eBest Pty Ltd – TERMS AND CONDITIONS

1. Introduction
   1. 1. This website and eBest app (Site) is operated by eBest Pty Ltd (ABN: 42618200427) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for goods or services (Products) through the Site.
      2. In addition to selling our Products to you, we provide a marketplace where independent retailers (Third Party Seller) who wish to sell their Products, and individuals who are looking for and wish to purchase Products (you), can connect and transact.
2. Use of the Site
   1. 1. You accept these Terms by placing an order via the Site.
      2. You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.
      3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
         1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
         2. using the Site to defame, harass, threaten, menace or offend any person;
         3. using the Site for unlawful purposes;
         4. interfering with any user of the Site;
         5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
         6. using the Site to send unsolicited electronic messages;
         7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
         8. facilitating or assisting a third party to do any of the above acts.
3. Accounts
   1. 1. You must create an account in order to purchase Products on the Site.
      2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
      3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
4. Third Party Sellers
   1. 1. We provide a marketplace where Third Party Sellers operate stores and sell Products on the Site.
      2. We do not buy or sell Products for Third Party Sellers. Our role in respect of a Third Party Seller is to list their Products on the Site only.
      3. We are not a party to any sale that is made between you and a Third Party Seller and we are not responsible or liable for any event arising from, or in connection with, a Third Party Seller and/or their Products.
      4. When you purchase Products from a Third Party Seller, their details (and any relevant policies) will be set out on the Site. You acknowledge and agree that it is your responsibility to read, and agree to, any relevant policies before purchasing Products from a Third Party Seller.
      5. The cancellation, exchange or refund of any Products listed by a Third Party Seller and ordered by you is strictly a matter between you and the relevant Third Party Seller. If a dispute arises between you and a Third Party Seller, we encourage you to resolve the dispute (including a claim for a return or refund) directly with the relevant Third Party Seller, and you agree that we will not, and have no obligation to, be involved in such dispute.
5. Orders

Where we sell you the Products

1. 1. 1. You may order Products as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
      2. Some orders may be cancelled at any time before the cut-off time specified on the Site (Cut-off Time). If your order is subject to a Cut-off Time, you may cancel your order at any time before the Cut-off Time specified on the Site and subject to clause 5(c) you will be refunded the Price you paid for the Order. You agree that you cannot cancel your order after the Cut-off Time.
      3. You acknowledge and agree that you will only be entitled to a refund of the Processing Fees if we or you cancel your order in full. Where your order is only cancelled in part, the Processing Fees will not be refunded to you.
      4. If your order includes more than one Product, and those Products are subject to different Cut-off Times, you agree that the Cut-off Time for that order will be calculated according to the earliest Cut-off Time.
      5. If your order includes more than one Product, you agree that you are not entitled to a partial cancellation of the Products in the order, whether the cancellation is made before or after the specified Cut-off Time.
      6. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.
      7. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation on the Site, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
      8. Please be aware that some of the Products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering Products for children under 18 years old.
      9. All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.
      10. 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. You may choose to receive a refund or a store credit. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. You agree that the store credit is not transferable or redeemable for cash and must be used within the expiry period.

Where a Third Party Seller sells you the Products

1. 1. 1. If you purchase Products from a Third Party Seller, the specific details about your Order will be set out by the relevant Third Party Seller on the Site.
2. Price and payments
   1. 1. You must pay the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).  You acknowledge and agree that the Price is inclusive of the bank processing fees as set out on our Site (Processing Fees).
      2. You must pay the Price upfront using one of the methods set out on the Site.
      3. 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.
      4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, for example, WeChat Pay, Alipay, Apple Pay and Google Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
      5. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
      6. We may from time to time issue promotional discount codes for certain Products on the Site.
      7. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
      8. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
      9. If you are purchasing Products from a Third Party Seller, you agree that we will act as a limited payment agent and we will collect payment from you on behalf of the Third Party Seller.
3. Collection, Delivery, title and risk
   1. 1. When you make an order, you may (if available) choose to (a) collect the Products from us, (b) collect the Products from a third-party service provider (Pick-Up Provider), or (c) for the Products to be delivered to you.

Collection from us

1. 1. 1. If you choose to collect the Products, you must do so within the time, and at the location, communicated by us to you, provided that such time is reasonable. If you do not collect the Products within the time communicated to you, we will issue you with a notice. You agree to collect the Products within 14 days (or such other reasonable timeframe notified by us to you if the Products are food products or may spoil) of us issuing you with a notice, otherwise you consent to us treating the Products as abandoned by you and you consent to us disposing of the products as we see fit, and to the maximum extent permitted by law, we accept no liability to you in this respect, and you waive and release us from any such liability, however arising, whether under statue, contract, equity, tort (including negligence), indemnity or otherwise. Subject to your Consumer Law Rights, you agree that we cannot guarantee the quality of the Products if they are not collected within the time communicated by us.

