Welcome to BEHR & CO.

These Terms of Service govern your use of the BEHR & CO website and your purchase of products from us. By accessing our website or placing an order, you agree to be bound by these Terms, together with our Privacy Policy, Shipping Policy and Return & Exchange Policy.

Please read these Terms carefully before using our website or placing an order.

 

1. About BEHR & CO.

This website is operated by BEHR & CO., based in Melbourne, Victoria, Australia.

Throughout these Terms, "BEHR & CO", "we", "us" and "our" refer to BEHR & CO.

Our website is hosted by Shopify, which provides the e-commerce platform that allows us to sell our products online.

 

2. Using Our Website

You agree to use our website lawfully and responsibly.

You must not use our website:

• For any unlawful or fraudulent purpose
• To infringe the rights of BEHR & CO or any third party
• To interfere with the operation or security of our website
• To introduce viruses, malware or other harmful code
• To attempt to gain unauthorised access to our website, systems or accounts
• To copy, reproduce, scrape or commercially exploit our website or its content without our written permission

We reserve the right to restrict or terminate access to our website where we reasonably believe that these Terms have been breached or the website is being misused.

 

3. Products and Product Information

We make reasonable efforts to ensure that product descriptions, dimensions, images, colours and other information displayed on our website are accurate.

However, our products may be made from natural materials or may be handmade. As a result, variations in colour, texture, grain, veining, finish, tone and other characteristics may occur.

These variations are a natural characteristic of materials such as marble, stone, brass, linen and other natural or handcrafted materials and may mean that the product you receive differs slightly from the images displayed on our website.

We do not consider natural variations or handmade characteristics to be defects where they are consistent with the description of the product.

We reserve the right to update product information, discontinue products and correct genuine errors in product descriptions or pricing.

 

4. Pricing

All prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.

Prices may change from time to time. Any price change will not affect an order that we have already accepted and confirmed, except where a genuine pricing or listing error has occurred.

We make reasonable efforts to ensure that pricing displayed on our website is accurate. If a genuine error results in a product being offered at an obviously incorrect price, we may contact you before processing the order and provide the option to proceed at the correct price or cancel the order.

 

5. Orders

When you place an order through our website, you are making an offer to purchase the selected products.

An order confirmation email confirms that we have received your order. It does not necessarily mean that your order has been accepted.

We reserve the right to decline or cancel an order in circumstances including, but not limited to:

• A product being unavailable
• A genuine pricing or product information error
• Suspected fraudulent or unauthorised activity
• An error in the shipping or payment information
• Circumstances where we are unable to fulfil the order

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order.

We may limit quantities purchased where reasonably necessary, including in circumstances involving suspected resale, commercial purchasing or unusually large orders.

 

6. Payment

Payment must be successfully received before an order can be processed.

We accept the payment methods displayed at checkout.

You agree that all information provided in connection with your purchase is accurate and complete and that you are authorised to use the payment method provided.

Payment information is processed through our payment providers. BEHR & CO does not ordinarily have access to your full payment card details.

 

7. Shipping and Delivery

Shipping options, costs and estimated delivery timeframes are provided at checkout.

We offer Standard and Express shipping options where available, as well as international shipping to selected destinations.

Further information regarding delivery, shipping timeframes, international orders and damaged parcels is available in our Shipping Policy.

Once an order has been dispatched, delivery is handled by the relevant shipping carrier. Delivery timeframes are estimates and may be affected by circumstances outside our control.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law in relation to delivery or products purchased from us.

 

8. Returns, Exchanges and Change of Mind

Our Return & Exchange Policy sets out our requirements for returns and exchanges, including change-of-mind returns.

Nothing in our Return & Exchange Policy or these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

 

9. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights apply in addition to any other rights or warranties that we may provide.

 

10. Natural Materials and Handmade Products

Many BEHR & CO products are made using natural materials and/or handcrafted processes.

Materials such as marble, travertine, brass, stone and linen can naturally vary from one piece to another.

Variations may include:

• Colour
• Veining
• Texture
• Grain
• Tone
• Surface characteristics
• Minor variations in dimensions
• Other characteristics associated with natural or handmade materials

Where these characteristics are described or represented as part of the product, they are considered part of the nature of the product rather than a defect.

However, this section does not affect your rights under the Australian Consumer Law where a product does not meet a consumer guarantee.

 

11. Intellectual Property

All content on this website, including but not limited to:

• Product photography
• Images
• Videos
• Logos
• Brand names
• Product names
• Written content
• Graphics
• Website design
• Text and other materials

is owned by or licensed to BEHR & CO and is protected by applicable intellectual property laws.

You may not reproduce, modify, distribute, publish, sell or commercially exploit our content without our prior written permission.

 

12. User Reviews and Submissions

If you submit a review, photograph, testimonial, comment or other content to BEHR & CO, you confirm that you have the right to provide that content and that it does not infringe the rights of another person.

By submitting content to us, you grant BEHR & CO a non-exclusive, royalty-free licence to use, reproduce, display and publish that content for purposes relating to our business and marketing.

We may remove or decline to publish content that we reasonably consider inappropriate, unlawful, misleading, offensive or unrelated to our products or services.

We will not knowingly use customer content in a manner that is misleading or deceptive.

 

13. Third-Party Websites and Services

Our website may contain links to third-party websites, applications or services.

These third-party websites and services are operated independently from BEHR & CO. We are not responsible for their content, availability, policies or practices.

Your use of third-party websites or services is subject to their own terms and policies.

 

14. Website Availability and Errors

We make reasonable efforts to keep our website available and operating correctly. However, we do not guarantee that the website will always be available, uninterrupted or free from errors.

From time to time, our website may be unavailable due to maintenance, technical issues, updates or circumstances outside our control.

We may make changes to our website, products, services or content from time to time.

 

15. Privacy

Your personal information is handled in accordance with our Privacy Policy.

By using our website, you acknowledge that information provided by you may be collected and handled in accordance with that policy.

 

16. Limitation of Liability

To the maximum extent permitted by law, BEHR & CO will not be responsible for loss or damage arising from your use of our website where such liability can lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies any liability or obligation that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

Where the law permits us to limit our liability, our liability will be limited to the maximum extent permitted by law.

 

17. Indemnity

To the extent permitted by law, you agree to be responsible for losses reasonably incurred by BEHR & CO as a result of your unlawful use of our website, your breach of these Terms, or your infringement of another person's rights.

This clause does not apply to the extent that the loss was caused by BEHR & CO or cannot lawfully be recovered from you.

 

18. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, services or applicable legal requirements.

The latest version will always be published on this page.

Changes will apply from the date they are published, unless otherwise stated.

 

19. Governing Law

These Terms are governed by the laws of Victoria, Australia.

You agree that any disputes relating to these Terms or your use of our website will be subject to the applicable courts and laws of Victoria, Australia, subject to any rights you may have under applicable consumer protection laws.

 

20. Contact Us

If you have any questions regarding these Terms, please contact us:

BEHR & CO
Melbourne, Victoria, Australia
Email: hello@behrandco.com.au