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Terms and Conditions of Use

 

 

These Terms and Conditions (“Terms”) govern your use of our website located at http://www.benjamincufflinks.com.au (“Site”) and form a binding contractual agreement between you as the user of the Site and Benjamin Cufflinks Pty Ltd (ABN 31 118 105 178) (“we / us”).

 

 

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@benjamincufflinks.com.au or during business hours (Queensland) on +61 7 3333 1519.

 

 

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you should not use the Site.

[Version 002 | Effective Date: 1st August 2015]

 

 

1. Warranties

1.1 In entering these Terms, you represent and warrant to us that:-

(a) you have the legal capacity to enter and be bound by these Terms; and
(b) by tendering any methods of payment in respect of an Order placed by you, you are the account holder or have the authority and consent of the account holder of such payment methods.

 

2. Licence to use the Site
2.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
2.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and you may also print one copy of any page within the Site for your own personal, non-commercial use. However, you may not otherwise reproduce or distribute the Site or any of its contents for any purpose without our prior written consent, unless permitted by law.
2.3 You acknowledge and agree that:

(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) we do not guarantee the Site will be operational on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

 

3. Intellectual Property Rights
3.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that we own, or are licensed to use, all intellectual property rights in the Site including Site design, text, graphics, photos and the arrangement of information on this Site.
3.2 We may use third party intellectual property such as company names, logos or trade marks belonging to a third party. However, unless otherwise explicitly stated, such use does not mean that we:-

(a) have any connection, association, partnership or agency with that third party; or
(b) approve, endorse, or recommend such third party.

3.3 Our Site may contain links to third party websites and content. In respect of such links and content, you acknowledge and agree that we do not:-

(a) exercise any control over, or responsibility for, any such third party websites or content; and
    (b) endorse, sponsor or approve any such third party websites or content.

 

4. Placement and Confirmation of Orders
4.1 The payment of the consideration in the amount specified in our Site’s Shopping Cart (“Price”) constitutes your agreement (“Order”) to purchase the goods specified in the Shopping Cart (“Ordered Goods”).
4.2 You will be deemed to have placed an Order when confirmation of payment screen is displayed in the Shopping Cart. Cancellation or amendment of Orders once placed is subject to our Cancellation and Amendment Policy set out in clause 7.
4.3 Order Confirmation. At time of order placement, an automated email will be sent to the email provided. Official confirmation of the Order will be by email the within two business days following the placement of your Order and is conditional upon receipt of payment of the Price.
4.4 Limited quantities. From time to time there may be a high level of demand for, or limitations on the supply or availability of particular goods. In such circumstances, we reserve the right to limit any Orders in respect of such goods to a reasonable quantity. We also reserve the right to limit or cancel any Order that we determine represents a commercial quantity of goods.
4.5 We reserve the right to change our prices or add, modify or withdraw products or change their features without notice.

 

5. Prices and payment
5.1 Unless otherwise stated, all prices displayed on our Site are in Australian dollars (AU$) inclusive of Australian Goods and Services Tax (GST). All orders are charged in AU$. The currency conversion option is indicative only and may not reflect exchange rates used by your financial institution.
5.2 If you are logged in as an International buyer the GST portion of the Price will be removed at the Shopping Cart. However, you will be responsible for any charges relating to currency conversion. We reserve the right to reject:

(a) any payment not received in Australian dollars; and
(b) any order that does not meet our security guidelines.

5.3 We accept the following methods of payment:

(a) Credit Card Payment via our Site Shopping Cart;
(b) PayPal;
(c) Money Order;
(d) Direct Deposit into our bank account;
(e) Personal Cheque.

