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Legal Information

Website Terms of Use
  1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) accessing ​ (‘our/the website’).

This website is owned and operated by M Aktepe & S Aktepe, trading as Sel's Borek & Sweets ABN 64 575 810 526​(‘we/our/us’).

By accessing and using our website you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

 

  1. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at https://www.selsborekandsweets.com/legal-information and the applicable law.

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

 

  1. PRODUCTS AND SERVICES

We offer for sale all products and services listed on our website.

We reserve the right to amend the range and prices of our products and services at any time.

All products are make to order.

All products and services are subject to availability. We will inform you as soon as possible if the product or service you have ordered is not available.

 

  1. PAYMENT METHODS

We accept payment via the following payment methods:

  • PayPal;
  • Selected credit cards such as Mastercard, Visa and American Express.

 

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

 

  1. DELIVERY AND PICK-UP

ONLINE DELIVERY

Delivery will occur immediately following receipt of payment for online products and services.

We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.

 

PHYSICAL DELIVERY

Your order will be delivered in accordance with our dispatch and delivery policy found at https://www.selsborekandsweets.com/legal-information.

 

PICK-UP

If an order is placed for pick-up and the order is ready to be collected, an “order ready for pick-up” notification will be sent to you. This notification will be communicated by one of our staff members through email or telephone call. The order must be collected within 48 hours of receiving this notification. In circumstances where orders are not collected within 48 hours of receiving the notification, orders will be discarded and no refund will be provided.

 

  1. COLOUR REPRODUCTION

​We make every effort to display as accurately as possible the colours of our products on our website. However, as computer monitors differ, we cannot guarantee that your monitor’s display of any colour will be an accurate representation of the true colour.

 

  1. REFUNDS AND RETURNS

We do not accept returns or provide refunds for change of mind.

Our products come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

If your product is faulty or not substantially as described we will take all reasonable steps to either replace, repair or refund the item.

To initiate a return, please contact our customer service team.

Unless returning the product is substantially burdensome, you are responsible for the shipping costs of all returned products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

 

  1. INTELLECTUAL PROPERTY

Our website and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

 

  1. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

It is imperative that all Sel's Borek & Sweets products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, we do not accept any liability for, and are not responsible for, any damage, loss or injury caused by the use or misuse of our products.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

 

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.

 

  1. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

 

  1. GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

Privacy Policy

Privacy Act

Our business is bound by the Privacy Act 1988 (the Act) and the Australian Privacy Principles (APP). Our business is an APP entity as defined in s 6(1) of the Act.

We collect and hold personal information relating to our customers and to other people and entities associated with our customers as may be provided or disclosed to us in the course of business. Such personal information may include, but is not limited to, names, tax file numbers, addresses, telephone numbers, social media details, email addresses, occupations, wage records, bank account details, asset and investment details, financial planning records, taxation records, medical records and relationship details.

Personal information is collected from our customers in the following ways:

 

  • by providing it to us directly;
  • by authorising third parties to provide it to us;
  • by other parties providing it to us either voluntarily or pursuant to compulsory processes we conduct on our customer’s behalf.

 

How is personal information received and held?

Personal information may be received and held either as a hard copy, paper, or a soft copy being electronic data, in any available form. In either case, we take the security of personal information very seriously. We secure hard copy documents carefully in and out of our office. We use cyber-security systems to protect soft copy documents. We never ask for bank details or other sensitive information by email.

 

For what purpose is personal information collected, held, used and disclosed?

All data processed by the business is done on a lawful basis. The purposes for which we collect, hold, use and disclose personal information are:

 

  • to offer our products and services to our customers. In doing so we may disclose personal information to other people or entities involved in the provision of the product or service, such as government departments and individuals. Unless compelled by law, we will never disclose personal information without the customer’s knowledge and consent;
  • to facilitate our internal and external administrative processes including financial and business operations and reporting requirements;
  • to obtain, maintain and comply with the terms of our professional indemnity and other insurance policies; and
  • to comply with applicable laws.

 

How can personal information be accessed or corrected?

Customers may access their personal information and seek correction of it at any time by contacting us at: sales@selsborekandsweets.com or by or fill out an Online Enquiry form via our Contact Us page.

 

Customers will be formally identified before releasing or amending any personal information.

 

Is personal information disclosed outside of Australia?

Where necessary we will disclose personal information to overseas recipients, including a related body corporate. Information will be stored depending on customers payment style, for example:

  • United States for Paypal;
  • United States and Ireland for Stripe; and
  • Australia for Havealook Website (website provider).

 

What is the complaints process relating to personal information?

If there is a breach of this privacy policy, either of the Act or the Australian Privacy Principles (APP), a complaint may be made by the customer to:

 

  • our customer services team; or
  • the Office of the Australian Privacy Commissioner.

 

Data breaches

All staff are responsible for protecting the confidentiality of customer information and business information. Refer any data breaches, or suspected data breaches, to the customer services team as soon as possible.

 

What is an eligible data breach?

An eligible data breach, defined in s 26WE(2) of the Act, is when:

 

  • both of the following conditions are satisfied:

 

  • there is unauthorised access to, or unauthorised disclosure of, the information;

 

  • a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates; or

 

  • the information is lost in circumstances where:

 

  • unauthorised access to, or unauthorised disclosure of, the information is likely to occur; and

 

  • assuming that unauthorised access to, or unauthorised disclosure of, the information were to occur, a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates;…

 

If there is a suspicion of a breach

 

If we suspect that there has been an eligible data breach, a reasonable and expeditious assessment will be conducted within 30 days.

 

If we believe or have reasonable grounds to believe there has been a breach then a statement will be prepared setting out:

 

  • the business’s details;
  • a description of the breach;
  • the kind or kinds of information concerned; and
  • recommendations about the steps that we will take in response to it.

