Terms of Service

Effective Date: 29 September 2025

Last Updated: 29 September 2025

Introduction

This website is operated by A Fragrance State of Mind Pty Ltd (ABN: 22 613 075 979), trading as Goldfield & Banks Australia ("we," "us," "our," or "Company"). Throughout this site, the terms "we," "us," and "our" refer to A Fragrance State of Mind Pty Ltd.

REGISTERED ADDRESS: Unit 4/171 William St, Darlinghurst NSW 2010, Australia

CONTACT INFORMATION:

• General Contact: info@goldfieldandbanks.com

• Privacy Contact: privacy@goldfieldandbanks.com

• Data Protection Officer: dpo@goldfieldandbanks.com

Goldfield & Banks Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

AGE REQUIREMENTS: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence (18 years or older in most jurisdictions), or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

PROHIBITED USES: You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, or privacy laws).

SECURITY: You must not transmit any worms, viruses, or any code of a destructive nature. You are responsible for maintaining the confidentiality of your account and password.

TERMINATION: A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to terminate your account at any time for any reason.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PRODUCT USE RESTRICTIONS AND RESALE PROHIBITIONS:

By purchasing products from this website (www.goldfieldandbanks.com), you agree to the following restrictions:

PROHIBITED REBOTTLING AND DECANTING:

• You may NOT rebottle, decant, or transfer our fragrances purchased through this website into other containers for any commercial purpose

• You may NOT sell, distribute, or give away portions, samples, or decants of our products purchased through this website

• You may NOT remove, alter, or tamper with original product packaging, labels, or branding of products purchased through this website

• Personal use decanting for individual use only is permitted

UNAUTHORIZED RESALE RESTRICTIONS:

• Products purchased through this website are sold for personal use only, not for commercial resale

• You may NOT resell our products purchased through this website as new or unused if packaging has been opened or tampered with

• You may NOT misrepresent the source, authenticity, or condition of our products purchased through this website

• Authorized retail partners are exempt from these restrictions under separate agreements

BRAND PROTECTION:

• You may NOT use our trademarks, brand names, or product names in connection with unauthorized sales of products purchased through this website

• You may NOT create derivative products using our fragrances purchased through this website

• You may NOT represent yourself as an authorized dealer or distributor without written permission

SCOPE OF RESTRICTIONS: These restrictions apply specifically to products purchased directly through this website. Products purchased from authorized retail partners (such as Mecca, David Jones, or other physical stores) are subject to separate terms and conditions as determined by those retailers and applicable consumer protection laws.

ENFORCEMENT AND VIOLATION SEQUENCE:

We reserve the right to enforce these restrictions through the following escalation process:

STEP 1 - WARNING NOTICE:

• First violation: Written warning via email

• Explanation of specific violation and required corrective action

• 7-day period to cease prohibited activity and respond

• Opportunity to provide explanation or dispute the violation

STEP 2 - ACCOUNT SUSPENSION:

• Continued violation or failure to respond to warning

• Temporary suspension of account access (30 days)

• Requirement to acknowledge terms and commit to compliance

• Review of account activity and violation severity

STEP 3 - ACCOUNT TERMINATION:

• Repeated violations or severe initial violations

• Permanent termination of account and service access

• Forfeiture of any pending orders or account credits

• Addition to prohibited customer database

STEP 4 - LEGAL ACTION:

• Commercial-scale violations or trademark infringement

• Legal action for breach of contract and damages

• Pursuit of injunctive relief to stop unauthorized activities

• Reporting to relevant authorities for counterfeit goods violations

IMMEDIATE TERMINATION CIRCUMSTANCES: The following violations may result in immediate account termination without prior warning:

• Large-scale commercial decanting operations

• Counterfeit product creation or distribution

• Trademark infringement or brand misrepresentation

• Fraudulent activity or identity misrepresentation

• Threats or harassment toward our staff or customers

APPEALS PROCESS:

• Customers may appeal enforcement actions within 14 days

• Appeals should be sent to info@goldfieldandbanks.com

• Include account details, violation reference, and explanation

• We will review and respond within 7 business days

Violation of these restrictions may result in any or all of the above enforcement actions, depending on the severity and frequency of the violation.

EXCEPTIONS: These restrictions do not apply to:

• Legitimate resale of unopened, unaltered products in original packaging

• Authorized retail partners with written distribution agreements

• Personal gifts of unopened products in original packaging

Section 6 - Accuracy of Billing and Account Information

PAYMENT ACCURACY: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PAYMENT PROCESSING: We use third-party payment processors to handle all payment transactions. Your payment information is processed securely according to industry standards (PCI DSS compliance).

BILLING DISPUTES: For billing questions or disputes, please contact us at info@goldfieldandbanks.com within 60 days of the charge appearing on your statement.

ORDER RESTRICTIONS: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Section 7 - Shipping and Delivery

We currently offer online delivery to customers in Australia, the United States, Canada, and most of Europe, limited to the countries supported by our logistics partners.

