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

The Site is operated by EL-NENO Pty Ltd (ABN 39 636 182 057), trading as Beni Fabrics ("Beni Fabrics", "we", "us", or "our").

By using our Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site or place an order with us.

Our Privacy Policy, available at benifabrics.com/pages/privacy-policy, is a separate document that governs how we collect, use, and store your personal information.

Section 1 — Scope and Applicability

• These Terms apply to all use of our Site and to any orders placed through it.
• We may update these Terms at any time. The version posted on the Site at the time you place an order is the version that applies to that order.
• Where any part of these Terms is inconsistent with our Returns Policy, FAQ, or product page wording, these Terms prevail unless the other document is more favourable to you.

Section 2 — Ordering and Payment

• To place an order, you must provide accurate, up-to-date billing, shipping, and contact information. We are not responsible for delays or failed deliveries caused by incorrect information.
• Payment must be made at the time of purchase using one of the payment methods accepted at checkout.
• All prices on the Site are displayed in the currency selected at checkout. Prices include or exclude taxes as indicated on the product page and at checkout.
• Where your order is shipped internationally, any import duties, customs fees, or local taxes imposed by the destination country are your responsibility unless stated otherwise.
• We reserve the right to cancel or refuse any order, including in cases of suspected fraud, payment failure, pricing errors, or stock unavailability. Where we cancel an order after payment has been taken, we will refund you in full.

Section 3 — Shipping, Delivery, and Risk

• We ship Products to the delivery address you provide at checkout. Please double-check this address before placing your order.
• Delivery times displayed on the Site or in checkout confirmations are estimates only. Actual delivery may be affected by carrier delays, customs processing, weather, or other factors outside our control.
• Risk in the Products passes to you once they are delivered to the address you provided. Where you authorise an unattended delivery (for example, an authority to leave), risk passes at the point of delivery to that location.
• If your parcel arrives visibly damaged, or if a Product inside the parcel is damaged on arrival, please refer to our Returns Policy and contact us within 48 hours of delivery.

Section 4 — Returns, Refunds, and Exchanges

Our Returns Policy, available at benifabrics.com/pages/returns, sets out how returns, refunds, and exchanges work in detail. The key points are summarised here. Where there is any inconsistency between this section and the Returns Policy, the Returns Policy prevails for operational matters such as windows, addresses, and processing times.

4.1 Change of mind

• We accept change-of-mind returns within 30 days of delivery.
• The Product must be unused, undamaged, and returned with all original tags and packaging.
• Return shipping for change-of-mind returns is at the customer's cost.
• Refunds for accepted change-of-mind returns are issued to the original payment method within 1–2 business days of the return being received and inspected. Banks typically take a further 4–8 business days to display the refund.

4.2 Defective or faulty Products

This is set out in full in Section 5. In summary, defective Products must be reported within 7 days for visible defects or 30 days for latent defects, supported by photographs and your order number.

4.3 Damaged in transit

• If your parcel arrives damaged, contact us within 48 hours of delivery with photographs and your order number.
• Where transit damage is confirmed, we will arrange a replacement at no cost to you.

4.4 Wrong or missing items

• If you receive the wrong Product, or if a Product from your order is missing, contact us within 7 days of delivery with your order number.
• We will dispatch the correct Product at no cost to you and arrange the return of any incorrect Product.

Section 5 — Defective Products and Statutory Rights

5.1 Our commitment

We stand behind the quality of every Beni Bed and Beni Fabrics Product. If a Product you receive is defective or faulty, we will assess your claim and provide a remedy in accordance with this Section and your statutory rights under applicable consumer law.

5.2 What counts as a defect

For the purposes of these Terms, a Product is considered defective if it has a manufacturing fault, a material flaw not disclosed in the Product description, or fails to function as described under normal domestic use.

The following are not considered defects:

• Wear, fading, pilling, or natural softening that occurs with use over time.
• Damage caused by improper care, including washing or drying outside of the instructions on the care label or our published Care Guide.
• Variations in colour, weave, or texture that fall within the natural variation of organic cotton textiles.
• Damage caused by misuse, accidents, pets, or third parties.
• Change of preference, including changes in how the Product looks or feels in the home.

5.3 Reporting window

Defect claims must be submitted within the following timeframes:

• Visible defects (faults that would be apparent on inspection at unboxing): within 7 days of delivery.
• Latent defects (faults that become apparent only with normal use): within 30 days of delivery.