 

If practicable, we will advise the contents of the statement to each of the affected customers who may be at risk from the breach. If this is not practicable, we will publish the statement on our website and take other reasonable steps to publicise its contents. Communications with individuals will be via their preferred communication method.

 

The statement will be submitted to the Privacy Commissioner.

 

Exception to reporting

Mandatory notification requirements are waived if remedial action can be taken that results in a reasonable person concluding that the access or disclosure is not likely to result in serious harm to any of those individuals.

 

Changes to the privacy policy

 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting. If we make material changes to this policy, we will notify you here that it has been updated so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Refund Policy of Sel's Borek & Sweets

This policy applies to purchases made from Sel’s Borek & Sweets via either our online store or our website www.selsborekandsweets.com.

 

  1. General

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law (ACL) and on the terms set out in this policy.

 

  1. The Australian Consumer Law

The ACL provides consumer guarantees which protect consumers when they buy products and services. Sel’s Borek & Sweets complies with the ACL. If there is any inconsistency between this policy and the ACL, then the ACL will prevail. Further information about the ACL and the consumer guarantees is available on the Australian Competition and Consumer Commission website.

If a product or service purchased from us has a major failure, then you may be entitled to a replacement, repair or refund.

If a failure with the product or service does not amount to a major failure, you may be entitled to have the product repaired or replaced, the service redelivered, or the cost refunded.

In the event that a product purchased fails to meet one or more consumer guarantees under the ACL, we shall bear any cost of shipping the returned product back to us, as well as any cost of shipping any repaired or replacement product.

 

  1. Refund or re-order

If you have placed an order online and would like to make a change to your order, we require you to cancel the order entirely and re-order your desired product.

If you receive the product or service you have purchased by way of pick-up or delivery and the product is in good order but change your mind, we may at our discretion offer a refund, provided that:

  • you notify us within one hour of receiving the product or service;
  • the product has not been used or damaged;
  • the product is returned in its original packaging and tags; and
  • the product is returned with the original receipt.

 

  1. Products damaged during delivery

In the event that the product ordered has been damaged during delivery through no fault of your own, please contact us as soon as possible.

Any damaged product must be returned unused and in the condition in which it was received, together with any packaging and other items received with the damaged product.

We will arrange to collect the damaged product and offer to replace it, or to refund you, provided that you have contacted us within 1 hour of delivery of the damaged product.

 

  1. Response Time

We aim to process any requests for repairs, replacements or refunds within 5 to 7 days of receipt.

 

  1. Refund payments 

We pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.

To be eligible for a refund, repair or replacement, you must provide proof of purchase to our reasonable satisfaction and may be required to provide identification.

Refunds for services will only be provided in circumstances where the services have not yet been performed.

If we agree to provide a refund, then you are responsible for the costs of the original product being returned.

 

  1. Contact Us

For all enquiries, or if you wish to speak to us about this policy or about any refund, repairs or replacements, please contact us at sales@selsborekandsweets.com or by filling out an online enquiry form via our Contact Us page.

Dispatch and delivery policy

The following terms and conditions apply to dispatch and delivery of any purchase made through our website ​.

 

  1. Processing and dispatch

Confirmation will be sent to the email address entered at checkout. This is your receipt and should be kept as proof of purchase.

Once payment is received orders are processed and dispatched within 5 to 7 business days. We will contact you if there are any issues or delays.

 

  1. Standard delivery within Australia

Cost

Standard shipping rates are calculated at the time of checkout and payment.

 

Method and time

Standard delivery in metropolitan areas: 5 to 7 business days.

 

OR

 

Orders are delivered from the store location and dispatched by our delivery drivers.

 

Our delivery schedule is as follows:

  • Tuesday – Friday: 5:00pm – 9:00pm
  • Saturday: between 9:00am – 4:00pm

 

OR

 

Once your item has been dispatched an email confirmation with an estimated delivery time and your package tracking number will be sent. Standard delivery will be between 2 to 7 business days after dispatch. Please note, all delivery estimates commence from the date of dispatch, not the date the order is placed.

 

 

  1. Tracking

We offer package tracking at time of checkout. Tracking codes will be sent by email when the order has been dispatched. Standard delivery times apply to tracked orders.

 

  1. Delivery restrictions

We only deliver within Metropolitan Melbourne only. There is no delivery to rural or international areas. There is no delivery outside of our delivery times.

 

  1. Lost Packages

If the package is lost in transit, please contact us at sales@selsborekandsweets.com and quote the tracking number provided in the dispatch confirmation email. If the carrier cannot locate the item, we will lodge an enquiry to locate the item.

It is the customer’s responsibility to ensure accurate delivery address and contact details. Multiple delivery attempts, re-direction or returned packages may attract additional fees which may be billed by the carrier.

We have no control over third-party agents responsible for delivering packages and recommend that you obtain insurance to cover delivery. Where possible we will assist you in any claim against a third-party delivery agent.

 

  1. Incomplete Orders

In limited circumstances, if multiple items have been purchased from us, and one or more items are temporarily unavailable, we will dispatch the available items in the order.

In the event of an incomplete order, we will make contact to discuss the items that cannot be immediately delivered. In most cases we will source the ordered items and have them delivered separately at our own cost. If we are unable to source the items, we will refund any product we cannot deliver.

 

  1. Damaged Items

Our refund policy applies to items damaged during delivery. If your order arrives damaged or incomplete, please immediately take a photo and contact us.

 

  1. Contact Us

For questions about delivery or shipment of orders please contact us at sales@selsborekandsweets.com or by filling out an online enquiry form via our Contact Us page.