Terms + Conditions
01 GENERAL
This website, www.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.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.
02 TERMS OF SALE
Please note that every item on the Site is handmade to order and takes up to 8 weeks to be produced. Each item 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 6 weeks; the length of production time. 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.
03 SHIPPING
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 6-18 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 through the approved delivery service to the specified address of the user, the risk and title in the goods pass to the user.
04 RETURNS AND EXCHANGES
Unfortunately we don’t offer refunds for change of mind purchases, so please make your selection carefully. If you have any questions, just shoot them through to info@bynye.com
By Nye offers a refund if an item purchased from the Site has a manufacturing fault which cannot be repaired.
You must notify By Nye of the fault within 7 business days of receipt of the order. Notification must be sent by email to info@bynye.com and the item mailed back to our Melbourne store for assessment. Items where the fault can be repaired will be done so within a reasonable amount of time. If the item is not repaired within a reasonable time, the user will be entitled to choose a replacement or refund. By Nye will reimburse the cost of return shipping if the fault is deemed a manufacturing flaw. 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 items to the user.
Proof of purchase is required for any refund or replacement.
By Nye items considered faulty due to reasonable general wear and tear or customer mistreatment will not be considered for replacement or refund.
05 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.
06 VARIATION
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.
07 GOVERNING LAWS + 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.