Claims received outside these windows will be assessed on a case-by-case basis and any remedy offered is at our discretion, except where statutory consumer law provides for a longer period (see Section 5.7).

5.4 Evidence required

To substantiate a defect claim, the following must be provided in writing to support@benifabrics.com:

• Your order number.
• A clear description of the defect, including when it was first noticed.
• A minimum of three photographs showing the defect under normal lighting, including at least one showing the entire Product and one close-up of the affected area.
• Where applicable, photographs or video showing the defect in context (for example, a seam separating during normal use).

We may request additional evidence, including the return of the Product for inspection, before a remedy is confirmed. The Product should not be discarded, washed, or modified before our team has confirmed the remedy.

5.5 Remedy

Where a claim is accepted, we will provide one of the following remedies, in this order, at our reasonable election for minor defects:

• Repair, where the defect is reasonably repairable.
• Replacement with the same Product, or with the most comparable Product where the original is unavailable.
• Refund, where repair and replacement are not reasonably available.

For major defects — defined as defects that render the Product unfit for its primary purpose, that would have prevented you from purchasing the Product had you known about them, or that pose a safety risk — you may choose between replacement and refund.

Where a refund is provided under this Section, it will be issued to the original payment method. Where a replacement is provided, the replacement Product will be subject to fresh defect reporting windows from the date the replacement is delivered.

5.6 Return shipping for defect claims

Where a defect claim is accepted and a return is required, Beni Fabrics will cover the cost of return shipping. Where a defect claim is not accepted following inspection, return shipping in either direction will be at the customer's cost.

5.7 Statutory consumer guarantees

If you are a consumer in Australia, our Products come with guarantees that cannot be excluded under the Australian Consumer Law. These include guarantees that Products are of acceptable quality, fit for any disclosed purpose, match their description, and meet any express warranty given. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

If you are a consumer in the United Kingdom, your statutory rights under the Consumer Rights Act 2015 apply, including the right to reject faulty Products within 30 days, and the right to repair, replacement, or refund as set out in that Act.

If you are a consumer in the European Union, your rights under the EU Sale of Goods Directive (2019/771) and any equivalent national legislation apply.

If you are a consumer in the United States, your rights under the Magnuson-Moss Warranty Act and applicable state consumer protection laws apply.

Nothing in these Terms limits, excludes, or modifies any statutory right or guarantee that applies to your purchase under the consumer laws of your country of residence. Where any part of these Terms is inconsistent with such a statutory right, the statutory right prevails.

Section 6 — Communication and Authority of Statements

We communicate with customers through several channels, including email, live chat, telephone, and social media. To ensure consistency and avoid misunderstandings, the following applies:

• Binding remedies — including refunds, replacements, returns outside our standard policy, or any concession that varies from these Terms — are confirmed in writing by email from a Beni Fabrics support address (support@benifabrics.com or hello@benifabrics.com).
• Statements made in live chat, on social media, or by telephone are preliminary and indicative only. They are intended to begin the resolution process, not to conclude it, and they are subject to confirmation by email once the order, evidence, and applicable policy have been verified.
• Where a preliminary statement is later found to be inconsistent with our published policies, the published policies prevail. Where the discrepancy has caused you genuine inconvenience, we may offer a goodwill resolution at our discretion.
• All resolution offers, where accepted, are recorded against your order on our customer support system. The contents of that record are the authoritative version of any agreement reached.

Section 7 — Order Identification

All Product-specific support enquiries — including defect claims, return requests, exchange requests, and refund requests — must be accompanied by your order number and the email address used at checkout. We are unable to assess remedies, confirm policy windows, or process resolutions without this information. Our support team may decline to discuss remedies until your order has been identified on our system.

Section 8 — Dispute Resolution and Chargebacks

If you have a concern with your order, our Products, or our service, please contact us first at support@benifabrics.com so we can attempt to resolve it directly. We will respond to support enquiries within two business days and aim to resolve substantive concerns within ten business days of receiving the necessary information.

In the event of a payment dispute, chargeback, or third-party complaint (including complaints lodged with consumer protection bodies, the Better Business Bureau, the Australian Competition and Consumer Commission, or equivalent organisations), Beni Fabrics will respond with a complete record of the transaction, including order details, communications, photographs supplied, and resolution offers made.

Where a chargeback is filed in respect of an order for which a remedy has been offered and not yet accepted, we may treat the chargeback as a withdrawal of the resolution process and respond to the dispute on the basis of our published policies and the supplied evidence.

