TERMS + CONDITIONS

Thank you for shopping at Booie and Ben.

Please read through our Terms and Conditions carefully before proceeding to the checkout.

If you have any queries, please contact our friendly team at studio@booieandben.com.au.

General

These Terms and Conditions, which include our Shipping, Return and Privacy Policy, set out the terms of the agreement between you and Booie and Ben. By using our web site you unreservedly accept these Terms and Conditions, and you agree that your use of our web site, including any purchase of goods from us, is subject to the terms thereof.

Product Representation

Booie and Ben strive to ensure that every item in our collection is represented truly and accurately on our website. However, actual colours may vary slightly from those displayed, depending on your computer, tablet or phone display settings.

In some cases, the products we offer for sale are hand-made or made from natural or organic materials. Therefore, there may be small variations between the product image(s) displayed on our site and the product(s) you receive.

Booie and Ben shall have no liability to any entity with respect to any inaccuracy, misleading information, loss or damage caused directly or indirectly by the information contained on this site. We reserve the right to correct and amend inaccurate information and are not bound in any way through the publication of incorrect information to honour or commit to obligations as a result of those inaccuracies. The information contained on our site is general in nature and is not an endorsement of any particular product.

Your order

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is completed. The sale contract is therefore concluded.

Prices, payment and GST

All prices displayed on our web site are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by Visa, MasterCard, and PayPal.

The retail price for each product is shown alongside the sale price for your reference. Prices are subject to change effective immediately upon posting to our web site or other form of notification.

Payment security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a consumer’s card is used fraudulently.

Liability

To the extent permitted by law, we, Booie and Ben, and third parties connected to us hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by the full coverage of applicable law.
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our web site, products or services or in connection with the use, inability to use, or results of the use of our web site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our web site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:

  • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, Booie and Ben, our employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our web site, or any other products or services accessed via our web site.

Intellectual property

Booie and Ben are the owner of all intellectual property rights on our web site, and in the material published on it. Those works are protected by intellectual property laws. All such rights are reserved.

You must not use any part of the materials on our web site for commercial purposes without obtaining written approval from Booie and Ben. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.

Force Majeure

Booie and Ben shall not be liable for any failure to perform any or all of its obligations under the agreement arising from any inability to secure or procure at a reasonable cost, labour, materials or other supplies of any kind or any act of God, war, strike, lockout or other labour dispute, fire, flood, drought, equipment failure, legislation, order of public authority or any other cause whatsoever beyond its control.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our web site. Any changes are effective immediately upon posting to our web site. Your continued use of our web site thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our web site.

Consumer Information

If you have any queries or concerns regarding any material or products that appear on our web site, please email studio@booieandben.com.au