Legal Entity: EL-NENO Pty Ltd

ABN: 39636182057

Directors ID: 036141642139487

Welcome to Beni Fabrics. These Terms & Conditions (“Terms”) and Privacy Policy (“Policy”) govern your access to and use of the website benifabrics.com (the “Site”) and any purchases of goods (the “Products”) made via the Site.

By using our Site, you agree to be bound by these Terms and acknowledge our Privacy practices. If you do not agree, please do not use the Site.

Section 1 – Scope & Applicability

1. These Terms apply to all use of our Site and to any orders placed through it.
2. The Privacy Policy applies to all personal information collected and processed by us.
3. We may update these Terms and Policy at any time. The latest version posted on the Site is binding.

Section 2 – Ordering & Payment

1. To place an order, you must provide accurate, up-to-date billing, shipping, and contact information.
2. Payment must be made at the time of purchase using accepted payment methods (as shown at checkout).
3. All prices are in [currency] and include/exclude taxes as indicated. Any duties or customs fees are the customer’s responsibility.
4. We reserve the right to cancel or refuse any order, for example in cases of suspected fraud or stock errors.

Section 3 – Shipping, Delivery & Risk

1. Products will be shipped to the delivery address provided. Please ensure details are correct.
2. Delivery times are estimates only; delays may occur beyond our control.
3. Risk passes to you once the Products are delivered.

Section 4 – Returns, Refunds & Exchanges

1. Our Returns & Refund Policy governs return eligibility. Generally, items must be unused, in original condition, and returned with tags/packaging.
2. You are responsible for return shipping costs unless the item is defective or incorrect.
3. Refunds (if approved) will be made via the original payment method.

Section 5 – Product Information & Availability

1. We make every effort to describe and display Products accurately. However, we cannot guarantee that your device display matches actual product colors.
2. Product availability may change without notice. We may limit quantities sold.

Section 6 – Intellectual Property

1. All content on the Site (text, graphics, logos, photos, product descriptions, etc.) is owned by or licensed to Beni Fabrics (EL-NENO Pty Ltd).
2. You may not reproduce, copy, sell, or otherwise exploit any part of the Site or its content without prior written consent.
3. By submitting reviews, feedback, or photos, you grant us a royalty-free license to use that content in marketing or promotional material.

Section 7 – User Responsibilities & Prohibited Uses

You may not use the Site to:

• Engage in unlawful, fraudulent, or harmful activity.
• Upload viruses, malware, or malicious code.
• Interfere with the security or operation of the Site.
• Violate the rights of others, including intellectual property rights.

Section 8 – Warranties & Liability

1. The Site and Products are provided “as is” and “as available” without warranties of any kind, except those required by law.
2. To the maximum extent permitted by law, Beni Fabrics shall not be liable for indirect, incidental, or consequential damages (including loss of profits, revenue, or data).
3. Our liability shall not exceed the purchase price of the Products concerned.

Section 9 – Indemnity

You agree to indemnify and hold harmless EL-NENO Pty Ltd (trading as Beni Fabrics), its directors, officers, employees, and partners from any claims, damages, or costs (including legal fees) arising from your breach of these Terms.

Section 10 – Force Majeure

We are not liable for delays or failures caused by events beyond our control (e.g. natural disasters, strikes, supply chain disruptions).

Section 11 – Privacy Policy

11.1 Collection of Data

We collect personal information when you:

• Browse our Site
• Place an order
• Subscribe to our mailing list
• Contact our support team

The types of data we may collect include:

• Name, email, phone number, shipping and billing address
• Payment details (processed securely via third-party providers, not stored by us)
• IP address, browser data, and analytics

11.2 Use of Data

We use your information to:

• Process and deliver orders
• Communicate with you about orders, services, and promotions
• Improve our Site and customer experience
• Comply with legal obligations

11.3 Third-Party Services

We may share data with third-party providers strictly to enable payment, shipping, analytics, or marketing services. Each third-party service has its own privacy practices.

11.4 Cookies

We use cookies to improve your browsing experience, personalize content, and track analytics. You can adjust cookie settings in your browser.

11.5 Data Retention & Security

We keep personal data only as long as necessary to fulfill our services and legal obligations. We take reasonable steps to protect your data but cannot guarantee absolute security of electronic transmissions.

11.6 Your Rights

Depending on your jurisdiction, you may have rights to access, correct, or delete your personal data. To exercise these rights, contact us at support@benifabrics.com.

Section 12 – Severability & Waiver

If any provision of these Terms is found invalid, the remainder shall remain enforceable. Failure to enforce any right is not a waiver.

Section 13 – Termination

We may suspend or terminate your access to the Site at any time. Termination does not affect accrued rights or obligations.

Section 14 – Governing Law & Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland for any disputes.

Section 15 – Contact Information

For questions about these Terms & Policy, please contact:

Beni Fabrics (EL-NENO Pty Ltd)

Email: hello@benifabrics.com

Address: 56 Seagull Avenue, Mermaid Beach

ABN: 39636182057

Directors ID: 036141642139487