Nothing in this Section limits your right to seek resolution through any consumer protection body or court of competent jurisdiction, or to file a chargeback in accordance with the rules of your card network.

Section 9 — Product Information and Availability

• We make every effort to describe and display Products accurately, including measurements, materials, and care instructions.
• Colours, textures, and finishes shown on the Site may differ from the actual Product due to variations in screen calibration, lighting, and the natural variation of organic cotton textiles. Minor variations of this kind are not considered defects.
• Product availability may change without notice. We may limit the quantity of any Product sold per customer or per order at our discretion.
• Where a Product is listed at a price that is clearly incorrect (for example, a pricing error caused by a system fault), we reserve the right to cancel the order and refund any payment taken, even after order confirmation. We will notify you promptly if this occurs.

Section 10 — Intellectual Property

• All content on the Site — including text, graphics, logos, photographs, video, product descriptions, and the overall look and feel — is owned by or licensed to Beni Fabrics (EL-NENO Pty Ltd).
• You may not reproduce, copy, sell, or otherwise commercially exploit any part of the Site or its content without our prior written consent.
• By submitting reviews, photographs, video, or other content to the Site, social media, or our customer support team in connection with your purchase, you grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use that content in marketing, promotional, and editorial material across any medium. You confirm that you have the right to grant this licence and that the content does not infringe the rights of any third party.

Section 11 — User Responsibilities and Prohibited Uses

You may use the Site for lawful, personal, non-commercial purposes only. You must not:

• Use the Site in any way that breaches applicable laws or regulations.
• Engage in unlawful, fraudulent, or harmful activity through the Site.
• Upload viruses, malware, or any malicious code.
• Attempt to gain unauthorised access to the Site, our servers, or any connected systems.
• Use automated tools, including scrapers, bots, or crawlers, to access or extract content from the Site without our prior written consent.
• Interfere with the security or operation of the Site.
• Violate the rights of others, including intellectual property rights and privacy rights.

Section 12 — Warranties and Liability

This Section is subject to your statutory rights under Section 5.7 and applicable consumer law. Nothing in this Section excludes or limits any liability that cannot be excluded or limited under applicable law.

• To the maximum extent permitted by law, the Site is provided on an "as is" and "as available" basis. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
• To the maximum extent permitted by law, Beni Fabrics is not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the Site or your purchase of Products, including loss of profits, revenue, data, or business opportunity.
• To the maximum extent permitted by law, our total liability arising from any single order is limited to the purchase price paid for the Products in that order.
• This Section does not affect your rights as a consumer under applicable law, including the Australian Consumer Law, the UK Consumer Rights Act 2015, or equivalent legislation in other jurisdictions.

Section 13 — Indemnity

You agree to indemnify and hold harmless EL-NENO Pty Ltd (trading as Beni Fabrics), its directors, officers, employees, and agents from any claims, damages, losses, or costs (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or your violation of the rights of any third party. This Section does not apply to liability arising from our own negligence, breach, or wrongdoing.

Section 14 — Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms where the delay or failure is caused by events beyond our reasonable control. Such events include, but are not limited to, natural disasters, pandemics, government action, war, civil unrest, strikes, supply chain disruptions, carrier failures, and major IT or telecommunications outages. Where a force majeure event affects your order, we will contact you to discuss reasonable alternatives, including delayed delivery or a refund.

Section 15 — Suspension and Termination

• We may suspend or terminate your access to the Site at any time, with or without notice, where we reasonably believe you have breached these Terms or where required by law.
• Termination does not affect any rights or obligations that have accrued before termination, including your right to receive Products you have already paid for and our right to be paid for Products already supplied.
• Sections 5.7 (Statutory consumer guarantees), 8 (Dispute resolution), 10 (Intellectual property), 12 (Warranties and liability), 13 (Indemnity), 16 (Severability), and 17 (Governing law) survive termination.

Section 16 — Severability and Waiver

• If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
• Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Section 17 — Governing Law and 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 arising from or relating to these Terms or your use of the Site.

If you are a consumer resident outside Australia, this Section does not deprive you of any mandatory protections you have under the consumer law of your country of residence.

Section 18 — Contact

For questions about these Terms, please contact:

• Beni Fabrics (EL-NENO Pty Ltd)
• Email: hello@benifabrics.com

ABN: 39 636 182 057Welcome to Beni Fabrics. These Terms & Conditions (the "Terms") govern your access to and use of the website benifabrics.com (the "Site") and any purchases of goods (the "Products") made via the Site.

