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TERMS OF SERVICE

Terms and Conditions
This website (www.benni.com.au) is operated by BENNI THE LABEL PTY LTD (ABN 93 665 664 755). 


Kindly review these Terms and Conditions thoroughly. Your use of the website or purchase of products from it will be considered as your acceptance and agreement to these Terms and Conditions. If you disagree with any aspect of these Terms and Conditions, refrain from using the website or making product orders through it. We retain the authority, at our sole discretion, to alter, amend, append, or remove sections of these Terms and Conditions at any given time. It is incumbent upon you to periodically review these Terms and Conditions for modifications, and your ongoing use of this website after such modifications have been published will signify your acceptance and concurrence with these changes.

Specific Terms & Conditions

Items featured on the website may be subject to distinct supplementary terms and conditions, disclaimers, or notifications periodically exhibited on the website (referred to as "Additional Terms"). You consent to peruse any Additional Terms provided on the website concerning any product you decide to purchase. By making a purchase of a product from the website, you will be considered as having accepted and concurred with any applicable Additional Terms linked to that product.


Pricing and product information


Prices and additional product details provided on the website may be adjusted periodically, and such adjustments may occur without prior notice. When you make a purchase, the price displayed on the website (summarized during the 'checkout' process) at the time of placing your order will be applicable. While we make diligent efforts to ensure the accuracy of prices and other product information at the time of publication on the website, we maintain the prerogative to rectify any publication errors and annul orders placed at an erroneous price or with incorrect information.
The prices shown on the website are presented in the currency indicated (based on your location) and might not encompass local taxes, which could be added as mandated by law during the later stages of the billing process.


Payment


Payment methods, as outlined on the website, may undergo modifications. Payment is required promptly upon placing your order. While making an order on the website, you must furnish the requisite information to facilitate the processing of your payment for the order. You affirm that any payment information you furnish is accurate and valid, and you possess the necessary authorization to charge the designated payment method.


In the event that any taxes or duties are requisite for a product ordered through the website, you are obligated to settle the applicable tax or duty in addition to the amount owed for the procurement and delivery of the respective product.


Delivery


We ship our products to most countries, and our prices include shipping costs.
The products you order will be delivered to the specified delivery address. We will dispatch orders as promptly as possible upon receipt. Please note that any delivery dates or times provided at the time of order placement are approximate and do not guarantee delivery by the specified date. Factors such as customs requirements may lead to delivery delays.

Upon request, you must provide reasonable proof of your identity and sign an acknowledgment of receipt when the product is delivered to the specified address. If you are unavailable during the attempted delivery or cannot provide proper identification, the delivery service may retain the product for later pickup by you (if the delivery service is within a reasonable distance from the specified address). You will be notified in such cases, and it will be your responsibility to collect the product at your own expense.


In situations where we reasonably determine that your order cannot be delivered to the specified address due to address validity issues, lack of reasonable access, three unsuccessful delivery attempts, or failure to collect the product within 15 days after notification of its availability for pickup by the delivery service, we reserve the right to cancel the order. The relevant product will be returned to us and made available for sale to other customers. In such cases, we will refund the product price to you, minus packaging and delivery fees, as well as reasonable handling costs.


We retain the right to make partial deliveries of any order. Failure to deliver the complete order does not void the sales contract regarding the products actually delivered. Any delays in delivery do not release you from your obligation to accept or pay for the product. We are not liable for any failure or delay in delivery due to reasons beyond our reasonable control.


If we determine after accepting an order that we are unable to deliver the requested product, we will inform you and have the right to cancel the order. In this scenario, we will promptly reimburse any payments you made for that order.


Orders


Once an order has been submitted, it cannot be modified or canceled without our explicit consent. If we grant permission to modify or cancel your order, you are responsible for covering any losses, damages, expenses, or costs incurred in connection with the alteration or cancellation.


We retain the prerogative to decline any orders placed on the website or restrict the quantity of items purchased. In such instances, we will inform you and refund any payments associated with the canceled order.


