Terms of Use


Overview

These terms set out the agreement for online trading between Born in Byron and you as the user of this website. Please read them carefully before accessing the website further. By accessing or using any part of the site, you agree to be bound by these Terms of Use. You must accept these terms and conditions if you use or purchase from this website. 

These Terms of use apply to all users of the site, including users who are browsers, vendors, customers, merchants or contributors of content.

This Website is operated by Born in Byron. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General Website Information

The information contained in this website is not intended to recommend the self-management of health problems or wellness. It is not intended to endorse or recommend any particular type of medical treatment. Should you have any healthcare-related questions, promptly call or consult your physician or healthcare provider. No information contained in this website should be used by you to disregard medical or health-related advice or provide a basis to delay a consultation with a physician or a qualified healthcare provider.

At Born in Byron, we believe that setting your mindset with a positive outlook can return positive life experiences. In much the same way setting crystals with positive intentions is the best way to manifest the things you wish to attract into your life.

Born in Byron reserves the right to limit the quantities of product sold as it deems necessary. It is a condition of this agreement that you do not purchase any products for the purpose of reproducing, copying, selling, reselling or supplying them as part of a commercial business or in any other way. This includes using our products to advertise or promote your own goods or services unless you have our prior written consent. Customers wishing to be a stockist of Born in Byron products must contact Born in Byron directly, where they will be informed of the options available. 

Placing an Order and Payment

By placing an order, you are making an agreement to purchase the product at the price set on the website.

Payment must be paid in full at the time of placing this order. Payment can be made by the options provided on the payment page. You agree that you are an authorised user of the payment method and account you select to complete payment. 

All orders placed through this website are subject to confirmation and acceptance by Born in Byron. We will email you with confirmation of the receipt of your order. Born in Byron may reject your order for any reason and refund any payment made by you, at any time prior to dispatch.

The Purchase must be paid in full immediately upon entry into the agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

Born in Byron may vary prices in the event of price changes or mistakes on this website without prior notice to you. If Born in Byron requests payment for increased prices, you may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase.

If you require any changes to your order; including incorrect address details you must contact Born in Byron for assistance immediately at hello@borninbyron.com We accept no responsibility for the incorrect details entered and any loss this may result in to you.

Gift Cards
Gift Cards may only be redeemed on the Born in Byron website. Gift Cards are valid for one (1) year from the date of purchase. Gift Cards are not redeemable for cash and are not transferable to another person. 

Born in Byron are not liable for lost or stolen gift card codes and no replacement will be provided in these circumstances. It is your responsibility to maintain confidentiality of your gift card code as it is a once only use.

Promotional Codes

Born in Byron may have special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically. 
Please note only one promotional code may be used per transaction. Unless otherwise specified, each promotional code may only be used once per customer.

Gifts with purchase offers

One free gift per customer. Minimum spend must be accrued in one transaction. Discounted items are not included in these offers. Free gifts not exchangeable for any other product and cannot be redeemed for cash. Not to be used in conjunction with any other offer. Free gifts will be automatically added to your order while stocks last. 

When gift with purchase is offered on orders over a specified amount, the cart must total specified amount after any discounts to qualify. Shipping will not be eligible to contribute towards the required minimum spend. 

If the purchased item is returned, the gift must also be returned or its value will be deducted from the refund.

Free Shipping

When offered, free shipping applies to standard domestic orders in Australia unless otherwise specified. Express shipping may be available at an added cost. 

When Free Shipping is offered on orders over a specified amount, the cart must total the specified amount after any discounts to qualify. 

Return Policy

Purchases are final, we do not accept returns based on change of mind. 

All sales are subject to our Returns Policy.

Faulty Policy

Every product we send out is quality controlled. However, if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law or similar legislation, happily replace it or refund the cost. 

Please see our Returns Policy for further information. Please note that damage or wear and tear in the course of normal use is not considered a manufacturing fault.

Products 

All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. Born in Byron reserve the right to discontinue any product at any time. 

Born in Byron have made every effort to display as accurately as possible the colours and images of our products that appear for sale. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Product Reviews

We may accept both positive and negative reviews, please note all reviews are moderated to ensure appropriate publication if displayed on our website. This means you may submit your review and it may take time to appear on our website as it goes through the approval process. We reserve the right to accept or reject any product review as we see fit, and alter the length. 

