TERMS OF SERVICE

WHO IS ELIJAH  – TERMS AND CONDITIONS

1       Introduction

(a)    This website (Site) is operated by WHO IS ELIJAH PTY LTD (ACN 641 759 168) (we, our or us).

2       Use of the Site, Account and Orders

(a)    By placing an order on the Site, you agree to these Terms.

(b)    To be eligible to purchase products on the Site, you must be at least 18 years old and hold a valid credit card.

(c)     You can buy products with or without an account.

(d)    Please make sure your personal information on your account is accurate and up-to-date. We will handle your personal information in accordance with our Privacy Policy. Please also ensure that your account details are private, as you will be responsible for all activity and purchases made with your account.

(e)    You can order products from us through the Site. Placing an order means you are purchasing the product(s) at the listed price, including delivery fees and taxes.  

(f)     Please review order details (products, delivery, pricing) before submitting your order. After you place an order, you will receive an order confirmation email with details of your order.

(g)    Purchases on the Site are subject to availability. We strive to keep products in stock and the Site updated.

(h)    If a product is available for pre-order only, this will be clearly indicated on our Site. Please see the ‘Pre Order’ policy at https://whoiselijah.com.au/pages/pre-order for more information.

(i)     We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

3       Products

(a)    We have made every effort to ensure that all product details, descriptions, and images on the Site are correct at the time the information was entered into the system and as accurate as possible with the products that appear in-store.  

(b)    All prices for our products on the Site are in the currency set out in the listing and any taxes will be set out separately, if applicable.

(c)     The products listed on the Site are meant for personal use only. You must not sell or resell any of these products. We reserve the right, with or without notice, to cancel or reduce the quantity of any products in an order that may result in the violation of these Terms.

(d)    We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction and this may be exercised on a case-by-case basis.

4       Price and payments

(a)    You must pay us the purchase price of each product you order upfront, including any applicable delivery costs as set out in our ‘Shipping, Delivery & Returns’ Policy at whoiselijah.com.au/pages/shipping-returns.

(b)    You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(c)     Payment methods include ShopPay (through Shopify), PayPal, and Google Pay. You acknowledge and agree that we have no control over these providers, and that your use of them may be subject to additional terms and conditions.

(d)    We do not store any credit card details. All payment information is collected and stored through our third-party payment processor, Shopify.

(e)    For international deliveries, you may need to pay customs, charges or taxes in addition to the Price.

(f)     We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(g)    The terms for using promotional codes and participating in competitions will be listed on the Site.

5       Shipping, Delivery and Returns

(a)    Please refer to our ‘Shipping, Delivery & Returns’ Policy at whoiselijah.com.au/pages/shipping-returns.

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Please see the ‘Shipping, Delivery & Returns’ Policy for more information.

6       Limitations

(a)    Despite anything to the contrary, but subject to your rights under consumer law, to the maximum extent permitted by law:

(1)         neither Party will be liable for Consequential Loss;

(2)         each Party’s liability under these Terms will be reduced proportionately based on the other Party’s acts or omissions; and

(3)         our aggregate liability for any Liability arising from or in connection with the Terms will be limited to the Price you pay us for the products.

7       General

(a)    Disputes: Before taking legal action, both Parties agree to meet and attempt to resolve disputes in good faith. If unresolved, the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(b)    Notices: Written notices must be sent to the provided details via standard post or email. Notice is deemed served 48 hours after posting or upon email transmission.

(c)     Force Majeure: Neither Party will be liable for any delay or failure due to a Force Majeure Event, as long as the Party notified the other Party as soon as reasonably practicable in writing about the Force Majeure Event and has made reasonable efforts to minimise the impact.

(d)    Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please contact us and we will take reasonable steps to address any concerns you have.

(e)    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(f)     Amendment: We may, at any time and at our discretion, update these Terms by publishing them on the Site. Before you place an order, please carefully read the terms to ensure you understand and agree to them. Upon our acceptance of an order, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(g)    Governing law: These Terms are governed by the laws of New South Wales, Australia, and both parties submit to the exclusive jurisdiction of the New South Wales courts.

(h)    Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

8       Definitions

(a)    Consequential Loss means any unexpected loss or damage resulting from a breach, act, or omission, regardless of whether it was foreseeable at the time of entering into these Terms. This includes any real or anticipated loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation, use, or data. You agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

(b)    Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

(c)     Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

WHO IS ELIJAH PTY LTD (ACN 641 759 168)

Email: info@whoiselijah.com.au

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