terms and conditions
We will, from time-to-time, make available to you offers & discounts in the form of a Promo Code or Special Pricing related to your Account with us. These are subject to the terms & conditions communicated to you when the offer is made available.
Welcome Offer - You must be a Registered User of Ben Sherman Australia website to apply the 15% discount to your order. Cannot be used in conjunction with any other offer. Full Price Only, excludes sale items. Promo code can only be used for one transaction per customer. Discount is only valid for one month from date of registration.
Birthday Offer - Not in conjunction with any other offer. Offer available for the duration of your birthday month. Available on full price products at bensherman.com.au online for 30 days. Not available in Ben Sherman wholesale or outlet stores.
Kidswear Collection - Available at bensherman.com.au and selected David Jones stores. Not available in Ben Sherman Outlet stores.
Free Shipping Offer - Free shipping available on all orders at bensherman.com.au for a limited time only.
Summer Sale - Available at bensherman.com.au online for a limited time only. Not available in Ben Sherman outlet or wholesale stores.
Take A Further 10% Off - Available at bensherman.com.au online for a limited time only. Not available in Ben Sherman outlet or wholesale stores.
ABOUT THIS WEBSITE
The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.
INFORMATION AVAILABLE AT THE WEBSITE
Unless expressly stated otherwise, the Content does not:
- Constitute an offer or inducement to enter into a legally binding contract or
- Form part of the terms and conditions for our products and services.
While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods.
Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions, and statements contained in this Website.
By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.
Unfortunately, we are unable to make changes to your order once it has been placed. If you’ve made a mistake with your order, you are welcome to return it to us once it has arrived for a refund. We offer free returns, within the terms of our Returns Policy. We do not offer exchanges for purchases made online.
If you’ve made a mistake with your address, please contact Customer Service. We will make every effort with Australia Post to retrieve your order and update the address details. We can launch an investigation with Australia Post once the items are missing for more than 5 business days.
Please note that all orders purchased using afterpay and Paypal can only be returned for a refund via our online returns process that can be found on Return Policy. Orders made with AfterPay and Paypal cannot be exchanged in-store and must be returned online for a refund.
We use the ANZ Secure Gateway™ service for the secure processing of credit card transactions. We do not store or have access to your credit card details - they are transmitted directly and securely to ANZ Secure Gateway™.
If you are considering sending us any other personal information through bensherman.com.au or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.
AVAILABILITY OF THE WEBSITE
While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.
In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.
You agree that you will not, (either yourself or through any third party):
- Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website
- Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or
- Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses").
- Use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website or
- Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
We may permit you to place Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:
- Use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content and
Sublicense any of those rights to third parties.
You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure.
You must not send any Content or links for inclusion on the Website which in any way whatsoever:
- Is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity).
- Infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy.
- Violates any law, statute or regulation, or constitutes, or encourages conduct that would constitute a criminal offense (including prohibitions on spam messages).
- Is defamatory, libelous, unlawfully threatening or unlawfully harassing.
- Is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent.
- Promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia
- Impinges on any other user’s use or enjoyment of the Website.
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
- Contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).
Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.
The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites.
YOUR CONSUMER RIGHTS
You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
TERMINATION AND SUSPENSION
LIMITATION OF LIABILITY
- Resupplying goods or services to you or supplying equivalent goods.
- Repairing the goods or
- Paying to have the goods or services resupplied or goods repaired.
You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.
Subject to Your Consumer Rights, we are not liable:
- For any loss that was not reasonably foreseeable to you and us at the time you first used this Website.
- For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity.
- To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware) and
- Any loss to the extent contributed to by your negligence or breach.
COPYRIGHT AND TRADE MARKS
Trade marks used on this Website are owned by us or third parties. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.
Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by the Minor.
The law applicable to the Website and to disputes arising out of the Website is the law of the State of New South Wales, Australia.
True Alliance Brands Pty Ltd ABN 80 098 979 803
Last updated – 26/03/2012