Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to www.benjaminandthemoon.com.au – our website.

If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions, which together with our Privacy Policy (create hyperlink), governs Benjamin and the Moon’s relationship with you in relation to your use of this Website.

We, Benjamin and the Moon, may amend these terms and conditions from time to time, without notice. Any changes made after you have placed an order will not affect the order, unless such changes have been required by law.

You must be over 18 years of age to purchase any items displayed on this Website.

1. TERMS OF SALE

a) Pricing

All prices on this Website are displayed in Australian Dollars (AUD). We reserve the right to vary the prices displayed on this website from time to time, without notice.

Prices do not include shipping or any taxes that may be relevant to your country of purchase. You are responsible for all costs associated with your order including but not limited to, shipping, taxes and bank fees.

b) Purchases

We cannot guarantee the availability of any item ordered and reserve the right to discontinue or change the technical specification of our products from time to time, without notice to you.

c) Payment

Online payments can be made securely on our Website using PayPal or credit card.

You may also pay via direct bank deposit. Please contact us at hello@benjaminandthemoon.com.au to arrange this.

d) Processing of orders

All orders will be processed on Western Australian business days, which are Monday to Friday, excluding public holidays. Goods will not be shipped on Fridays.

e) Delivery

We use Australia Post for all local and international orders.

Benjamin And The Moon is unfortunately unable to ship to the USA or Canada.

All costs associated with the delivery of your order will be payable by you. Such delivery costs will be determined by the weight of the item ordered and will be calculated at check out, in Australian dollars. You will be notified of the total cost of your order, including shipping, after you enter your address but before proceeding to payment.

The time frames for delivery stated below are estimates only. Delivery time may take longer if you live outside metropolitan areas, and during public holidays. Benjamin and the Moon will not be responsible for late deliveries or any direct or consequential loss associated with late deliveries.

Benjamin and the Moon accept no liability for items lost in transit.

It is your responsibility to make sure that you enter in the correct delivery details. Benjamin and the Moon accept no liability for orders delivered to an incorrect address. If your order is unable to be delivered and is returned to us, we will contact you to arrange re delivery at your cost.

Goods are sent without insurance.

Goods paid for via PayPal will be shipped to the address supplied through your PayPal account, so please make sure you have the correct address registered with them.

Within Australia
Australia – wide shipping prices include full tracking and a signature is required on receipt of the parcel.

Delivery Option Estimated Delivery Time

Parcel Post (Standard) 5 – 6 business days

If you are not home to sign for an Australia Post item you will have a limited period of time to collect it from your local post office, they will leave a delivery card with this information for you.

Once your order has been shipped, you will receive an email containing tracking details on how to follow your order’s journey to your door.

Outside Australia
Deliveries outside Australia should arrive within 5-20 business days after the order has been shipped, depending on your delivery address, subject to any customs processing delays. Deliveries to remote areas may take longer. All international deliveries will be sent with tracking where possible – in the rare case this isn’t possible for your particular country we will contact you at the time of dispatch to let you know.

Our first choice for international shipping is Pack & Track International. As the name suggests this includes full tracking. If this is not available for your country we use Registered Post, which has no tracking, and a signature is required on receipt of goods. If this is also unavailable we use Air Mail. This has no tracking and no signature is required.

If you are not home to sign for an Australia Post item you will have a limited period of time to collect it from your local post office, they will leave a delivery card with this information for you.

Delivery Option Estimated Delivery Time

Pack & Track International 5 – 20 business days
Registered Post International 5 – 20 business days
Air Mail 5 – 20 business days

International customers may be required to pay sales tax, duty and/or customs charges. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Benjamin and the Moon will not be responsible for any additional taxes and customs charges that are requested during the shipment of your order.

Once your order has been shipped, you will receive an email containing information regarding delivery method. You will also receive tracking details (if applicable) to enable you to follow your order’s journey to your door.

f) Refunds and exchanges
Our items come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.

Subject always to Australian Consumer Law, we reserve the right to refuse a refund, exchange or order cancellation; it is assessed at our discretion.

Change of mind

Please select your items carefully before purchasing. We do not offer refunds, exchanges or allow cancellation of an order if you change your mind.

Faulty and damaged items

Benjamin and the Moon are not liable for goods damaged in transit.

All items are thoroughly checked before they are sent to you and packaged with the utmost care and protection.

If your item has arrived damaged, or is faulty, please contact us within 3 days of receipt. If the damage or fault has been caused by us, we will liaise with you to ensure such damage or fault is rectified in accordance with Australian Consumer Law.

With regard to jewellery, we strongly recommend you read our Jewellery Care (add hyperlink) page for guidance on how to care for your piece otherwise your product guarantee may be compromised.

g) Cancellation of orders

Benjamin and the Moon may cancel your order if for any reason we are unable to provide you with the item ordered. We will contact you should this occur to offer a full refund or exchange.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

2. CUSTOM ORDERS

We love designing custom pieces.

Please email us at hello@benjaminandthemoon.com.au to discuss your requirements.

Please note that subject to relevant laws and regulations, custom orders may not be returned.

SAFETY

Our products are unsuitable for children under 16 years of age due to small parts and associated choking risk, and risk of strangulation.

Our products are worn or used at the buyers own risk. To the full extent permitted by law, Benjamin And The Moon takes no responsibility for any loss, damages or injury sustained as a result of our products.

Seek medical advice immediately if you have any concerns about you or your child’s health or wellbeing.

5. INTELLECTUAL PROPERTY

Your use of this website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the products and any other items on this site.

All such items including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this site are protected by intellectual property and other laws. You are permitted to use the items only as expressly authorized by Benjamin And The Moon. Any reproduction or redistribution of the items is prohibited unless you have received confirmation from us via email.

6. YOUR PRIVACY

We are committed to protecting your privacy. We use the information we collect about you for genuine business reasons and to maximize the service that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. (create hyperlink)

7. LIMITATION OF LIABILITY

To the extent permitted by law, all express or implied guarantees, warranties, representations or other terms and conditions relevant to your use of this website, but not contained in these terms and conditions are excluded.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Benjamin and the Moon’s liability for any breach of a term of this agreement is limited to: the supplying of the goods to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

8. LINKED SITES

This Website also contains links to other websites, which are not operated by Benjamin and the Moon (the “Linked Sites”). Benjamin and the Moon has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

9. GOVERNING LAW

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and Benjamin and the Moon that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.

The effective date of these terms and conditions is 1 February 2016.

Benjamin And The Moon – ABN 77525588343