Upon submitting a review you agree the review will not contain information that is false, misleading, defamatory, obscene, suggestive, threatening, harassing, abusive, fraudulent, promoting third parties, references to other websites or companies, promoting unsolicited promotions, spamming, advertising or contains any personal information of any third party.

Please do not use reviews to submit any customer service issues or concerns, you can contact our customer service department at hello@borninbyron.com for all assistance.

 Ownership of content, by submitting a review you agree to Born in Byron having the right to publish the review throughout our media channels without any compensation to you.

Security Policy

Born in Byron does not store or keep credit card numbers from online transactions. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures. Born in Byron is not liable for any loss caused to you and is limited in providing assistance once an item is dispatched.

Limitation of Liability

To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this agreement are excluded. If Born in Byron is liable for breach of an imposed guarantee or implied warranty or representation, Born in Byrons liability is, at its option limited to the replacement of the products or the supply of equivalent products, the repair of the products or the payment of having the products replaced or repaired. The option offered will be decided by Byron in Byron.

Born in Byron disclaims all representations and warranties, expressed or implied, regarding any information or other material displayed on this website. Including any warranty of merchantability or fitness for a particular purpose, whether authored by Born in Byron or others.

Born in Byron have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material or information supplied in respect of advertising on this website; and as a consequence of removing any material or information from this website. 

The information on this website is collected from various sources and we are not liable for the usefulness, adequacy or suitability of the information contained in this website.

Born in Byron aims to provide information on this website as accurately as possible. We take all reasonable care to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.

Your Use of the Website

You agree to use this website in accordance with these terms and conditions and not for any unlawful purpose.

You agree not to violate or attempt to violate the security of this website. 

You will not hack the website, Born in Byron computer systems or the computer systems of other users of this website. Hacking means unauthorised access, malicious damage or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer.

By entering this website you agree to these terms and conditions. From time to time, this agreement will be reviewed and may be revised. Born in Byron reserves the right to change this agreement at any time. Any such changes will be posted on this website.

Website Availability

Down-time, either scheduled or unscheduled, may occur. Born in Byron will work within reason to ensure the amount of down-time is limited. Born in Byron will not be held liable for the consequences of any down-time.

Intellectual Property

Born in Byron owns the intellectual property in its written information, independently designed products and images. Born in Byron prohibits the use of its designs and images for any purpose without prior written permission from Born in Byron.

Reproduction of part or all of the contents in any form of this website is prohibited other than for individual and personal use. No part of this Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all materials on this website are protected as the intellectual properties owned by Born in Byron or by other parties that have licensed their material to Born in Byron.

All rights not expressly granted are reserved.

This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Born in Byrons direct control and Born in Byron accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to this website).

You acknowledge that Born in Byron is entitled to require you to remove any link from another website to this website which you install without obtaining Born in Byrons prior written consent.

Third Party

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party vendors. 

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Termination

Born in Byron reserves the right to terminate the agreement to supply products to you at any time before they are dispatched. If the product has not been dispatched to you prior to any termination of this agreement, Born in Byron will refund to you any payment made prior to termination.

Entire Agreement

This Terms of Sale and Use of website agreement together with the other policies on this website are the entire agreement between us.

Governing Law

This Agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.

 Severability

If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.

Medical Disclaimer

BORN IN BYRON IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE.

All information, content, and material of this website is for informational purposes only. It does not substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medical devices or other remedies.

It is not intended to serve as a substitute for the consultation, diagnosis or medical treatment of a qualified physician or healthcare provider.

The information contained on this website is compiled from a variety of sources and is not considered complete.

The information supplied through or on this webpage, or by any representative or agent of Born in Byron, by any form of communication, is for informational purposes only and does not constitute medical, legal or other professional advice. 

The receipt of any questions or feedback that you submit to Born in Byron does not create a professional relationship and does not create any privacy interests. 

YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION PROVIDED BY THE MANUFACTURER OF ANY PRODUCTS OR DEVICES BEFORE USING THEM.

Medical Emergency

If you have a medical emergency, call your doctor or your local emergency service immediately.

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