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Terms of service
Overview
This website is operated by Bencerra, a brand of AD Ecom BV, a private limited company registered in the Netherlands. Throughout this site, the terms "we," "us," and "our" refer to Bencerra / AD Ecom BV. By accessing or using our website and/or making a purchase from us, you agree to these Terms of Service ("Terms"), along with any additional terms, conditions, and policies referenced within them. These Terms apply to everyone who uses the site, including browsers, customers, and anyone submitting content to us.
Please read these Terms carefully before using our website. If you don't agree with any part of them, you should not access the site or use our services.
Section 1 – Eligibility and User Responsibilities
By accepting these Terms, you confirm that you are at least 18 years old, or have reached the age of majority where you live, and that you're legally able to enter into this agreement. You agree to use our products and services lawfully and in line with applicable Australian law, including consumer protection legislation, the Criminal Code Act 1995 (Cth), and relevant intellectual property law. You must not send us any malicious code, worms, or viruses. Breaching these Terms will result in your access being terminated immediately.
Section 2 – General Terms and Conditions
We may refuse service to anyone, at any time, for any reason. Any content you submit (other than payment details) may travel unencrypted across networks. Payment and financial data, however, is always encrypted in transit using industry-standard SSL/TLS protocols and handled in line with PCI-DSS standards.
You may not copy, reproduce, resell, or otherwise exploit any part of our service without our written permission.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We aim to keep the information on this site accurate and up to date, but we can't guarantee it's free from errors or outdated content. Everything on this website is provided for general informational purposes. We may change the content of this site at any time, and it's up to you to keep an eye on any updates.
Section 4 – Changes to Services and Prices
Prices for our products may change without notice. We may modify or discontinue any product or service at any time, with no liability to you or anyone else. Displaying a product on our site isn't a binding offer — it's an invitation for you to make a purchase. A binding contract only forms once we've accepted your order in writing.
Your statutory rights as a consumer under Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), apply to every purchase and are not affected by these Terms.
Section 5 – Products and Services
Some products may only be sold online and in limited stock. We try to display product colours and images as accurately as we can, but we can't promise your screen will show them exactly as they are in real life. We reserve the right to limit who can buy our products, and in which regions, at our discretion.
Product descriptions and prices can change at any time without notice, and we may discontinue a product whenever we choose. Any offer for a product or service is void wherever prohibited by law.
Orders are fulfilled and shipped in accordance with our Shipping Policy. Any customs duties or import taxes that apply are the customer's responsibility, as explained in that policy.
Section 6 – Accuracy of Billing and Account Information
We may refuse or cancel any order at our discretion, and may limit quantities per person, household, or order. If we modify or cancel your order, we'll let you know using the contact details you gave us at checkout.
You agree to give us accurate, current, and complete information for every purchase and for your account. Keeping your billing and contact details up to date is your responsibility. See our Refund and Return Policy for more on this.
Section 7 – Third-Party Tools
We may give you access to tools provided by third parties, such as analytics, chat support, or payment processors, which we don't directly control. These tools are offered "as is" and "as available," without any warranties from us. Using them is entirely at your own risk, and we're not liable for anything arising from your use of them.
Section 8 – Third-Party Links
Our site may link to other websites. These links are there for your convenience and don't mean we endorse those sites. We're not responsible for their content, accuracy, or practices, so we'd recommend checking their own policies before using them.
Section 9 – User Submissions and Comments
If you send us ideas, feedback, or other material ("Comments"), you're giving us an unrestricted, royalty-free right to use, edit, publish, and share that content however we see fit. We don't have to keep your Comments private, and we're not obligated to pay you for them.
You confirm that your Comments won't infringe anyone else's rights — including intellectual property or privacy rights — and won't include anything unlawful, offensive, or harmful. You're responsible for what you submit. We may remove any content we consider inappropriate, at our discretion and in line with applicable law.
Section 10 – Personal Information
How we collect and use your personal information is covered by our Privacy Policy, which forms part of these Terms. By using our site, you agree to the practices described there, including our compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Section 11 – Errors, Inaccuracies, and Omissions
Our website may occasionally contain typos, inaccuracies, or missing information relating to products, pricing, promotions, or availability. We can correct these errors and update or cancel orders affected by them at any time, even after you've placed an order, without prior notice. We're not required to update information unless the law says otherwise.
Section 12 – Prohibited Uses
Alongside anything else stated in these Terms, you may not use our site or its content:
(a) for any unlawful purpose under Australian or international law;
(b) to encourage others to break the law;
(c) to breach any international, national, or local rules or regulations;
(d) to infringe our intellectual property or anyone else's;
(e) to harass, abuse, defame, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload viruses or other malicious code;
(h) to collect or track other users' personal information;
(i) to spam, phish, or scrape data without authorisation;
(j) for anything obscene or immoral;
(k) to interfere with or bypass the site's or the internet's security features.
We may terminate your access if you breach any of the above.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We don't guarantee our service will be uninterrupted, timely, secure, or free of errors. Our service and products are provided "as is" and "as available," without warranties of any kind, to the extent the law allows.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that can't legally be excluded under Australian law, including guarantees under the Australian Consumer Law. Subject to that, our total liability to you under these Terms won't exceed the amount you paid for the relevant product or service.
Section 14 – Indemnification
You agree to indemnify and hold harmless AD Ecom BV, along with its officers, directors, employees, agents, licensors, and service providers, against any claims, damages, losses, or costs (including reasonable legal fees) arising from your breach of these Terms or your use of our website or services.
Section 15 – Severability
If any part of these Terms is found unlawful or unenforceable, that part will be enforced to the maximum extent the law allows, and the rest of the Terms will remain valid and in effect.
Section 16 – Termination
These Terms stay in effect until ended by either of us. You can end them by stopping use of our services and telling us in writing. We may end your access at any time, without notice, if you breach these Terms. Anything owed or incurred before termination will still apply afterwards.
Section 17 – Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy, and Payment Policy, make up the whole agreement between you and us. They replace any earlier agreements or discussions, written or spoken. If we don't enforce a right under these Terms, that doesn't mean we've given it up.
Section 18 – Governing Law
These Terms, and any related agreements under which we provide services to you, are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the Australian courts. If you're a consumer based in Australia, you may also be entitled to bring proceedings in the courts of your own state or territory.
Section 19 – Changes to Terms of Service
We may update these Terms at any time by posting the changes on this page. It's your responsibility to check back periodically. Continuing to use our site after any changes means you accept the updated Terms.
Section 20 – Payment Processing
All payments are securely processed by AD Ecom BV through trusted third-party providers, in line with PCI-DSS standards and applicable Australian financial regulations. See our Payment Policy for full details.
Contact Us
If you have any questions about these Terms, please get in touch:
Email: contact@bencerra.com
Tel: +61283173156
Company: AD Ecom BV