The Site is operated by EL-NENO Pty Ltd (ABN 39 636 182 057), trading as Beni Fabrics ("Beni Fabrics", "we", "us", or "our").

By using our Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site or place an order with us.

Our Privacy Policy, available at benifabrics.com/pages/privacy-policy, is a separate document that governs how we collect, use, and store your personal information.

Section 1 — Scope and Applicability

• These Terms apply to all use of our Site and to any orders placed through it.
• We may update these Terms at any time. The version posted on the Site at the time you place an order is the version that applies to that order.
• Where any part of these Terms is inconsistent with our Returns Policy, FAQ, or product page wording, these Terms prevail unless the other document is more favourable to you.

Section 2 — Ordering and Payment

• To place an order, you must provide accurate, up-to-date billing, shipping, and contact information. We are not responsible for delays or failed deliveries caused by incorrect information.
• Payment must be made at the time of purchase using one of the payment methods accepted at checkout.
• All prices on the Site are displayed in the currency selected at checkout. Prices include or exclude taxes as indicated on the product page and at checkout.
• Where your order is shipped internationally, any import duties, customs fees, or local taxes imposed by the destination country are your responsibility unless stated otherwise.
• We reserve the right to cancel or refuse any order, including in cases of suspected fraud, payment failure, pricing errors, or stock unavailability. Where we cancel an order after payment has been taken, we will refund you in full.

Section 3 — Shipping, Delivery, and Risk

• We ship Products to the delivery address you provide at checkout. Please double-check this address before placing your order.
• Delivery times displayed on the Site or in checkout confirmations are estimates only. Actual delivery may be affected by carrier delays, customs processing, weather, or other factors outside our control.
• Risk in the Products passes to you once they are delivered to the address you provided. Where you authorise an unattended delivery (for example, an authority to leave), risk passes at the point of delivery to that location.
• If your parcel arrives visibly damaged, or if a Product inside the parcel is damaged on arrival, please refer to our Returns Policy and contact us within 48 hours of delivery.

Section 4 — Returns, Refunds, and Exchanges

Our Returns Policy, available at benifabrics.com/pages/returns, sets out how returns, refunds, and exchanges work in detail. The key points are summarised here. Where there is any inconsistency between this section and the Returns Policy, the Returns Policy prevails for operational matters such as windows, addresses, and processing times.

4.1 Change of mind

• We accept change-of-mind returns within 30 days of delivery.
• The Product must be unused, undamaged, and returned with all original tags and packaging.
• Return shipping for change-of-mind returns is at the customer's cost.
• Refunds for accepted change-of-mind returns are issued to the original payment method within 1–2 business days of the return being received and inspected. Banks typically take a further 4–8 business days to display the refund.

4.2 Defective or faulty Products

This is set out in full in Section 5. In summary, defective Products must be reported within 7 days for visible defects or 30 days for latent defects, supported by photographs and your order number.

4.3 Damaged in transit

• If your parcel arrives damaged, contact us within 48 hours of delivery with photographs and your order number.
• Where transit damage is confirmed, we will arrange a replacement at no cost to you.

4.4 Wrong or missing items

• If you receive the wrong Product, or if a Product from your order is missing, contact us within 7 days of delivery with your order number.
• We will dispatch the correct Product at no cost to you and arrange the return of any incorrect Product.

Section 5 — Defective Products and Statutory Rights

5.1 Our commitment

We stand behind the quality of every Beni Bed and Beni Fabrics Product. If a Product you receive is defective or faulty, we will assess your claim and provide a remedy in accordance with this Section and your statutory rights under applicable consumer law.

5.2 What counts as a defect

For the purposes of these Terms, a Product is considered defective if it has a manufacturing fault, a material flaw not disclosed in the Product description, or fails to function as described under normal domestic use.

The following are not considered defects:

• Wear, fading, pilling, or natural softening that occurs with use over time.
• Damage caused by improper care, including washing or drying outside of the instructions on the care label or our published Care Guide.
• Variations in colour, weave, or texture that fall within the natural variation of organic cotton textiles.
• Damage caused by misuse, accidents, pets, or third parties.
• Change of preference, including changes in how the Product looks or feels in the home.

