BESTON TECHNOLOGIES PTY LTD
ON LINE CUSTOMER CONDITIONS
- These Conditions apply each time you place an Order. By placing an Order, you agree to these Conditions, and on our acceptance of that Order, a contract incorporating these Conditions is created. Please read them carefully.
- These Conditions prevail over all inconsistencies in an Order unless we otherwise agree.
- We reserve the right to change these Conditions at any time.
2. Customer Application and Information
- Any information provided by you in connection with your application as an online customer or placement of any Order must be accurate and complete.
- You must advise us if any information you have provided to us changes.
- Orders for delivery to addresses that are not within our delivery area may not be accepted or may be subject to an additional charge. We will let you know if your Delivery Address is not within our delivery area, or ceases to be within our delivery area.
- You are responsible for the safekeeping of any user name or password provided to you or generated by you for the purposes of placing any Order. We will not be responsible for any unauthorized use of such user name or passwords including in relation to unauthorized purchases.
3. Your Order
- You must place an Order for a particular delivery date before the cut off time for that delivery date published on the Website.
- You may modify your Order at any time up to the cut off time for the delivery date for the Order.
- You must provide all information requested in relation to your Order otherwise, the Order may not be accepted.
4. Substitute Goods
Unless you have indicated in the Order that you will not accept substitute Goods, we reserve the right to deliver substitute Goods if the Goods in the Order are out of stock at the time of processing the Order.
- Delivery times advised to you are estimates only and we are not liable for late delivery or non delivery.
- You may cancel an Order if we are unable to deliver the Goods within [4 days] of any delivery times advised.
- Except where clause 2 applies:
- we are not liable for any loss, damage or delay arising from late or non-delivery of the Goods;
- late delivery or non-delivery does not vary these Conditions or relieve you from your obligations to accept the Goods and to pay for the Goods.
- Delivery of the Goods will be taken to have occurred when delivered to the front door or point beyond which entry into the interior of the building is located at the Delivery Address.
- Any person at the Delivery Address who receives the Goods is taken to be authorised to receive the Goods.
- If we are not able to access the Delivery Address, or no one is present at the Delivery Address, we will try and contact you but, unless at the time of placement of your Order you have provided us with an Authority to Leave the Goods at the Delivery Address, we reserve the right to return the Goods and charge an additional delivery fee or cancellation fee.
- Ownership in the Goods passes on delivery and the Goods shall be at your risk after delivery.
- Any thermal or other storage bags in which the Goods are stored at the time of delivery remain our property and must be returned to us or made available for collection as instructed by us. We reserve the right to charge a fee for any such bags which are damaged, lost, stolen or otherwise not returned or made available for collection by us.
6. Prices And Payment
- Unless otherwise stated, all prices published by us are inclusive of delivery charges and GST.
- Goods in the Order will be charged at the prices published by us at the time of submitting the Order and appearing in our confirmation of the Order unless:
- you modify the Order, in which case, the Goods will be charged at the higher of the prices published by us at the time of submitting the Order and the prices published by us at the time of modification of the Order;
- the Goods are out of stock and you have indicated in the Order that you will not accept substitute Goods, in which case, there will be no charge for the Goods;
- the Goods are out of stock and you have indicated in the Order that you will accept substitute Goods, in which case, the Goods will be charged at the lower of the price for the original Goods published by us at the time of submitting the Order and the price of the substitute Goods published by us at the time of processing the Order.
- We reserve the right to rectify any pricing errors published due to human error, computer malfunction or any other reason. We will notify you of any error in pricing and you may elect not to proceed with any purchase of Goods affected by such error.
- We will provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees at or prior to delivery of the Goods.
- On placement of an Order, you must select your payment method from the payment options offered by us at the time of Order. Unless we otherwise agree, payment must be made by the selected payment method.
- We reserve the right to charge a reasonable administration fee for issuing duplicate invoices, statements or other documents requested by you.
- Your credit card details are stored until the Order process has been finalised. You can elect to save your card details in our secure system, making future transactions quicker. If you don’t save your card details, they will be deleted from our system. We will only show the last four digits of your card number when you check out.
We use Secure Sockets Layers (SSL) technology and industry standard 128-bit encryption in our payment systems.
7. Packaging and Labelling of Goods
We endeavor to provide up-to-date and accurate pictures and information about the Goods. However, we do warrant the accuracy of such pictures or information and recommend that you carefully read all labels on the Goods before consuming them.
- Subject to clause 2, you may not cancel a Contract at any time except with our consent.
- In the event that you cancel a Contract otherwise than under clause 2, you must indemnify us against all Liabilities we incur in respect of such cancellation including in respect of Consequential Loss.
- In the event you cancel a Contract under clause 2, we will refund to you any sums paid in respect of the Goods. We will not have any other liability in respect of such cancellation.
- We may cancel any Contract any time before Goods are delivered by giving notice to you. On giving such notice, we will refund to you any sums paid in respect of the Goods. We will not have any other liability in respect of such cancellation.
9. Credits and Refunds
- You can make a claim for a refund or credit for Goods delivered to you if:
- the Goods do not correspond to the Order;
- the Goods invoiced are not the Goods delivered; or
- the Goods are defective at the time of delivery.
