Terms of service

Last updated: [DATE]

Welcome to By Amberly.

These Terms and Conditions govern your use of the By Amberly website and any purchases made through our online store.

Throughout these Terms and Conditions, the terms “we”, “us” and “our” refer to By Amberly. The terms “you” and “your” refer to any person accessing our website or purchasing products from us.

By accessing our website or placing an order with us, you agree to these Terms and Conditions, together with our Privacy Policy, Shipping Policy and Returns & Refunds Policy.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law (ACL) or other applicable Australian legislation.

SECTION 1 – ONLINE STORE TERMS AND AGE REQUIREMENT

By using this website, you confirm that you are at least 18 years of age or that you have permission from a parent or legal guardian to use the website and make purchases.

You must not use our website, products or Services for any unlawful, fraudulent, prohibited or unauthorised purpose.

You must not violate any applicable Australian laws or regulations when using our website or Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse or cancel service or orders where we have a legitimate reason to do so, subject to applicable Australian law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our website or Services without our prior written permission, except where permitted by law.

We may make reasonable changes to our website and Services from time to time.

SECTION 3 – COMPANY INFORMATION

Trading name: By Amberly
Legal business name: [LEGAL BUSINESS NAME]
ABN/ACN: [ABN OR ACN]
Website: byamberly.com

Business address:
[STREET ADDRESS]
[CITY, STATE, POSTCODE]
[COUNTRY]

Email: [CUSTOMER SERVICE EMAIL]
Telephone: [PHONE NUMBER]

Customer service hours:
[BUSINESS HOURS]
[TIME ZONE]

Important: Unless expressly stated otherwise in our Returns & Refunds Policy, our business or administrative address should not automatically be used as a return address.

Please contact our customer service team and follow the applicable return instructions before sending a product back to us.

SECTION 4 – PRICES, CURRENCY AND TAXES

Unless otherwise stated, prices displayed on our Australian website are shown in Australian Dollars (AUD).

Where applicable, prices include Goods and Services Tax (GST).

Any shipping charges or other applicable costs will be displayed during checkout before you complete your purchase.

We reserve the right to change our prices at any time. Price changes do not affect orders that have already been accepted, except where required or permitted by law.

If an obvious pricing or listing error occurs, we may contact you to correct the issue or cancel and refund the affected order, subject to applicable Australian law.

SECTION 5 – PRODUCTS AND AVAILABILITY

All products are subject to availability.

We make reasonable efforts to display product descriptions, measurements, specifications, photographs and colours as accurately as possible.

However, colours and other visual characteristics may appear differently depending on your device, screen settings and lighting conditions.

We may change or discontinue products from time to time.

Nothing in this section limits any guarantee, right or remedy available to you under the Australian Consumer Law.

SECTION 6 – ORDERS

When you place an order, you agree to provide accurate, complete and current information, including your name, contact information, billing information and delivery address.

Submitting an order does not necessarily mean that we have accepted it.

We may refuse or cancel an order where reasonably necessary, including in cases involving:

  • suspected fraud or unauthorised transactions;

  • incorrect pricing or product information;

  • unavailable stock;

  • payment failure;

  • incorrect or incomplete customer information; or

  • circumstances where fulfilling the order would violate applicable law.

If we cancel an order after receiving payment and no goods have been supplied, we will refund the applicable amount using the original payment method where reasonably possible.

SECTION 7 – PAYMENT

Available payment methods are displayed during checkout.

Payments may be processed by third-party payment providers. By selecting a payment method, you may also be subject to the terms and privacy practices of the relevant payment provider.

We do not intentionally store complete payment card details where payments are processed securely by third-party payment providers.

You are responsible for ensuring that you are authorised to use the payment method selected for your purchase.

SECTION 8 – SHIPPING AND DELIVERY

Shipping options, estimated delivery times and applicable shipping charges are described in our Shipping Policy or displayed during checkout.

Delivery times are estimates unless we expressly agree otherwise.

Delays may occasionally occur due to circumstances outside our reasonable control, including carrier delays, customs procedures, severe weather or other disruptions.