5.4 The following minimum payment clearance periods apply:-

(a) direct deposit by internet banking transfer – up to 5 business days;
(b) personal cheques and money orders – 6 business days clearance after receipt by our office;

5.5 If paying by money order, direct deposit or personal cheque you must confirm your payment method as soon as possible by email to info@benjamincufflinks.com.au
5.6 All transactions are secured using Secure Sockets Layer (SSL) protocol – SSL encrypts all your personal information, including credit or debit card number, name and address.
5.7 Price-Matching Policy. We are willing to meet our Australian online competitors pricing on the same quality product. All price-matching is subject to our approval, which may be given or withheld at our discretion. In order to qualify for price-matching, you must provide us with any information we reasonably require about the competitor’s offer or pricing to enable us to verify the competitor’s offer.

 

6. Backorders
6.1 You acknowledge and agree that from time to time certain goods may be temporarily unavailable, out of stock or withdrawn from sale.
6.2 If any Ordered Goods are temporarily unavailable, we will notify you in the Shopping Cart prior to placement of your Order. You may still order these goods, however, they will be placed on backorder (“Backordered Goods”).
6.3 Whilst we will endeavour to dispatch Orders for Backordered Goods within 28 business days after the date of your Order, we will notify you of the expected dispatch date for any Backordered Goods.

 

7. Cancellation and Amendment Policy
7.1 You may cancel or amend your Order at any time prior to dispatch. All cancellations and amendments are subject to our approval, and any request for cancellation or amendment must be lodged via our Site.
7.2 Where the Ordered Goods are Custom Items, you may not cancel or amend the Order after we commence production of the Custom Items. (Custom Items will be designated as Backordered in the Shopping Cart.)
7.3 If for any reason the Ordered Goods are unavailable or become Backordered Goods, we will notify you and give you the option to:-

(a) amend the Order to remove the relevant Ordered Goods, with a refund of the Price of the relevant Ordered Goods; or
(b) cancel the Order with a full refund of the Price paid for the Order; or
(c) continue to wait for the backordered items to become available.
7.4 We reserve the right to cancel or limit any Order where:-

(a) any of the Ordered Goods are unavailable or Backordered Goods, and you do not exercise an option under clause 7.3 within 7 days after notification;
(b) we determine that the Ordered Goods, or the price for the Ordered Goods, has been incorrectly displayed or advertised on the Site;
(c) we determine that it would be unlawful for us to supply the Ordered Goods to you;
(d) you place an order for an unreasonably large quantity of goods, or an Order to which clause 4.4 applies; or
(e) we do not receive full payment in cleared funds for the Ordered Goods within 7 days after placement of your Order, or a payment you make is subsequently dishonoured, voided or charged back.

7.5 If we cancel an Order pursuant to clause 7.4:-

(a) we will notify you by email of the cancellation or limitation of the Order; and
(b) you will be entitled to a refund of the Price paid for the affected goods.

 

8. Delivery
8.1 We will only dispatch Orders to the address provided by you at the time of placing the Order.
8.2 We will not dispatch any Order prior to receiving full payment in cleared funds.
8.3 Title and risk in the Ordered Goods passes to you immediately upon dispatch of the Order from our premises.
8.4 You acknowledge that any delivery timeframes displayed on our Site or otherwise notified to you are estimates only. Subject to clause 13, we are not liable for any loss, damage or delay you may suffer arising from late or non-delivery of any Order.
8.5 In respect of Orders for delivery within Australia:-

(a) Orders will be shipped via Australia Post’s Express Post eParcel service (standard or express post), and are subject to Australia Post’s terms of carriage and delivery timeframes. Regular Post timeframes will differ by location. Australia Post guarantees delivery of Express Post items by 5pm on the next business day of despatch within the Express Post network region. If you are outside this region delivery can take 2-5 business days. You can check your postcode on the Australian Post website. (http://auspost.com.au/parcels-mail/delivery-areas.html);
(b) Postage charges will be charged at checkout.

