The Beit e’Shai online store located at www.beiteshai.com (the Online Store) is operated by Beit e’Shai Pty Ltd (ABN 37 657 225 422) (Beit e’Shai, we, our, or us), and is hosted by Big Cartel.
The terms & conditions below (the Terms) apply to any person who uses, and/or purchases goods from, the Online Store, and will prevail over all conditions of your order (if any) to the extent of any inconsistency.
Please read the Terms carefully. By placing an offer to purchase goods via the Online Store, you signify you have read, understood and agree to be bound by the Terms.
If you do not agree with the Terms, as amended from time to time, in whole or part, you must terminate your use of the Online Store, and you must not purchase goods from the Online Store.
SALE OF GOODS
Beit e’Shai sells and offers for sale certain products via the Online Store (Goods).
By placing an order for Goods (Order), you are offering to purchase the Goods on, and subject to, the Terms. You cannot cancel or change an Order once you make it.
You agree and acknowledge that:
• each Order you place will be a separate and binding agreement between you and us with respect to the supply of the Goods;
• we are not obliged to accept an Order, and we reserve the right to accept or reject an Order for any reason at any time;
• we reserve the right to restrict the quantity of Goods for any Order; and
• all Orders are subject to availability.
If we reject an Order, or we are not able to fulfil an Order, or any part of an Order, after your payment has been processed, we will refund you the debited monies to the same card on which you made payment.
PRICING & FEES
The prices of Goods are specified on the Online Store (Price/s). Unless otherwise stated:
• Prices are subject to change without notice or explanation; and
• Prices are separate and distinct from shipping and delivery fees.
Currently, Beit e’Shai is not registered for GST, although this may change in the future. We will notify you if GST is payable on the Goods.
Payment for the Goods, and any applicable delivery and/or handling fees, must be paid in full at the time an Order is placed.
All payments through the Online Store are processed through the payment gateway provided by Stripe. You must ensure that the financial information you provide Stripe for the purposes of purchasing Goods via the Online Store is accurate, complete and up to date.
By purchasing Goods via the Online Store, you agree to be bound by Stripe’s terms and conditions (available at https://stripe.com/au/legal#direct-debit), and acknowledge we are not liable for any loss (including consequential loss), claims or damages you incur as a result of or in connection with your use of Stripe’s services.
We may offer promotional discount codes to be used on all or part of the Online Store.
Any offer we make with respect to promotional discount codes will be subject to specific conditions which we will make available at the time of offer.
SHIPPING AND DELIVERY
Delivery fees and charges include GST where applicable, and will be notified to you before, or at the time of, sale.
We deliver Goods to all destinations within Australia.
Order will be dispatched between 1-3 working days after we receive cleared funds. The postage time will depend on your location. Generally speaking, we recommend you allow up to 5 working days for regular post and up to 2 working days for express post from dispatch date. Please note these time periods are intended to be an estimate only and may be subject to change.
Subject to all applicable laws:
• we are not responsible to you, or to any person claiming through you, for any direct or indirect loss or damage you or they suffer or incur where Goods are not delivered, or are not delivered within the estimated time frames; and
• we are not responsible to you, or any person claiming through you, for any direct or indirect loss or damage to Goods in transit caused by any event of any kind or by any person.
You agree and acknowledge that by purchasing Goods via the Online Store, we may use your name and email address:
• to send you promotional and marketing information about our products;
• to provide you with our products, including accepting and processing your orders, delivering orders and providing refunds;
• to develop, improve and marketing our products;
• to conduct consumer insights so we can better understand your preferences and interests; and
• to perform administrative and operational functions.
We will handle your personal information in accordance with the Privacy Act 1988 (Cth) if we are subject to that Act.
You can opt-out from being contacted by us for promotional and marketing purposes by emailing us at firstname.lastname@example.org.
TITLE AND RISK
Title in the Goods for each Order will not pass to you until we have received payment for the Goods (and all related costs for the Order) as cleared funds.
Risk in the Goods will pass to you when the Goods leave our premises for shipping and delivery. This means that we will not be responsible to you, or to any person claiming through you, if the goods are lost or damaged after they leave our premises. To mitigate your risk, we suggest you consider insuring the Goods against risks of this nature. If you would like to purchase transit insurance for loss or damage to the Goods, please contact email@example.com and we will include this option in your delivery options.
