Terms of service
OVERVIEW
Welcome to By Westlyn. The terms “we”, “us” and “our” refer to By Westlyn.
By Westlyn operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).
By Westlyn is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use our Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, responsibilities, warranties, limitations of liability and other matters relating to your use of our Services.
By visiting, interacting with, purchasing from or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or country of residence, or that you have obtained any necessary parental or guardian consent required to use our Services.
To use certain features of our Services, browse our online store or purchase products, you may be asked to provide information including your name, email address, billing information, payment information and shipping address.
You represent and warrant that all information provided by you is accurate, current and complete and that you have the necessary authority to provide such information.
You are responsible for maintaining the security of your account credentials and for all activity occurring under your account.
You may not sell, assign, transfer or license your account to another person without our prior written consent.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible.
However, colours, sizing, proportions, finishes and the overall appearance of products may vary slightly from photographs or digital representations due to lighting, photography, manufacturing variations, screen settings and the device used to view our website.
We do not guarantee that the colour, appearance, finish or other visual characteristics displayed on your device will perfectly match the physical product received.
Product measurements, descriptions, specifications and images are provided for general guidance and may be subject to reasonable variations.
All product descriptions, specifications, prices and availability may be changed at any time without prior notice.
We reserve the right to discontinue any product or limit the quantities available to any individual, geographic region or jurisdiction at our discretion.
Availability of products is not guaranteed until your order has been accepted and processed.
SECTION 3 – ORDERS
When you place an order with By Westlyn, you are making an offer to purchase products from us.
We reserve the right to accept, decline or cancel an order at our discretion, including where:
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A product is unavailable;
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Pricing or product information contains an error;
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Payment cannot be successfully processed;
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We reasonably suspect fraudulent or unauthorised activity;
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Incorrect or incomplete customer information has been provided; or
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We are unable to fulfil the order for another reasonable business-related reason.
An order is not considered accepted until payment has been successfully processed and we have confirmed acceptance or begun fulfilling the order.
Please review your order carefully before submitting it.
Once an order has entered processing or fulfilment, we may not be able to accommodate changes or cancellation requests.
Where an order is changed, declined or cancelled by us, we will make reasonable efforts to notify you using the email address, billing address or telephone number supplied with your order.
Returns, exchanges and refunds are governed by our separate Refund Policy, which forms part of these Terms.
Unless otherwise agreed with us in writing, products purchased through our store are intended for personal use and not for unauthorised commercial resale.
SECTION 4 – PRICES AND BILLING
Prices, discounts, promotional offers and product availability may change at any time without prior notice.
The price charged for a product will generally be the price displayed at the time your order is placed, subject to correction of obvious pricing or technical errors.
Any applicable shipping fees, taxes or other charges will be displayed where required during checkout.
For international customers, additional customs duties, import taxes, VAT, handling charges or other fees may be imposed by the destination country or local authorities.
Unless expressly stated otherwise, such charges are not included in the purchase price and remain the responsibility of the customer.
Promotional discounts may be subject to separate terms, eligibility requirements and expiry dates.
Unless otherwise stated, promotional codes cannot be combined.
You agree to provide accurate, complete and current payment and account information when making purchases.
You represent and warrant that:
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The payment information you provide is accurate;
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You are authorised to use the chosen payment method;
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The payment provider will honour the charges incurred; and
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You will pay all charges associated with your order, including any applicable shipping charges and taxes.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery timeframes displayed on our website are estimates only and are not guaranteed unless expressly stated otherwise.
By Westlyn is not responsible for delays caused by circumstances outside our reasonable control, including but not limited to:
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Postal or courier delays;
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Customs processing;
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Border inspections;
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Severe weather;
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Natural disasters;
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Public holidays;
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Industrial action;
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Transportation disruptions;
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Incorrect or incomplete shipping information supplied by the customer; or
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Delays caused by local postal authorities.
Customers are responsible for ensuring that their shipping address is complete and accurate before placing an order.