8.6 In respect of Orders for delivery outside Australia:-

(a) Postage and handling to destinations outside of Australia will be charged at a rate calculated for the destination;
(b) Any postage and handling estimate quoted in the Shopping Cart applies to Orders of up to two (2) items, and is subject to our confirmation. Larger orders will be requoted. You may contact us to confirm stock availability and postage charges prior to placing an Order for more than two (2) items.
(c) all international Orders are dispatched via registered international air mail.
(d) International Orders will only be dispatched once the entire stock is available.
(e) you assume all responsibility for any costs associated with customs or other duties in the country of delivery.
8.7 All postage and shipping costs are subject to change without notice. If the postage and shipping costs for an Order change, we will notify you to requote the amended postage and shipping cost.

 

9. Non-Delivery, Loss or Damage in Transit
9.1 If an Order is returned to us due to the incorrect address being provided by you, an additional charge will apply to resend the item.
9.2 If an Order is not delivered to you due to incorrect addressing by us, we will resend the Order at no additional charge.
9.3 Where an order has not been delivered to you:-

(a) you must notify us within 1 month after dispatch.
(b) upon receipt of such notification we will investigate the non-delivery through Australia Post. Please note that Orders for delivery Australia may require 10 business days for investigation. International Registered Post orders may require up to 60 days to investigate.

9.4 We do not guarantee delivery of or replacement of lost items during transit when sent by standard International Post.
9.5 Subject to clause 16, we are not responsible to you or any person claiming through you for any loss or damage to the Ordered Goods in transit caused by any event of any kind or by any person (whether or not we are legally responsible for the actions of that person).
9.6 If the Ordered Goods are damaged in transit:-

(a) you must notify us of such damage as soon as you become aware of it and provide us with such evidence or further information and assistance as we reasonably require to investigate the damage;
(b) we will take reasonable steps, at your cost, to assist you in instituting claims against a carrier for damage sustained to the Ordered Goods provided that you have:-

(1) notified us and the carrier immediately after loss or damage is discovered on receipt of the Ordered Goods.
(2) serves a claim for compensation on the carrier within 3 days of the date of receipt of the Goods.

 

10. Warranty
10.1 We offer a 12 month limited warranty on all Ordered Goods with the exception of NQR stock, which has a One month warranty.
10.2 The Warranty Period commences from date the original Order is placed. The Warranty Period is not extended if we repair or replace goods under the Warranty.
10.3 We warrant that the Ordered Goods will be free from defects in materials and workmanship for the Warranty Period. However, this Warranty does not extend to consumable items included with the goods (such as batteries) or defects or failures in the Ordered Goods arising from:-

(a) use or storage of the goods contrary to any care instructions, labels or warnings provided to you with the goods;
(b) use or storage of the goods in an environment where the goods are subjected to harsh chemicals, solvents, abrasives or cleaning agents, or excessive humidity, liquid, temperature, vibration, dirt or dust; (c) any malicious, negligent or deliberate damage to the goods; or (d) ordinary wear and tear.

10.4 The warranty provided by this clause 10 is subject to clause 13, but is in addition to any rights that you may have under the ACL.

 

11. Refund and Return policy
11.1 Prior to returning any Ordered Goods, you must notify us in writing to info@benjamincufflinks.com.au. Returns must be securely packaged and include your name and address, along with the name of the person who ordered the cufflinks, if different.
11.2 If you change your mind or make the wrong decision or are not completely satisfied with the Ordered Goods, you may return them to us within 14 days after the date of sale.
11.3 Where the Ordered Goods contain faults, have been incorrectly described, are different from a sample shown to you or do not do what they are supposed to do, you may return them to us within 14 days after the date of sale.
11.4 In respect of returns pursuant to clause 11.1 or 11.3, you may choose between:-

(a) a refund;
(b) exchange; or
(c) store credit.

11.5 Refunds will only be paid to the original purchaser.
11.6 Store credit must be used within the timeframe specified on the store credit note, or -if not specified- within 6 months after the date of issue of the store credit note. Any unused store credit amount remaining at the expiry date will be forfeited.
11.7 Any exchanges will incur an additional return postage and handling fee (currently $11 including GST; may change without notice). If the exchanged goods have a higher price than the returned goods, you must also pay the difference in price.
11.8 No refund is given on postage paid as part of your Order and the postage and handling fee will be retained should you cancel the Order at any time after dispatch.
11.9 You will be responsible for the cost of return of items to our store for any reason, including exchange or refund.
11.10 Returns or exchanges are not possible on our Custom Items, except where covered by the 12 month warranty period or where the return or exchange is made pursuant to clause 11.3
11.11 The rights set out in this clause 11 are subject to clause 13, but are in addition to any rights that you may have under the ACL.

