party websites and services are operated independently and may have their own terms, privacy policies and practices.

We are not responsible for the content, security, availability or practices of third-party websites or services that we do not control.

A link to a third-party website does not necessarily mean that we endorse every product, service or statement appearing on that website.

You should review the relevant third-party terms before using their services.

22. Website Availability and Security

We take reasonable steps to maintain the security and availability of our website.

However, we cannot guarantee that the website will always operate without interruption, delay or technical error.

We may temporarily suspend or restrict access to parts of the website for:

  • Maintenance

  • Security

  • Updates

  • Technical issues

  • Circumstances outside our reasonable control

You are responsible for using appropriate security measures on your own device and internet connection.

Nothing in this section limits liability that cannot lawfully be excluded.

23. Australian Consumer Law

Our products come with consumer guarantees that cannot be excluded under Australian Consumer Law.

Nothing in these Terms of Service excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded or modified.

Where a product fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances and whether the failure is major or minor.

Any voluntary warranty, return period or store policy we provide is in addition to your rights under Australian Consumer Law.

24. Liability

To the maximum extent permitted by law, we are not responsible for loss or damage caused by:

  • Misuse of a product

  • Failure to follow product instructions or warnings

  • Inaccurate information supplied by you

  • Errors in wording or artwork supplied or approved by you

  • Unauthorised use of your account or payment details where we were not at fault

  • Third-party websites or services we do not control

  • Events outside our reasonable control

Where we are responsible for loss or damage, our liability will be determined in accordance with applicable law, including Australian Consumer Law.

We do not exclude or limit liability where it would be unlawful to do so.

25. Events Outside Our Reasonable Control

We will not be responsible for delay or failure to perform an obligation where the delay or failure is caused by circumstances outside our reasonable control.

These circumstances may include:

  • Natural disasters

  • Severe weather

  • Fire or flood

  • Transport or postal disruption

  • Supplier or manufacturing disruption

  • Industrial action

  • Government restrictions

  • Public-health emergencies

  • Telecommunications or technology failures

  • Cybersecurity incidents

  • Widespread power outages

Where such an event affects an accepted order, we will take reasonable steps to communicate with you, minimise the disruption and provide an appropriate solution.

This section does not limit any rights or remedies that cannot lawfully be excluded.

26. Suspension and Termination

You may stop using our website at any time.

We may suspend or terminate your access to our website where we reasonably believe that you have:

  • Materially breached these Terms of Service

  • Used the website unlawfully or fraudulently

  • Attempted to compromise our systems or security

  • Abused our staff, services, promotions or refund processes

Suspension or termination of website access does not affect rights or obligations that arose before the suspension or termination.

Terms relating to payment, intellectual property, privacy, liability and dispute resolution will continue to apply where relevant.

27. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our:

  • Business

  • Website

  • Products

  • Services

  • Practices

  • Legal obligations

The updated terms will be published on our website with a revised “Last updated” date.

Material changes will apply prospectively and will not unfairly remove rights that have already arisen under an accepted order.

The terms applying to an order are generally those published when the order was placed, together with any changes separately agreed with you.

28. Severability

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

29. No Waiver

If we do not immediately enforce a right under these Terms of Service, this does not mean that we have waived that right.

A waiver will only be effective where it is clearly provided in writing.

30. Entire Agreement

These Terms of Service, together with our:

  • Shipping & Returns Policy

  • Privacy Policy

  • Product descriptions

  • Promotional conditions

  • Any additional written terms accepted by you

form the agreement between you and us concerning your use of the website and purchase of products.

Where separately agreed wholesale, corporate, customised or bulk-order terms conflict with these general Terms of Service, the separately agreed terms will take priority for that order.

31. Governing Law

These Terms of Service are governed by the laws of Queensland, Australia, and applicable Commonwealth laws.

You and The Conscious Cracker Co Aust Pty Ltd submit to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from them.

Nothing in this section prevents you from exercising rights available under applicable consumer laws in your state or territory.

32. Contact Information

Questions about these Terms of Service can be sent to:

The Conscious Cracker Co
Operated by: The Conscious Cracker Co Aust Pty Ltd
ABN: 93 650 884 674
Email: hello@theconsciouscrackerco.com
Location: Sunshine Coast, Queensland, Australia