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TERMS & CONDITIONS

Effective from 1 January 2023

Welcome to Elisheva International Pty Ltd as the trustee for Elisheva International Trust (“Elisheva”, “we”, “our”, or “us”).

 

These Terms and Conditions, which incorporate our Privacy Policy and other documents referred to within these Terms and Conditions, govern the supply of any products ordered by you on www.elishevawellness.com (the “Website”) and your use of the Website. Please read these Terms and Conditions, Privacy Policy, Shipping Policy, and Return Policy carefully before using the Website.

 

Introduction and Acceptance

 

By browsing, accessing, using, or ordering a product ("Order") on the Website, you are acknowledging that you have read, understood, and agreed to these Terms and Conditions. It's important to us that you are fully informed about the terms that govern your interactions with us. Therefore, we emphasise the significance of reading and comprehending these terms before proceeding. Your placement of an order is a clear indication that you accept and agree to abide by these Terms and Conditions. If you do not agree with any part of these terms, we kindly ask that you refrain from using the Website or making any purchases through it.

 

We reserve the right to make amendments to these Terms and Conditions at any time without prior notice to you. Continued use of the Website after such changes will be considered as your acceptance of the updated terms. We are committed to keeping you informed about any significant changes and will provide notice of such changes through prominent notifications on the Website.

Website Use and Conduct

 

You must only use the Website in accordance with these Terms and Conditions and any applicable law. Your engagement with our Website comes with the expectation that you adhere to responsible and ethical conduct. Any violation of these guidelines may result in consequences, including but not limited to the suspension or termination of your user account.

 

When using the Website, you must not (or attempt to):

 

  • Interfere with or disrupt the Website or the servers or networks that host the Website;

  • Use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website;

  • Interfere with security-related or other features of the Website;

  • Post the private details of another person or entity;

  • Impersonate or imitate another person or entity;

  • Restrict or inhibit another person from using or enjoying the Website;

  • Exploit the copyright, trademark, or intellectual property rights of us or a third party, unless prior written consent is obtained;

  • Upload, post, email, transmit, or otherwise make available any software that may contain a virus or other information designed to interrupt, destroy, disrupt, corrupt, or limit the operation of the Website; or

  • Engage in any activity likely to cause interference, harm, or disruption to the Website.

 

If you are aware of any breach of these Terms and Conditions, please notify us via email at connect@elisheva.com.au

 

You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:

 

  • Suggesting or implying an association or affiliation with us, or approval and endorsement from us when there is none; or

  • Using illegal, deceptive, or unfair methods.

 

User Accounts

 

Some areas of the Website may require user accounts. You are responsible for maintaining the confidentiality of your account information and password. If you are under 18, you may only use the Website with the involvement of a parent or guardian. You are solely responsible for any actions taken using your account.

 
User-Generated Content

 

You may have the ability to post content on the Website. You agree not to post any content that is unlawful, defamatory, infringing on intellectual property rights, or otherwise objectionable. We reserve the right to moderate or remove content at our discretion.

 
Intellectual Property Rights of Users

 

By submitting content to the Website, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

 
Third-Party Links

 

Our Website may contain links to third-party websites. We are not responsible for the content or actions of these websites. The inclusion of any link does not imply endorsement or association.

 
Information Accuracy 

 

While we strive for accuracy, it's important to note the information about products on the Website is based on material provided by third-party merchants, suppliers, and/or product manufacturers. We cannot be held responsible for errors or inaccuracies resulting from the information provided by these third parties.

 

Due to photographic and screen limitations associated with product representation, some products may vary slightly in visual appearance (e.g., colour) from how they appear on the Website. Additionally, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the received products.

Orders

 

When making an Order, follow the instructions on the Website for making changes to your Order before submitting it.

 

To place an Order, you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only use the Website with the involvement of a parent or guardian. To place an order on the Website, provide complete, accurate, and current personal details.

 

All orders will be accepted at Elisheva’s sole discretion.

 

Upon submitting an order, you offer to purchase merchandise. You must pay for the Order in full at the time of ordering by a payment method we accept on the Website. You must be fully entitled to use the payment method used for purchases. If a service is not available, use another valid payment method.

 

By making an Order, you authorise us to perform credit and security checks and, where necessary, to obtain information about you from third parties, including credit card validation. Failure to charge your payment or declined payments may result in order suspension or cancellation.