If an order cannot be delivered because an incorrect, incomplete or inaccessible shipping address was supplied, additional shipping costs associated with resending the order may be charged to the customer where permitted by applicable law.
Where international orders are transferred from an originating carrier to the postal or courier service operating within the destination country, responsibility for final delivery may be handled by that local carrier.
Customers should monitor their tracking information and contact the relevant postal or courier service where necessary.
Nothing in this section excludes any rights available to you under applicable consumer law.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including our website design, text, graphics, photographs, videos, logos, branding, product photography, layouts, written content and other materials created or owned by By Westlyn are protected by applicable intellectual property laws.
Unless expressly authorised by us, you may not reproduce, modify, distribute, republish, commercially exploit, display, transmit, copy or create derivative works from our proprietary content.
These Terms permit you to access and use our Services for personal and lawful purposes only.
Nothing in these Terms grants you ownership or any licence to use the intellectual property of By Westlyn, Shopify or any third party except where expressly stated.
The names, logos, branding, product names, designs and slogans belonging to third parties remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools, integrations or services supplied by third parties.
We do not necessarily monitor or control these third-party services.
You acknowledge that access to such tools may be provided on an “as is” and “as available” basis without warranties, representations or conditions from By Westlyn regarding their operation.
Your use of third-party tools is at your own discretion and may also be subject to the terms and policies of the relevant third-party provider.
We may introduce additional features, tools and resources in the future. Such features will also form part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites, applications, services or resources.
These third-party services are not necessarily controlled by By Westlyn.
We are not responsible for examining or guaranteeing the accuracy, security, reliability or content of third-party websites.
Accessing third-party services is at your own discretion.
We are not responsible for losses or damages arising directly from transactions between you and third-party providers, except to the extent liability cannot legally be excluded.
Before completing transactions with third parties, you should review their applicable terms, privacy policies and business practices.
Questions regarding third-party products or services should generally be directed to the relevant third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
By Westlyn uses Shopify to provide and operate certain elements of our online store.
However, purchases made through our store are transactions directly between you and By Westlyn.
Shopify provides the technology and infrastructure supporting portions of the Services but is not the seller of the products purchased from By Westlyn.
To the extent permitted by applicable law, Shopify is not responsible for matters arising directly from your purchase of products from By Westlyn.
SECTION 10 – PRIVACY POLICY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our store is powered by Shopify, certain personal information may also be processed by Shopify in connection with providing the ecommerce platform and related services.
Shopify's privacy practices are governed by its own applicable privacy policies.
Information you provide may also be transmitted to payment processors, shipping carriers, fulfilment partners, analytics providers and other third parties where reasonably required to provide our Services.
Some of these service providers may process information in jurisdictions outside your country of residence.
Please refer to our Privacy Policy for further information regarding how personal information is collected, used, disclosed and stored.
SECTION 11 – FEEDBACK AND REVIEWS
If you voluntarily submit reviews, photographs, videos, testimonials, suggestions, feedback, ideas or other content relating to By Westlyn or our products (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to reproduce, display, distribute, adapt and use that Feedback for purposes including operating, improving and promoting our business and Services.
You represent that:
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You have the necessary rights to submit the Feedback;
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Your Feedback does not infringe the intellectual property, privacy or other legal rights of another person;
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Your Feedback is not knowingly false or misleading; and
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Any material relationship, compensation or incentive associated with the Feedback has been disclosed where required by law.
We reserve the right to moderate or remove content that is unlawful, fraudulent, abusive, threatening, obscene, defamatory, misleading, infringing or otherwise inappropriate.
You remain responsible for the content and accuracy of Feedback submitted by you.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information provided through our Services may contain typographical errors, inaccuracies or omissions relating to matters including:
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Product descriptions;
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Product availability;
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Pricing;
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Discounts;
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Promotions;
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Shipping charges; and
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Estimated delivery times.