To shop in your local currency, use the currency selector at the top right of the website (or in the side menu on mobile).

Processing Times: Orders are usually processed within 3 business days. Once dispatched, you’ll receive a confirmation email with tracking details (where available). 

Peak Periods: Please note that during periods of exceptional demand, both processing and delivery times may be extended due to higher order volumes or unexpected courier delays. We appreciate your understanding and will always do our best to prepare and dispatch your order as quickly as possible.

Standard Shipping: We offer standard shipping to the US, UK, EU, and Australia. Delivery times vary by location but typically arrive within 2–10 business days after dispatch.

Express Shipping: Express shipping is currently available for Australian orders only. We’ll be expanding express options to other regions soon.

Free Shipping Thresholds

• Australia: Orders over $30 AUD (shipped from Sydney)
• USA: Orders over $30 USD (shipped from Los Angeles)
• EU: Orders over €30 (shipped from Paris)
• UK: Orders over £30 (shipped from Paris)

If it’s been more than 14 days since your order was placed, feel free to contact us. 

 

CUSTOMS FEES

We cover all customs duties and import taxes for international orders (excluding non-EU countries in Europe)

You won’t be charged any additional fees when your order arrives.

If you're ever asked to pay customs or handling fees, please contact us and we’ll help resolve it.

 

CHANGING YOUR ORDER

We aim to send your order out as soon as we can, so changes may not always be possible. If you have made an error with your shipping address or would like to update your order, please send an email to info@goldfieldandbanks.com as soon as you can, and we will be happy to help.

 

ORDER NOT DELIVERED

If you have not received your order within the advised shipping times above, your parcel is damaged, or you have another concern, please send an email to info@goldfieldandbanks.com and we will be happy to assist.

Goldfield & Banks considers an order delivered once it has been marked as such by the courier, whether to the customer or a recipient of their choosing. It is the customer's responsibility to ensure that the shipping address provided is secure and accurate.

Customers must inspect their order upon receipt and notify Goldfield & Banks immediately if any items have been damaged during transit. If the courier confirms delivery—either through their tracking system or a signed delivery slip—no dispute regarding non-receipt will be accepted.

Goldfield & Banks cannot offer refunds or replacements for orders that are confirmed as delivered. The brand is not liable for delivery issues resulting from incorrect address details, lack of a secure delivery location, or actions outside its control, including delays or failures caused by the customer, third parties, or events considered force majeure under applicable consumer law.

Section 8 - Returns and Exchanges

Section 9 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 10 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 11 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 12 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

PROHIBITED USES OF PRODUCTS PURCHASED THROUGH THIS WEBSITE:

In addition to the above website-related prohibitions, you are specifically prohibited from using products purchased through this website for:

(l) rebottling, decanting, or transferring our products for commercial resale or distribution; (m) removing, altering, or tampering with original product packaging, labels, or authentication features; (n) misrepresenting the source, authenticity, condition, or authorization status of our products; (o) using our trademarks, brand names, or intellectual property in connection with unauthorized sales or distribution; (p) creating counterfeit, replica, or derivative products using our formulations or branding.

ADDITIONAL PRODUCT-SPECIFIC PROHIBITIONS: You are specifically prohibited from:

• Operating a decanting business using our products purchased through this website

• Selling samples, portions, or "splits" of our fragrances purchased through this website

• Representing yourself as an authorized dealer without written permission

• Using our products purchased through this website in any commercial fragrance blending or manufacturing

• Reverse engineering or attempting to replicate our formulations

SCOPE OF PRODUCT RESTRICTIONS: These product-related restrictions apply only to products purchased directly through this website (www.goldfieldandbanks.com). Products purchased from authorized retail partners or physical stores are subject to separate terms and conditions as determined by those retailers and applicable consumer protection laws.

We reserve the right to enforce these prohibited uses through our structured violation sequence outlined in Section 5 (Product Use Restrictions). Violations may result in warnings, account suspension, termination, and/or legal action depending on the severity and frequency of the violation.

Section 15 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIABILITY LIMITATION: In no case shall A Fragrance State of Mind Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service.

MAXIMUM LIABILITY: Our maximum liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the specific product or service that gave rise to the claim, but in no case will our liability exceed $1,000 AUD.

JURISDICTION LIMITATIONS: Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 16 - Indemnification

USER INDEMNIFICATION: You agree to indemnify, defend, and hold harmless A Fragrance State of Mind Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 17 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 19 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 - Governing Law

APPLICABLE LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

JURISDICTION: Any disputes arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

DISPUTE RESOLUTION: Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

Section 21 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 - Contact Information

QUESTIONS AND CONCERNS: Questions about the Terms of Service should be sent to us at:

Email: info@goldfieldandbanks.com

Mail: A Fragrance State of Mind Pty Ltd Unit 4/171 William St Darlinghurst NSW 2010 Australia

PRIVACY MATTERS: For privacy-related questions: privacy@goldfieldandbanks.com

DATA PROTECTION: For data protection inquiries: dpo@goldfieldandbanks.com