We hold the right to annul orders that are acquired with the intention of promoting counterfeit or replicated products. In these situations, we will notify you and refund any payments received for the canceled order.


Liability and disclaimer of warranties
 
To the extent permitted by applicable law, we disclaim all warranties and guarantees, whether explicit or implied, arising under statute, common law, equity, trade customs, or any other source, concerning the website or any products provided by us. This includes warranties or guarantees related to product quality, merchantability, and fitness for a specific purpose.


These Terms and Conditions, along with any Additional Terms, do not exclude, limit, or modify any rights, remedies, guarantees, warranties, or other terms or conditions that are implied or imposed by laws, such as those under the Australian Consumer Law, where such exclusion or limitation is not lawful. To the maximum extent permitted by applicable law, our liability for any failure to meet such rights, remedies, guarantees, warranties, or other terms or conditions is limited to (at our discretion): for goods, the replacement of the goods or provision of equivalent goods, repairing the goods, covering the cost of replacing the goods or acquiring equivalent goods, or covering the cost of repairing the goods; and for services, supplying the services again or reimbursing the cost of having the services supplied again.


Except as specified in this section, to the maximum extent allowed by law, our cumulative liability, whether in contract, tort (including negligence), or any other legal theory, in connection with products provided to you or your placement of orders on the website, will be limited to and in no circumstances will exceed the price of the product involved. However, we will not be liable to you (whether in contract, tort, including negligence, or otherwise) for any loss of income, revenue, income-generating opportunities, data, goodwill, reputation, anticipated savings, or any indirect or consequential loss or damage (even if the possibility of such loss or damage was known) resulting from any products provided to you or your use of the website, including placing orders.


These limitations and exclusions outlined in this section do not apply to our liability (if any) for deliberate misconduct, fraud, or gross negligence.


Products damaged in transit


It is imperative that you inspect the products upon delivery. Should you suspect any damage to a product during transit, you are required to promptly inform us by using the contact information provided in the "Contact" section of the website within 7 days of receiving the products (or collecting them from the delivery service). Failure to report such damage within this specified timeframe will result in the presumption that the product was received in good condition, and you will forfeit any claims regarding potential transit-related damage.


This section does not invalidate, restrict, or alter any rights, remedies, guarantees, warranties, or other terms or conditions implied or imposed by legislation that cannot be lawfully excluded or limited (including those under the Australian Consumer Law).


Returns and refund policy
 
We adhere to our Returns Policy when processing returns and issuing refunds. However, if we have reason to believe that the products you purchased were intended for market research, replication, or use in unauthorised marketing activities, we retain the discretion to decline the return of such products and/or withhold a refund.


Please note that this section, along with the Returns Policy, does not eliminate, curtail, or amend any rights, remedies, guarantees, warranties, or other terms or conditions implied or mandated by legislation that cannot be lawfully excluded or limited (including those governed by the Australian Consumer Law).


Website content and product designs


Unless specified otherwise, we or our licensors own the website, as well as all the information and materials found on or within it, encompassing text, graphics, logos, icons, and software, which are safeguarded by intellectual property rights. You are allowed to download and print material from the website, but exclusively for your own personal, non-commercial use. With the exception of what's permitted by non-excludable applicable law, no segment of the website (including any information or material on the website) may be duplicated, copied, published, adapted, framed, or transmitted by any means or form without our prior written consent. Requests for permission should be directed to us via hello@benni.com.au. We hold onto all rights in the website and its contents that are not explicitly granted to you in these Terms and Conditions.


You concur not to employ the website or any products purchased from us in the creation of products that replicate any of our product designs.


Furthermore, you commit not to employ the website or any of its content for any purpose that is unlawful or contravenes these Terms and Conditions, or to solicit or encourage unlawful activities or any activity that violates the rights of BENNI. or others.


In the event that you provide us with suggestions regarding the website or our products, and we decide to adopt them, they will automatically become our exclusive property, and you shall have no claim to confidentiality regarding them.