5.3 Reporting window

Defect claims must be submitted within the following timeframes:

• Visible defects (faults that would be apparent on inspection at unboxing): within 7 days of delivery.
• Latent defects (faults that become apparent only with normal use): within 30 days of delivery.

Claims received outside these windows will be assessed on a case-by-case basis and any remedy offered is at our discretion, except where statutory consumer law provides for a longer period (see Section 5.7).

5.4 Evidence required

To substantiate a defect claim, the following must be provided in writing to support@benifabrics.com:

• Your order number.
• A clear description of the defect, including when it was first noticed.
• A minimum of three photographs showing the defect under normal lighting, including at least one showing the entire Product and one close-up of the affected area.
• Where applicable, photographs or video showing the defect in context (for example, a seam separating during normal use).

We may request additional evidence, including the return of the Product for inspection, before a remedy is confirmed. The Product should not be discarded, washed, or modified before our team has confirmed the remedy.

5.5 Remedy

Where a claim is accepted, we will provide one of the following remedies, in this order, at our reasonable election for minor defects:

• Repair, where the defect is reasonably repairable.
• Replacement with the same Product, or with the most comparable Product where the original is unavailable.
• Refund, where repair and replacement are not reasonably available.

For major defects — defined as defects that render the Product unfit for its primary purpose, that would have prevented you from purchasing the Product had you known about them, or that pose a safety risk — you may choose between replacement and refund.

Where a refund is provided under this Section, it will be issued to the original payment method. Where a replacement is provided, the replacement Product will be subject to fresh defect reporting windows from the date the replacement is delivered.

5.6 Return shipping for defect claims

Where a defect claim is accepted and a return is required, Beni Fabrics will cover the cost of return shipping. Where a defect claim is not accepted following inspection, return shipping in either direction will be at the customer's cost.

5.7 Statutory consumer guarantees

If you are a consumer in Australia, our Products come with guarantees that cannot be excluded under the Australian Consumer Law. These include guarantees that Products are of acceptable quality, fit for any disclosed purpose, match their description, and meet any express warranty given. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

If you are a consumer in the United Kingdom, your statutory rights under the Consumer Rights Act 2015 apply, including the right to reject faulty Products within 30 days, and the right to repair, replacement, or refund as set out in that Act.

If you are a consumer in the European Union, your rights under the EU Sale of Goods Directive (2019/771) and any equivalent national legislation apply.

If you are a consumer in the United States, your rights under the Magnuson-Moss Warranty Act and applicable state consumer protection laws apply.

Nothing in these Terms limits, excludes, or modifies any statutory right or guarantee that applies to your purchase under the consumer laws of your country of residence. Where any part of these Terms is inconsistent with such a statutory right, the statutory right prevails.

Section 6 — Communication and Authority of Statements

We communicate with customers through several channels, including email, live chat, telephone, and social media. To ensure consistency and avoid misunderstandings, the following applies:

• Binding remedies — including refunds, replacements, returns outside our standard policy, or any concession that varies from these Terms — are confirmed in writing by email from a Beni Fabrics support address (support@benifabrics.com or hello@benifabrics.com).
• Statements made in live chat, on social media, or by telephone are preliminary and indicative only. They are intended to begin the resolution process, not to conclude it, and they are subject to confirmation by email once the order, evidence, and applicable policy have been verified.
• Where a preliminary statement is later found to be inconsistent with our published policies, the published policies prevail. Where the discrepancy has caused you genuine inconvenience, we may offer a goodwill resolution at our discretion.
• All resolution offers, where accepted, are recorded against your order on our customer support system. The contents of that record are the authoritative version of any agreement reached.

Section 7 — Order Identification

All Product-specific support enquiries — including defect claims, return requests, exchange requests, and refund requests — must be accompanied by your order number and the email address used at checkout. We are unable to assess remedies, confirm policy windows, or process resolutions without this information. Our support team may decline to discuss remedies until your order has been identified on our system.

Section 8 — Dispute Resolution and Chargebacks

If you have a concern with your order, our Products, or our service, please contact us first at support@benifabrics.com so we can attempt to resolve it directly. We will respond to support enquiries within two business days and aim to resolve substantive concerns within ten business days of receiving the necessary information.

In the event of a payment dispute, chargeback, or third-party complaint (including complaints lodged with consumer protection bodies, the Better Business Bureau, the Australian Competition and Consumer Commission, or equivalent organisations), Beni Fabrics will respond with a complete record of the transaction, including order details, communications, photographs supplied, and resolution offers made.

