T + C’s
This website, www.dev.bynye.com is owned and operated by By Nye (ABN 74 797 220 842).
These Terms and Conditions apply to all visitors and users of the By Nye website, www.dev.bynye.com (“the Site”) and govern the use of the Site. By accessing or using the Site in any manner, all users and visitors agree to be bound by these Terms and Conditions.
By Nye is not liable to any person for any loss in relation to the use of the Site. By Nye reserves the right to seek all remedies available for any breach of these Terms and Conditions.
By Nye is based in Australia. All products displayed on the Site are in Australian Dollars (AUD), unless otherwise stated.
2. TERMS OF SALE
Please note that every item on the Site is handmade, has a unique appearance and will not exactly replicate the item displayed on the Site. Stones embedded in the items will vary in appearance from the item displayed on the Site based on the natural properties of the stone. Items cannot be returned on the basis of variation from the item as displayed on the Site.
By ordering and paying for an item from the Site, you are making an offer to purchase that item, which offer is subject to the following terms and conditions and availability.
All items available for purchase on the Site are made to order. By Nye dispatch all orders within 5 to 10 business days of order. Shipping information is outlined at paragraph 3 below.
By ordering and paying for an item from the Site, users acknowledge that they are the holder of a valid credit card or debit card issued by a bank acceptable to By Nye. By Nye reserves the right to reject any offer made by a user. If an offer is accepted By Nye, the user will receive email confirmation that the offer has been accepted and that the order has been processed. In placing an order, the user undertakes that all personal information and details are true and accurate and that the user is authorised to pay for the item(s) subject to the order using the relevant credit card/debit card and that there are sufficient funds in the relevant account to cover the cost of the order. All prices advertised on the Site are subject to change without notice.
If any details provided by the user are incorrect, resulting in a lost or delayed order, By Nye is not liable for any losses incurred by the user. If any details provided by the user are incorrect, resulting in an order that is returned to By Nye after having been dispatched, the user is liable to pay any further shipping costs incurred.
All domestic orders (to an address in Australia) made on the Site will be delivered to the user via Australia Post Express Post, which guarantees next day delivery in metropolitan areas in Australia. A flat shipping rate of AUD$10.00 applies to all domestic orders.
All international orders made on the Site will be delivered to the user via Australia Registered Post International, which takes 6-10 business days from dispatch to delivery. A flat shipping rate of AUD$25.00 applies to all international orders. Any international duties, taxes or charges that may be applied in the user’s country of residence are the sole responsibility of the user.
Once an order has been dispatched by By Nye and is delivered to the delivery address specified by the user in the order, the risk and title in the goods passes to the user.
By Nye is not required to provide a refund or replacement if a user changes their mind on an order.
By Nye offers an exchange if an item purchased from the Site has a major problem, which cannot be repaired. This is when the item:
- has a problem that would have stopped the user from purchasing the item had they known about the problem;
- is unsafe;
- is significantly different from the description; or
- does not serve the purpose it is intended and cannot be easily fixed.
If the problem is not major, By Nye will repair any faulty item within a reasonable time, if notified of the fault within 10 business days of receipt of the order. Notification must be sent by email to firstname.lastname@example.org. If the item is not repaired within a reasonable time, the user will be entitled to choose a replacement. If an item is returned for any reason, the user will incur the cost of return shipping to By Nye. Returned items must be packed in their original packaging and sent to By Nye via Australia Registered Post. By Nye will incur the costs of shipping any repaired or replacement item to the user.
Proof of purchase is required for any refund or replacement.
5. INTELLECTUAL PROPERTY
The Site is owned by By Nye, and is subject to copyright. All information and material on the Site is protected by Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Cth), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site;
(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or
(c) use or apply, for commercial purposes any material or information on the Site, without the prior written consent of By Nye.
All brands, names and trademarks displayed on the site are the property of By Nye.
Nothing on the Site gives rise to and cannot be construed as granting any licence or the right to use any trademark appearing on the site without the express written permission of By Nye.
By Nye, at its sole discretion, may without notice amend all or part of the Site, including these Terms and Conditions. Continued access or use of the Site constitutes acceptance of these Terms and Conditions as at the date of access or use by the user and/or visitor to the Site.
7. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are to be interpreted in accordance with the relevant laws of Australia, and in the event that any dispute or claim should arise in relation to the Site, that dispute shall be heard exclusively before Australian courts.