 

If we accept your order, you will be sent an Order Confirmation email. We may refuse orders at our discretion. We may cancel orders prior to shipping, for instance, if merchandise becomes unavailable.

 

If you have made a mistake with your Order, contact us immediately. Please note we cannot guarantee changes and fees may apply.

 
Price

 

All orders are priced in Australian dollars.

 

Prices quoted on the Website do not include postage and handling costs.

 

Prices are subject to change at our sole discretion without notice.

 
Cancellations, Returns, and Refunds

 

Cancellations, returns, and refunds on orders are governed by our Return Policy, which also contains important pre-purchase information and safety guidelines.

 
Privacy

 

Your submission of personal information through the store is governed by our Privacy Policy.

 
Dispatch and Delivery (Subject to Our Shipping Policy)

 

We aim to deliver products to you at the requested delivery address within the indicated time as outlined in our Shipping Policy. Delivery timeframes provided are indicative and may vary based on your location and other factors.

 

Please review our Shipping Policy for detailed information on our delivery processes, including estimated delivery times, shipping methods, and any additional terms and conditions related to shipping.

 

We will aim to leave the Order at the address advised by you at the time of purchase. It is your responsibility to ensure timely delivery acceptance in accordance with the guidelines outlined in our Shipping Policy.

 

Please note that Elisheva is not responsible for undelivered merchandise or delays beyond our control, as further detailed in our Shipping Policy.

 

By making a purchase on our Website, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in our Shipping Policy regarding the dispatch and delivery of your order.

 
Title and Risk

 

Title and all risk in the product pass to you upon delivery. If delivery is delayed, risk passes at the expected delivery date.

 

Please take care when opening packages to avoid damage.

 
Rights under Australian Law

 

Your Orders are subject to Australian law, including the Australian Consumer Law.

 

Nothing in these Terms and Conditions excludes your statutory rights.

 

Intellectual Property

 

The Website content, layout, and design, together with trademarks, logos, photographs, images, code, text, and more (Website IP), are for personal reference only. They must not be used without prior written consent.

 

All intellectual property on the Website belongs to Elisheva or relevant third parties.

Do not reproduce, transmit, distribute, sell, modify, or publish material on the Website without consent.

 

Website "As Is"

 

Use of the Website is "as is" and "as available."

 

We do not warrant the Website's accuracy, security, reliability, timeliness, completeness, or fitness for any purpose. We do not guarantee uninterrupted or virus-free access.

 

Elisheva is not liable for errors or omissions on the Website. Elisheva may modify, discontinue, suspend, or limit the Website without liability.

 

Material obtained from the Website is at your risk. Elisheva is not responsible for computer or network damage resulting from downloads.

 
Failure to Comply

 

Failure to comply with these Terms and Conditions may result in suspension of your access to the Website or legal action.

 
Liability and Indemnity

 

Elisheva disclaims representations and warranties, and we exclude liability for information accessed using the Website.

 

Elisheva is not liable for loss, damage, expense, or claim arising from:

 

  • Your Website use;

  • Inability to use the Website;

  • Information deletion, correction, damage, loss, or failure to store;

  • Unauthorised access;

  • Virus transmission;

  • Unauthorised data alteration;

  • Other matters relating to the Website;

  • Breach of these Terms and Conditions by you.

 

You are responsible for your account security and login information. You agree to indemnify Elisheva against claims arising from:

 

  • Your breach of these Terms and Conditions;

  • Your Website access or use;

  • Breach of intellectual property laws.

 
Dispute Resolution

 

In the event of a dispute, parties will negotiate in good faith. Disputes should be lodged with us initially.

 

Severance

 

If any part of these Terms and Conditions is invalid, the remainder applies.

 

Entire Agreement

 

These Terms and Conditions contain all the agreed terms and supersede prior Terms and Conditions.

 
Force Majeure

 

Events beyond our control, such as lightning, fire, flood, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, and more, may hinder our ability to fulfil our obligations under these Terms and Conditions. We will not be liable for any breaches arising from such events.

 
Governing Law

 

These Terms and Conditions are governed by Queensland law. Both parties submit to Queensland courts' jurisdiction.

 
Contact Information

 

We value your inquiries and are committed to providing prompt support. For questions or information about these Terms and Conditions, please feel free to contact us at connect@elisheva.com.au. You can expect timely responses and assistance.

 

We want to express our sincere gratitude for choosing Elisheva. Your understanding and cooperation with these terms are essential in helping us create a smooth and enjoyable experience for you.

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