Where a chargeback is filed in respect of an order for which a remedy has been offered and not yet accepted, we may treat the chargeback as a withdrawal of the resolution process and respond to the dispute on the basis of our published policies and the supplied evidence.

Nothing in this Section limits your right to seek resolution through any consumer protection body or court of competent jurisdiction, or to file a chargeback in accordance with the rules of your card network.

Section 9 — Product Information and Availability

• We make every effort to describe and display Products accurately, including measurements, materials, and care instructions.
• Colours, textures, and finishes shown on the Site may differ from the actual Product due to variations in screen calibration, lighting, and the natural variation of organic cotton textiles. Minor variations of this kind are not considered defects.
• Product availability may change without notice. We may limit the quantity of any Product sold per customer or per order at our discretion.
• Where a Product is listed at a price that is clearly incorrect (for example, a pricing error caused by a system fault), we reserve the right to cancel the order and refund any payment taken, even after order confirmation. We will notify you promptly if this occurs.

Section 10 — Intellectual Property

• All content on the Site — including text, graphics, logos, photographs, video, product descriptions, and the overall look and feel — is owned by or licensed to Beni Fabrics (EL-NENO Pty Ltd).
• You may not reproduce, copy, sell, or otherwise commercially exploit any part of the Site or its content without our prior written consent.
• By submitting reviews, photographs, video, or other content to the Site, social media, or our customer support team in connection with your purchase, you grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use that content in marketing, promotional, and editorial material across any medium. You confirm that you have the right to grant this licence and that the content does not infringe the rights of any third party.

Section 11 — User Responsibilities and Prohibited Uses

You may use the Site for lawful, personal, non-commercial purposes only. You must not:

• Use the Site in any way that breaches applicable laws or regulations.
• Engage in unlawful, fraudulent, or harmful activity through the Site.
• Upload viruses, malware, or any malicious code.
• Attempt to gain unauthorised access to the Site, our servers, or any connected systems.
• Use automated tools, including scrapers, bots, or crawlers, to access or extract content from the Site without our prior written consent.
• Interfere with the security or operation of the Site.
• Violate the rights of others, including intellectual property rights and privacy rights.

Section 12 — Warranties and Liability

This Section is subject to your statutory rights under Section 5.7 and applicable consumer law. Nothing in this Section excludes or limits any liability that cannot be excluded or limited under applicable law.

• To the maximum extent permitted by law, the Site is provided on an "as is" and "as available" basis. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
• To the maximum extent permitted by law, Beni Fabrics is not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the Site or your purchase of Products, including loss of profits, revenue, data, or business opportunity.
• To the maximum extent permitted by law, our total liability arising from any single order is limited to the purchase price paid for the Products in that order.
• This Section does not affect your rights as a consumer under applicable law, including the Australian Consumer Law, the UK Consumer Rights Act 2015, or equivalent legislation in other jurisdictions.

Section 13 — Indemnity

You agree to indemnify and hold harmless EL-NENO Pty Ltd (trading as Beni Fabrics), its directors, officers, employees, and agents from any claims, damages, losses, or costs (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or your violation of the rights of any third party. This Section does not apply to liability arising from our own negligence, breach, or wrongdoing.

Section 14 — Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms where the delay or failure is caused by events beyond our reasonable control. Such events include, but are not limited to, natural disasters, pandemics, government action, war, civil unrest, strikes, supply chain disruptions, carrier failures, and major IT or telecommunications outages. Where a force majeure event affects your order, we will contact you to discuss reasonable alternatives, including delayed delivery or a refund.

Section 15 — Suspension and Termination

• We may suspend or terminate your access to the Site at any time, with or without notice, where we reasonably believe you have breached these Terms or where required by law.
• Termination does not affect any rights or obligations that have accrued before termination, including your right to receive Products you have already paid for and our right to be paid for Products already supplied.
• Sections 5.7 (Statutory consumer guarantees), 8 (Dispute resolution), 10 (Intellectual property), 12 (Warranties and liability), 13 (Indemnity), 16 (Severability), and 17 (Governing law) survive termination.

Section 16 — Severability and Waiver

• If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
• Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Section 17 — Governing Law and 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 arising from or relating to these Terms or your use of the Site.

If you are a consumer resident outside Australia, this Section does not deprive you of any mandatory protections you have under the consumer law of your country of residence.

Section 18 — Contact

For questions about these Terms, please contact: Hello@benifabrics.com