Terms and Conditions
Welcome to Beserk!
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of Beserk’s stated services/products, in accordance with and subject to, prevailing law of Queensland, Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
All of the content of the pages of this website (including prices) is for your general information and use only, it is subject to change without notice. Beserk or any other third parties do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. We accept no responsibility or liability of any inaccuracies or errors in such information and materials to the full extent by law. We are not and cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
- You agree to make enquiries at your own responsibility and cost to verify any information provided and to assess the suitability of goods or services before you order the goods or services.
- Some actual goods (including clothing, shoes, cosmetics in particular lipsticks, hair dye) may differ in visual appearance (such as colour) from the way they appear on the Website due to photographic and screen limitations associated with the representation of goods. If it is suitable, some depictions of products or services are created or chosen by is for promotional purposes and may not be exact representation of the product or services received.
You may become a registered member to make orders and access features of the Website, there are some features on the Website that requires you to be a registered member. By registering you will provide us with personal information including your name, address and a valid email address. It is your responsibility to ensure this information is accurate and current.
By using the Website and associated functionality, you give full consent to us to send you direct marketing communications to the email address you provide from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
- You must only use the Website through the interfaces provide by us and in accordance with these terms and any applicable law.
- You must not interfere or attempt to interfere or disrupt or attempt to disrupt our Website or the servers or networks that host our Website or with security-related or other features of our site.
- You must not use or attempt to use data mining, robots, screen scraping or similar data gathering and extraction tools on our Website.
- You must not use, copy or distribute or attempt or use, copy or distribute content without our express permission.
- We reserve the right to refer fraudulent or abusive or illegal activity to the relevant authorities. You agree that you are solely responsible for the activity that occurs on your account including orders placed using your account and you must keep your account password secure. We waive all responsibility and are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure and for any fraudulent or abusive or illegal activity associated to your account.
- You must have express permission from us and/or another member to use that member’s account. You must notify us immediately and take immediate steps to re-secure your account including changing your password should you suspect or become aware of any unauthorised use of your account or that your password is no longer secure.
Unless otherwise stated, Beserk and/or the licensors own the intellectual property rights for all material on Beserk. All intellectual property rights are reserved. You may view and/or print pages from this Website for your own personal use subject to restrictions set in these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
You must not:
- Republish material from our Website.
- Sell, rent or sub-license material from our Website.
- Reproduce, duplicate or copy material from our Website.
- Redistribute content from our Website (unless content is specifically made for redistribution).
Unauthorised use of this Website may give to a claim for damages and/or be a criminal offence. Occasionally, there are links to external website(s) which may be included on this Website, these are links to provide you with further information. They do not signify that we endorse the website(s) and do not accept responsibility or liability of the linked website(s).
All orders placed on your account including any discrepancies or errors in your order caused by you are your responsibility.
The promotion of goods or services on the Website does not constitute an offer to sell; it is an invitation to treat only. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified including delivery and other charges. Goods are reserved only once you have completed the checkout process and goods remain the property of Beserk until payment is received in full.
We use fraud detection software to flag suspicious information provided by financial institutions or payment services we use and your order maybe delayed or cancelled or blacklisted and an enquiry will be made to investigate the matter. Beserk reserve the right to reject or blacklist your order and will subsequent provide full refund in the same method used to pay for the order at our absolute discretion where fraud is suspected or where we are unable to ship your order or there has been an error in the price or product description on our website.
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control, it is at election to receive a full refund or store credit including delivery and other charges paid in the event we cannot fulfil your order.
All promotional discount codes or reward points or coupons or gift card codes must be entered at the shopping cart page or during checkout on the Website and cannot be added to an order once it has been placed. All discount or offers or reward points will be taken into account when processing a refund or store credit for returned items. All reward points used will be added back to your Beserk account and any reward points earned will be deducted from your Beserk account for all returned items or cancel items or orders. Delivery or postage or any other charges associated with the order will not refunded or credited if the order has been shipped, this includes all damaged or faulty item(s). A return label will be provided by Beserk to return any faulty or damaged in transit item(s) and for any replacement items to be shipped to you.
All prices are shown in Australia Dollars and are subject to change without notice; you may elect to change the currency on the Website to Euro-EUR, New Zealand Dollars – NZD or US Dollars – USD at your own risk. Beserk takes no responsibility or liability if you have selected a currency in error and will not be liable for any difference associated with the exchange rates. Occasionally due to technical error, pricing may not be correct; we reserve the right to cancel any orders with item(s) which have incorrect price(s).
We endeavour to provide representation of our goods with accurate images, occasionally goods actually delivered may be different in appearance and packaging from the photographs or images on our Website. We recommend that you read the care labels and instructions provided by the manufacturer on all products to avoid any damages or discolouration or markings, we do not accept any responsibility or liability should this happen.
On all of Beserk’s Social Media pages and certain parts of the Beserk website offers the opportunity for users to post comments, messages, text, files, images, photos, videos, sounds, other information, material and data (“Content”). Beserk does not screen, edit, publish or review Contents prior to their appearance on the website and Contents do not reflect the views or opinions of Beserk, its agents or affiliates. Contents reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Beserk shall not be responsible or liable for the Contents or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
All Content posted on, transmitted through or linked or tagged from the Website, our Facebook page, Twitter feed or other like application or site that allows for publication of user generated material (Social Media) is the sole responsibility for the person from which the content originated. Beserk account holders or all/any participants on the Website or Social Media applications/pages agrees and takes full responsibility for any contents submitted, posted or made available through the Website via their account or pages on the Website and Social Media platform and you must not post or allow Content to be posted through your account that you do not have any rights or permission to post, is defamatory or in contempt of any legal or other proceedings, is misleading or deceptive or offensive or discriminative in any way or indecent, obscene, pornographic or offensive, infringes any copyright, trade mark, patent or other intellectual property right(s), has promotional material unsolicited or unauthorised advertising or impersonates any person(s) or misrepresents yours or our relationship with any person(s).
We reserve the right to remove or reject any Content from the Website or Social Media platforms at our discretion without notice or reason(s) given. You understand and agree that we may retain server and backup copies of all Content submitted even if the Content has been amended, removed or deleted from your Beserk account or your Social Medial platform. You hereby grant to Beserk a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
In the event, Beserk sell, merge or change control of the business or the Website to a third party, Beserk reserves the right without giving notice or seeking consent from you to disclose the personal information and other Content that we have collected from you to the third party and entitled to assign all benefits of any agreement(s) we have with you to the third party.
Beserk accepts no liability for any delay(s) caused by circumstances beyond our control in performing any of our obligations under this Agreement. This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia. If any right or provision under this Agreement is not enforced or exercised by Beserk, it does not constitute a waiver of any right or provision, all waivers under this Agreement will only be effective if it is in writing and signed by Beserk.