 

12. Privacy Policy
12.1 This Privacy Policy applies to all personal information collected by us via the Site.
12.2 How to contact us about privacy. Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us at: info@benjamincufflinks.com.au.
12.3 Collection and Purpose. We may collect personal information from you:-

(a) in the course of your using the Site if you input any personal information;
(b) from cookies stored on your computer or device, which enables us to tell when you use the website and also to help customise your experience on the Site.

We collect personal information in order to:-

(a) provide you with the best service experience possible on the Site;
(b) perform our obligations in respect of Orders that you place on the Site.

Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Site.
12.4 Disclosure. We customarily disclose personal information only to our service providers who assist us in operating the Site and in fulfilling your Order. We will only disclose personal information to an unrelated third party with your consent.
12.5 Access and correction. Under the Privacy Act 1998 (Cth) you have the right to access and correct the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
12.6 Security. We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation
12.7 Transfer of Information out of Australia. The Site is not hosted in Australia. For that reason, we transfer all data on the Site (including all personal information) to our hosting service provider in the United States of America. You hereby consent to this transfer.
12.8 Clickstream Data. Our internet service provider may collect information such as the domain name from which you have connected from, the date, time and pages that you visit and the type of browser you use. This information is used on an aggregate and anonymous basis for statistical and website development purposes only.

 

13. Limitation of Liability
13.1 Subject to clause 13.2 and to the extent permitted by the ACL:-

(a) our sole obligation under these Terms is to use our best endeavours to provide the products or to repair the products or repair or replace (at our discretion) any part of a product which is found to be defective during the 12 month period; and
(b) in no event will we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

13.2 If any products supplied pursuant to these Terms are supplied to you as a 'consumer' of goods or services within the meaning of that term in the ACL:-

(a) you will have the benefit of certain non-excludable rights and remedies in respect of the products or services; and
(b) nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the ACL is so conferred.
13.3 However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s64A of the ACL, our liability will be limited to payment of an amount equal to the lowest of:-

(a) the cost of replacing the goods or supplying equivalent goods;
(b) the cost of repair of the goods; or
(c) the cost of having the goods repaired or replaced.

13.4 Subject to clause 13.2 we are not liable for default or failure in performance of our obligations under these Terms resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond our reasonable control.
13.5 For the purpose of this clause 4, “ACL” means the Australian Consumer Law 2010 (Cth) being Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent state legislation.

 

14. Miscellaneous
14.1 You acknowledge and agree that we may send you any notice required under these Terms by email to the email address registered to your account or provided to us at the time of your Order. Such notifications will be deemed to have been received by you 2 hours after being sent, unless earlier receipt is confirmed.
14.2 You may contact us via your account on the Site, or by emailing info@benjamincufflinks.com.au. In respect of any Order, you must provide the relevant order number or reference.
14.3 We may assign or transfer any of our rights and obligations under these Terms to a third party without your consent. You may not assign, novate or deal with your rights or obligations under these Terms without our prior written consent.
14.4 We may amend these Terms at any time without notice. However, we will notify you if any change to these Terms materially affects a current Order. Your continued use of the Site will constitute acceptance of the Terms as amended from time to time.
14.5 These Terms are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts and tribunals located in Brisbane, Queensland, Australia in respect of any dispute or proceedings arising under these Terms.

 

15. Termination
15.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
15.2 We may otherwise terminate these Terms immediately, on notice to you, if we determine that you have breached these Terms in any way. Termination of these Terms will not affect any rights that we have arising prior to such termination.

 

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