Your rights under the Australian Consumer Law remain unaffected.

Please ensure that the delivery information provided when placing your order is accurate and complete.

SECTION 9 – RETURNS, REFUNDS AND CONSUMER GUARANTEES

Our products come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Depending on the circumstances, if a product fails to satisfy an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy.

Nothing in our Returns & Refunds Policy or these Terms and Conditions excludes or limits those statutory rights.

Any additional change-of-mind return policy offered by By Amberly is separate from your rights under the Australian Consumer Law and will be described in our Returns & Refunds Policy.

Before returning an item, please contact us at:

[CUSTOMER SERVICE EMAIL]

We will provide the applicable return instructions and, where relevant, the return address.

Do not send returns to our administrative or business address unless we specifically instruct you to do so.

SECTION 10 – PERSONAL INFORMATION

Personal information submitted through our website is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Please review our Privacy Policy for further information about how we collect, use, disclose and protect personal information.

SECTION 11 – INTELLECTUAL PROPERTY

Unless otherwise indicated, the content available through the By Amberly website, including text, branding, graphics, logos, photographs, designs and other materials, is owned by or licensed to By Amberly and is protected by applicable intellectual property laws.

You may use the website for your personal and non-commercial purposes.

You must not reproduce, distribute, modify, commercially exploit or otherwise use our protected content without our prior written permission, except where permitted by law.

SECTION 12 – THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites or use services provided by third parties, including payment processors, delivery providers and technology platforms.

Third-party websites and services are generally governed by their own terms and privacy policies.

To the extent permitted by law, we are not responsible for third-party websites that are outside our ownership or reasonable control.

SECTION 13 – WEBSITE INFORMATION

We make reasonable efforts to ensure information provided on our website is accurate and current.

Occasionally, information may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates or availability.

Where permitted by law, we may correct errors or update information.

Nothing in this section affects rights you may have under the Australian Consumer Law.

SECTION 14 – LIMITATION OF LIABILITY

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot legally be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

To the maximum extent permitted by law, By Amberly will not be liable for indirect or consequential loss arising from circumstances beyond what applicable law requires us to cover.

Any limitation or exclusion contained in these Terms and Conditions applies only to the extent permitted by law.

SECTION 15 – PROHIBITED USES

You must not use our website:

  • for unlawful or fraudulent purposes;

  • to violate applicable laws or regulations;

  • to infringe intellectual property rights;

  • to transmit malicious software, viruses or harmful code;

  • to attempt to gain unauthorised access to our systems;

  • to collect personal information about others unlawfully;

  • to interfere with the security or operation of our website; or

  • to engage in conduct intended to deceive, harass or harm another person.

We may restrict access to our website where reasonably necessary to protect our customers, business, systems or legal rights.

SECTION 16 – CHANGES TO THESE TERMS

We may update these Terms and Conditions from time to time.

The latest version will be published on our website together with the applicable “Last updated” date.

Changes will generally apply from the date they are published and will not retrospectively remove rights that have already arisen under an existing purchase or applicable law.

SECTION 17 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent necessary and permitted by law.

The remaining provisions will continue to apply.

SECTION 18 – GOVERNING LAW

These Terms and Conditions are governed by the laws applicable in [STATE/TERRITORY, AUSTRALIA], and the parties submit to the jurisdiction of the courts and tribunals having jurisdiction in that location, subject to any mandatory consumer protections or jurisdictional rights that apply.

Nothing in this section limits any rights available to consumers under the Australian Consumer Law or other applicable legislation.

SECTION 19 – CONTACT INFORMATION

If you have questions about these Terms and Conditions, an order or our Services, please contact us:

By Amberly

Legal business name: [LEGAL BUSINESS NAME]
ABN/ACN: [ABN OR ACN]

Email: [CUSTOMER SERVICE EMAIL]
Phone: [PHONE NUMBER]

Business address:
[STREET ADDRESS]
[CITY, STATE, POSTCODE]
[COUNTRY]

Customer support:
[BUSINESS HOURS]
[TIME ZONE]

Website: byamberly.com