WEBSITE USE TERMS AND CONDITIONS
R.G. Welsh & Y.R. Welsh T/As byvonne
The term ‘R.G. Welsh & Y.R. Welsh T/As byvonne’ or ‘us’ or ‘our’ or ‘we’ refers to R.G. Welsh & Y.R. Welsh T/As byvonne, the owner of the website, whose registered office is 18, Katoomba Avenue, San Remo, New South Wales 2262. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
- The content of this website is for your general information and use only. It is subject to change without prior notice.
- Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
- Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
- This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales.
- You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
- These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
- These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
- You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
- In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
- Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
TERMS & CONDITIONS OF SALE
R.G. Welsh & Y.R. Welsh T/As byvonne
R.G. Welsh & Y.R. Welsh T/As byvonne shopping site known as byvonne.com.au and (the “Site”) is a shopping website where you can browse, select and purchase products. (ABN 16 358 710 962)
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
- Placing an order for products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
- Acceptance or rejection of an order
In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
- supply the Products in that order to you in accordance with these terms and conditions; and
- provide you with an email confirmation of that order.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- Back orders
If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
Our Back Order Policy is incorporated into these terms and conditions.
Back Order Policy: we aim to only offer products for online sale where the product is readily available to ship. From time to time however, you may pay for a product that is not readily available for shipping. If this happens, we will notify you as soon as possible to let you know that the item or items are to be placed into our back order system.
We understand that you may not always wish to wait for a product where it is not readily available for shipment. If you wish to cancel this product, you can do so while the order is still in our back order system by contacting Customer Service on +61 428 94 88 99. We will refund the amount that you paid for the product.
In the instance where a product is not readily available for shipment, we will use our best endeavours to procure the product from our suppliers. We also guarantee to lock in the original purchase price of the back ordered item.
If we are not able to procure the product within this time-frame we will contact you and let you know the options which could include:
A. If we are not able to source the product from the advertised supplier, we may need to cancel the order for the product and provide you with a refund; or
B. If we are able to source the product from a different supplier at a higher price than originally advertised, we will give you a choice as to whether you wish to purchase the product at the higher price. If you decide that you no longer want the product, we will provide you with a refund of the original price paid.
- Delivery of products
- We will only deliver Products ordered through the Site to the location specified by you as entered on your order. If this is incorrect, or you change your delivery address after the order is processed, a re-delivery fee will apply.
- You may obtain further information on the Site about our delivery time frames and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product).
- You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
- As you will be choosing the type of delivery i.e. Aust. Post, Courier or Collect, then the following will apply:
- Australia Post: parcel will be sent receipted delivery needing a signature, otherwise a card will be left indicating collection at your local Post Office.
- Courier: parcel will be sent with tracking, needing a signature, otherwise a card will be left requesting you call the designated number to organise re-delivery.
- Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
- NOTE: You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.
- Risk and title
Title and risk of loss or damage to the Products shall pass to you on the physical delivery of the Products to the address identified by you in the Order.
- Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- the Products in that order are not available; or
- there is an error in the price or the product description posted on the Site for the Product in that order; or
- that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions. You agree to pay for any return/added postage and fees incurred.
- Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. GST will be removed from international sales at time of invoice and refunded if appropriate, once freight has been calculated.
The purchase price of each Product is shown on the product list on the Site at the time you place your order.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then:
- subject to above, we will refund any amounts paid by you for that cancelled order;
- we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery and a 10% restocking fee will be charged.
- Payment methods
You may pay the fees and charges for an accepted order through PayPal..
We welcome your order and payment over the phone if you prefer. Payment can be by credit card or direct deposit to our account. The order will be sent once the payment is authorised.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
- Damaged Products and Returns
You must check any Product delivered to you to determine if it is damaged. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.
We will not pay any added delivery charges where the Products have been delivered to you, unless you are returning the Product because it was damaged.
Subject to clause 13.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
Subject to clause 13.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
- in the case of services: the resupply of the services; or the payment of the cost of resupply; and
- in the case of goods: the replacement of the goods, the supply of equivalent goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods).
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
- the breach cannot be remedied; or
- you fail to the remedy the breach within 10 days of our notice to you of that breach; or
- if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
- Changes to these terms and conditions
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
- Contact Hours means 9am to 5pm Monday to Friday (Sydney time).
- Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
- GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
- LoginID means the email address that you provided to us as part of the registration process to use the Site.
- Product means each good or service that is advertised on the Site.
- Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law.
Respecting your privacy
byvonne is committed to supporting the ‘National Privacy Principles for the Fair Handling of Personal Information’ which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations.
Our respect for our customers’ right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the National Privacy Principles.
– Matters of which you should be aware regarding information we may collect about you;
– Our policies on the management of personal information; and
– Generally, what sort of information we hold, for what purposes, and how we collect, hold, use and disclose that information.
What personal information do we collect and store?
So that we can provide services to you, we may ask for personal details such as your name, address, telephone number or e-mail address. Some examples of where we may need these details are pre-orders, home deliveries, competitions & promotions and when you opt-in to receiving marketing newsletters from byvonne which may include
Privacy law requires us to collect personal information about you only from you if it is reasonable and practical to do so.
byvonne takes measures to ensure your personal information is protected from unauthorised access, loss, misuse, disclosure or alteration. We also take measures to destroy or permanently de-identify personal information when it is no longer required. The types of measures we take vary with the type of information, and how it is collected and stored.
Generally, you have no obligation to provide any information requested by us. If you choose to withhold requested information however, we may not be able to provide you with the goods and services that depend on the collection of that information, particularly if the collection of that information is required by law.
Access to your personal information
We will provide you with access to any of your personal information we hold (except in the limited circumstances recognised by privacy law).
If you need to update your information (eg. if you change your address), please log into the site or contact byvonne.
More information about Privacy law and the National Privacy Principles is available from the Federal Privacy Commissioner atwww.privacy.gov.au.