- Email [email@example.com] to lodge your claim. We will assess your claim and if accepted, we will provide you with a credit or refund. We may need to inspect the Goods to assess your claim so you are required to keep the Goods until we notify you that they may be discarded.
- Credit accepted for the value of any Goods under this clause will be applied to your next Order as long as the Order is worth more than the credit. This credit will lapse after 12 months.
10. Australian Consumer Law
- Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Where the Contract under which you purchase the Goods is a Consumer Contract (ie where you are a Consumer):
- the Goods are supplied subject to the Consumer Guarantees; and
- you may only exercise any right or remedy for breach of a Consumer Guarantee strictly in accordance with your rights and responsibilities under the Australian Consumer Law.
11. Our General Liability
- Except to the extent permitted by the Australian Consumer Law, this clause does not limit our liability under Consumer Contracts.
- None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.
- We are not liable in tort for any loss or damage suffered by you or by any third party.
- In no circumstances whatsoever shall we be liable to you or to any other person arising from the Goods following delivery being:
- stored, handled, used or consumed contrary to any directions or recommendations made by us or the manufacturer of the Goods from time to time;
- altered, modified, co-mingled or combined with any other products or ingredients otherwise than in accordance with any directions or recommendations made by us or the manufacturer of the Goods from time to time;
- otherwise subject to inappropriate storage or handling, contamination, misuse, neglect, negligence or damage; or
- used or consumed after any defect in the Goods becomes reasonably apparent.
- In no circumstance whatsoever shall we be liable to you or to any third party for any Consequential Loss arising out of the late delivery of Goods or any failure to perform or observe our obligations under any Contract or Implied Terms and you will keep us fully indemnified against all Liabilities arising from any Claim made against us by a third party for Consequential Loss.
- We are committed to protecting your privacy. We collect personal information to provide and market our products and services and may disclose that information to our contractors who assist us with these activities. We may also disclose personal information to our Related Companies. We will not provide personal information to overseas recipients without consent unless required or authorised by law.
If you do not provide us with any personal information we may request from you, we may not be able to provide you with our products and services or otherwise assist you.
13. Your Breach
- You indemnify us against all Liabilities which we may incur in respect of your breach of these Conditions.
- Any breach or threatened breach of these Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
14. Contact Us
Please email to us any queries, comments or requests for information you may have regarding these Conditions at [firstname.lastname@example.org].
We may give notices to you by email, post or by notices published on our Website. You may give notices to us by email to [email@example.com].
- Unless otherwise provided, a party may in its discretion give (conditionally or unconditionally) or withhold any approval or consent under a Contract.
- A party must not assign or otherwise deal with a Contract or any right under it without the written consent of the other party.
- A Contract covers the entire agreement and understanding between you and us with respect to the subject matter of the Contract and supersede any prior agreement or understanding.
- A waiver of a provision of or right under a Contract must be in writing signed by the party giving the waiver and is effective only to the extent set out in the written waiver.
- The failure, delay, relaxation or indulgence by a party in exercising a power or right under a Contract is not a waiver of that power or right.
- An exercise of a power or right under a Contract does not preclude a further exercise of it or the exercise of another right or power.
- Each indemnity, obligation of confidence and other term capable of taking effect after the expiration or termination of a Contract, remains in force after the expiration or termination of the Contract.
- The validity and interpretation of these Conditions are governed by the laws of South Australia. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of South Australia.
In these Conditions unless the context otherwise requires:
- Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Authority to Leave the Goods means an authority for us to leave the Goods the subject of an Order at the Delivery Address for that Order in a form required or approved by us.
- Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
- Conditions means these terms and conditions.
- Consumer means a “consumer” as that term is defined in Section 3 of the Australian Consumer Law.
- Consumer Contract means a contract for supply of Goods by us to the Buyer as a Consumer.
- Consumer Guarantee means the consumer guarantees under the Australian Consumer Law.
- Consequential Loss means loss of data or profits, loss of anticipated savings, economic loss or interruption of business or any other indirect or consequential loss.
- Contract means a contract for the supply of Goods in accordance with these Conditions, as evidence by our acceptance of any Order.
- Delivery Address means the delivery address specified in an Order.
- Goods means the goods supplied by us by you from time to time and which are the subject of an Order.
- Implied Term means any guarantees, conditions, warranties or other terms implied by any Australian Commonwealth, State or Territory laws (excluding the Australian Consumer Law), or the laws of any other jurisdiction.
- Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
- Order means any order for the supply of goods by us to you from time to time.
- Personal Information means any information which may be used to personally identify an individual.
- Website means the website at [www.bestonmaketplace.com.au] and includes all information tools and other material posted or accessible from that website.
- We, our and us refers to Beston Technologies Pty Ltd ACN 609 939 013 trading as “Beston Market Place”.
- You, yours and yourself refers to any person placing an order for the purchase of goods on the Website and includes a person whose credit/debit card is used in conjunction with the use of the Website.
In these Conditions unless the context otherwise requires:
- headings do not affect interpretation;
- singular includes plural and plural includes singular;
- words of one gender include any gender;
- a reference to a party includes its executors, administrators, successors, agents and permitted assigns;
- a reference to a person includes a partnership, corporation, association, government body and any other entity;
- a provision is not to be construed against us only because we prepared it;
- an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Terms and Conditions;
- the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.