We reserve the right to correct errors or inaccuracies and update information at any time.
Where permitted by law, we may cancel an order affected by an obvious pricing, availability or technical error and issue any applicable refund.
SECTION 13 – PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use our Services:
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For unlawful, fraudulent or malicious activity;
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To violate applicable international, federal, national, state, provincial, territorial or local laws;
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To infringe intellectual property rights belonging to us or another person;
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To harass, threaten, abuse, defame or harm another person;
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To knowingly provide false or misleading information;
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To transmit spam or unauthorised promotional material;
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To impersonate another person or entity;
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To attempt unauthorised access to our systems or accounts;
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To upload or transmit viruses, malware or malicious code;
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To scrape, crawl or automatically collect information from our website without authorisation;
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To collect or misuse another person's personal information;
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To circumvent security measures; or
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To interfere with the proper operation of our Services.
We reserve the right to restrict, suspend or terminate access to the Services where we reasonably believe these Terms have been violated.
SECTION 14 – TERMINATION
We may suspend or terminate access to all or part of our Services where reasonably necessary, including where these Terms have been materially breached or where fraudulent, unlawful or abusive activity is suspected.
Termination does not remove payment obligations or other liabilities incurred before termination.
Provisions which by their nature should continue after termination will remain in effect, including provisions concerning intellectual property, liability, indemnification, privacy and governing law.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided through the Services is supplied for general informational purposes.
While we aim to keep information accurate and current, we do not guarantee that all information on our website will always be complete, current or free from errors.
To the maximum extent permitted by applicable law, our Services are provided on an “as is” and “as available” basis.
Nothing in these Terms is intended to exclude, restrict or modify any guarantee, warranty, right or remedy that cannot legally be excluded under applicable consumer protection legislation, including the Australian Consumer Law where applicable.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, By Westlyn and its officers, employees, contractors, service providers, agents and affiliates will not be liable for indirect, incidental, special or consequential loss arising from your use of our Services or products where such liability may lawfully be excluded.
This may include loss of profits, revenue, data, savings or other consequential losses.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or liability that cannot lawfully be excluded or limited.
Where liability can lawfully be limited, our liability will be limited to the extent permitted by applicable law.
SECTION 17 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless By Westlyn, Shopify and our respective affiliates, employees, officers, contractors, agents, licensors and service providers from losses, claims or liabilities arising from:
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Your material breach of these Terms;
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Your violation of applicable law;
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Your violation of the legal rights of another person; or
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Your unlawful or unauthorised use of the Services.
This section does not require you to indemnify us for losses caused by our own unlawful conduct, negligence or breach where such liability cannot legally be excluded.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law.
Where necessary, the invalid or unenforceable portion will be severed from these Terms.
The remaining provisions will continue in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies incorporated by reference, constitute the agreement governing your use of our Services.
These Terms supersede any prior representations or agreements concerning your use of the Services to the extent permitted by law.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms as part of a restructuring, sale, transfer or other legitimate business arrangement, subject to applicable law.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements through which we provide Services will be governed by and interpreted in accordance with the laws applicable in the jurisdiction in which By Westlyn is headquartered, without excluding any mandatory consumer protections that apply to customers in other jurisdictions.
Where By Westlyn operates from Australia, applicable Australian laws, including applicable state or territory laws and the Australian Consumer Law, may apply.
SECTION 22 – HEADINGS
Headings used throughout these Terms are provided for convenience only and do not affect the meaning or interpretation of these Terms.
SECTION 23 – CHANGES TO THESE TERMS
You can review the latest version of these Terms of Service on this page at any time.
We reserve the right to amend, update or replace any part of these Terms by publishing an updated version on our website.
Where required by applicable law, we will provide reasonable notice of material changes.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, subject to applicable law.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
By Westlyn
Email: westlynjewlry@gmail.com
Location: Melbourne, VIC, Australia
For customer service enquiries, order assistance, returns or other questions, please contact us using the contact information provided on our website.