Licence to use your posts


If you decide to post an image or video featuring any of our products (referred to as "Post") on your Instagram page and tag @benni.au, you agree to the following:
You grant us an enduring, royalty-free, worldwide right and license to share and repost the Post on our Instagram page and to utilize, replicate, modify, adapt, create derivative works from, publish, distribute, and display the said Posts in any media and through any means, as required for our promotional endeavors, from time to time. You also authorize us to allow others to do the same on our behalf.
You give your consent for us to use and publish (and to allow others to use and publish) your name, image, likeness, or any identifying elements contained within the Post, for the aforementioned promotional purposes.


You assure us that you have acquired all essential licenses, consents, and approvals concerning the Post, which includes intellectual property licenses and permissions relating to the use of the name, image, likeness, or any other identifiers of any other individual featured in the Post. These permissions permit us to engage with the Post in the manner described above.


Should you ever have a change of heart regarding our use of a particular Post, it is your responsibility to get in touch with us. We will then make reasonable efforts to remove the content, where feasible.


Gifted Items


When using a Gifting Code to order products through our website or to request or receive gifted items from us, you acknowledge and agree to the following:
We may retain and utilize your contact information and personal details for the purpose of communication. You consent to the possibility of us sharing this information with a third-party agency for communication on our behalf.


You agree to ensure that either yourself or the client you represent uses the label #ad on all content, imagery, or media that features the gifted product or products.
By doing so, you grant us a royalty-free, perpetual, worldwide right and license to use, reproduce, copy, modify, adapt, create derivative works from, publish, distribute, and display such content, imagery, or media. This includes the right for us to use this content on our social media pages, in email marketing, and for paid advertising. We commit to removing such content upon request wherever it is reasonably possible to do so.


You consent to our use and publication (as well as authorization for others to use and publish) your name, image, likeness, or any identifying elements contained within the content, imagery, or media featuring our product for the above-mentioned purposes.


You warrant that you have obtained all required licenses, consents, and approvals concerning the content, imagery, or media, which includes intellectual property licenses and permissions related to the use of the name, image, likeness, or any other identifiers of any other individuals featured in it, allowing us to utilize the content, imagery, or media in the manner described above.


Privacy:

We will collect and manage your personal information in accordance with our Privacy Policy, accessible at https://benni.com.au/pages/privacy-policy. Please be aware that internet transmission may not be completely private or secure and could potentially be intercepted by others.


Indemnity


You agree to hold us harmless for any and all forms of loss and damage, including but not limited to indirect or consequential losses, incurred by us as a direct or indirect consequence of your actions that are inconsistent with or in violation of any aspect of these Terms and Conditions or any Additional Terms. This includes any losses or damages arising from or related to your use of this website.


Waiver


Our failure to demand rigorous adherence to any provision, warranty, or condition outlined in these Terms and Conditions or any Additional Terms should not be construed as a waiver of that provision or any of our rights. Moreover, no waiver should be regarded as a waiver of any future violation of any provision, warranty, or condition.


Applicable law


These Terms and Conditions, along with any Additional Terms, are subject to the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the New South Wales courts, including higher courts to which appeals may be made, for the resolution of any disputes arising from or related to these Terms and Conditions, Additional Terms, the website, or any orders you make on the website.


Changes to these Terms and Conditions


Periodically, we may make alterations, adjustments, additions, or deletions to these Terms and Conditions and any Additional Terms. We will do so by posting the revised version on the website. Your continued use of the website following any such modifications will signify your acceptance of these changes.


If any portion of these Terms and Conditions or any Additional Terms becomes void, it will not impact the validity or enforceability of the remaining provisions. In such cases, the void section will be replaced with provisions that are valid and as closely aligned as possible with the intended effect of the voided part.

Contact details


If you have any questions about these Terms and Conditions or the website, please contact us at hello@benni.com.au.
Updated Oct 2023

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