REPAIR, REPLACEMENT OR REFUNDS
We will not provide refunds for changes of mind.
Goods come up with guarantees that cannot be excluded under the Australian Consumer Law. In certain circumstances (as detailed below), you will be entitled to a refund, or to have the Goods repaired or replaced.
If you request a refund from us because you believe the Goods fail to meet a consumer guarantee (Defect Notice), then:
• if a minor fault is established, we will replace the Goods or refund you the money paid for the Goods within a reasonable time of receiving a Defect Notice;
• if a major fault is established, you may elect to request a refund or a replacement, or receive a refund. You will also be entitled to compensation for any other reasonably foreseeable losses or damage.
Before we can replace Goods or issue you a refund, we will need to assess the Goods. You will bear the initial costs associated with returning the Goods to us for assessment. We will compensate you for your reasonable postage and packing costs if we are satisfied the Goods are faulty, subject to you providing us with proof of the postage and packing costs you incurred in returning the Goods to us. Before you return the Goods to us, we will provide you with an estimate of any transport or inspection costs that will apply if we determine the Goods are not faulty.
We will refund you any money payable to you in accordance with this section to the same account from which you made the original payment.
INTELLECTUAL PROPERTY RIGHTS
Ownership of Goods
We own or are the licensee of all intellectual property rights (including without limitation copyright, designs, patents, trade marks, whether existing or future and whether registered or unregistered, and all existing or future rights to apply for such rights) in, or relating to, the Goods.
Unless you obtain our prior written consent, you must not reproduce, or pass off as your own, any Goods offered or sold by us.
Online Store Content
We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to the Website, and in the material (including all text graphics, logos and software) made available to you in providing the Online Store (together, Online Store Content).
You are authorised to download, view and print the Online Store Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain our prior written consent if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Online Store Content for any other purpose.
You agree and acknowledge that your use and access of the Online Store does not grant or transfer any rights in or to the Online Store.
THIRD PARTY LINKS
The Online Store may contain links to websites, other apps or social media platforms that are operated by third parties (together, Third Party Links).
Third Party Links are provided for convenience only and may not remain current or be maintained.
You agree and acknowledge that we do not control, endorse and are not responsible for:
• the availability of Third Party Links;
• the content provided on Third Party Links; and
• the data collection and handling practices of third parties who operate Third Party Links.
We will take reasonable steps to ensure supply of the Online Store is secure. However, given the nature of the Internet, we cannot guarantee that your access to the Online Store will be secure at all times.
You acknowledge and agree that you are solely responsible for:
• the security, confidentiality and integrity of all information or data uploaded, downloaded or otherwise communicated while accessing the Online Store;
• keeping all passwords and usernames (if any) secure and confidential; and
• protecting any device you use to access Website from all security breaches and viruses (or any similar damaging components).
To the fullest extent permitted by all laws, you acknowledge and agree that
• we retain complete control over the Online Store and we may in our sole discretion alter, amend or cease the operation of the Online Store without notice, explanation or justification;
• we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Online Store;
• we make no warranty or representation that the Online Store will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
• we may remove any content, material and/or information; and
• we are not responsible or liable for the conduct of any third party, including other users of the Online Store, Big Cartel and/or Stripe.
LIMITATION ON LIABILITY
To the fullest extent permitted by all laws, you acknowledge and agree that:
• we are not liable to you or to anyone else for any loss or damage you may suffer or incur in connection with your access or use of the Site, except to the extent we directly caused or contributed to the loss.
• we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
• we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
Nothing in these Terms is intended to limit or exclude your consumer guarantees under the Australian Consumer Law.
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Online Store, any Goods, your breach of the Terms or your breach of any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
CHANGES TO THE TERMS
We may, from time to time, amend the Terms, in whole or part, in our sole discretion. Any changes to the Terms will be effective immediately upon the posting of the revised Terms on the Online Store.
Depending on its nature, we may announce the change on the Online Store home page or by email (if we have your email address). However, in any event, by continuing to use the Online Store and/or other services provided by us following any changes, you will be deemed to have agreed to such changes.
If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.
JURISDICTION AND GOVERNING LAW
These Terms are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the exclusive jurisdiction of the courts of Victoria.
OUR CONTACT DETAILS
Beit e’Shai Pty Ltd.
ABN: 37 657 225 422
Please send any questions regarding the Terms to firstname.lastname@example.org