Collection from a third-party

1. 1. 1. If you choose to collect the Products from a Pick-Up Provider, you acknowledge and agree that:
         1. we will send you an order code which you must present to the Pick-Up Provider before collecting your order (Order Code);
         2. you are responsible for keeping your Order Code confidential and we exclude all liability for any Liability you incur as a result of disclosing or sharing your Order Code with third parties, including where this results in an unauthorised third party collecting your order from the Pick-Up Provider;
         3. we will send you details about the date and time that you must pick-up your order from the Pick-Up Provider (Pick-Up Time); 
         4. unless you and the Pick-Up Provider have agreed to change the Pick-Up Time, if you fail to collect your order at the Pick-Up Time, you must pay a Late Fee of $2.00 (incl. GST) to the Pick-Up Provider for every 24 hours after the Pick-Up Time that you fail to collect your order; and
         5. unless you and the Pick-Up Provider have agreed to change the Pick-Up Time, your order will be returned to us by the Pick-Up Provider after 3 days from the Pick-Up Time and we will have no obligation to replace the Products or refund any amount paid by you for the order .

Delivery by us

1. 1. 1. If you choose delivery of the Products, we will deliver the Products to the delivery address you provide when making your order.
      2. Delivery costs are set out on the Site, and may be included in the Price or be paid in addition to the Price.
      3. We dispatch Products as soon as possible after receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
      4. We deliver the Products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

Title and Risk

1. 1. 1. Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.
      2. Risk in the Products will pass to you as soon as they are delivered to the delivery address you provided in your order, or when they are collected by you from the Pick-Up Provider, or collection location notified by us to you.
2. Returns

Where we sell you the Products

1. 1. 1. Except for Products listed by Third Party Sellers, we may offer exchanges (subject to stock availability) or refunds for certain Products (as specified on the Site) for change of mind where we determine (at our absolute discretion):
         1. you have provided the proof of purchase and you purchased the Products within 7 days prior to the request for an exchange or refund;
         2. the Products are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;
         3. the Products are in their original undamaged packaging with all product tags still intact;
         4. the Products are not sale items, custom-made, special buy Products or gift vouchers; and
         5. a return and exchanges form has been completed.
      2. We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
      3. If notified to you by us, you may return the Products to the Pick-Up Provider in accordance with any instructions we share with you.
      4. You may have rights under the Australian Consumer Law (see below) in addition to this clause.

Where a Third Party Seller sells you the Products

1. 1. 1. The cancellation, exchange or refund of any Products listed by a Third Party Seller and ordered by you is strictly a matter between you and the relevant Third Party Seller and will be set out on the Site.
2. Australian Consumer Law

Where we sell you the Products

1. 1. 1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
      2. Where you return Products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the Products to us.
      3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement Product, resupply the Product to you, or refund you the Price of the relevant Product. Please contact us for further information.

Where a Third Party Seller sells you the Products

1. 1. 1. You may have rights under the Australian Consumer Law in relation to any Products you purchase from a Third Party Seller.
2. Limitations
   1. 1. You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
      2. Despite anything to the contrary, to the maximum extent permitted by law:
         1. a party’s maximum aggregate liability arising from or in connection with the Terms (including the Products and/or the subject matter of the Terms) will be limited to, and must not exceed, portion of the Price paid by you to us for the Products the subject of the relevant claim;
         2. a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party (or any of its personnel), including any failure by the other party to mitigate loss; and
         3. neither party will be liable for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

1. 1. 1. Despite anything to the contrary, to the maximum extent permitted by law, a party will not be liable for, and waives and releases the other party from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
2. Intellectual property
   1. 1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
      2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
      3. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
      4. You must not, without our prior written consent:
         1. copy, in whole or in part, any of Our Intellectual Property;
         2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
         3. breach any intellectual property rights connected with the Site or the Products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
      5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
         1. you do not assert that you are the owner of Our Intellectual Property;
         2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
         3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
         4. you comply with all other terms of these Terms.
3. General
   1. 1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
      2. Notices: Any notice given under these Terms to us must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
      3. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
      4. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
      5. Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
      6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
      7. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
      8. 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.

For any questions and notices, please contact us at:

eBest Pty Ltd (ABN: 42618200427)

Email: cs@ebest.com.au

Last update: 4 May 2023

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