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Terms and Conditions

THE TERMS AND CONDITIONS OUTLINED HERE DEFINE YOUR RIGHTS, OBLIGATIONS AS A CONSUMER ON OUR SITE. BY ACCESSING OR USING THE SITE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS

These terms and conditions apply to the purchase and sale of products (“Products”) through www.byelora.com (the “Website”). By placing an order for such Products, you agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change by BY ELORA Pty Ltd. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this Website, and you should review these terms and conditions prior to purchasing any Product. These terms and conditions are an integral part of the Website terms of use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for goods through this Website.

  • ORDER ACCEPTANCE AND CANCELLATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was cancelled.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

  • PAYMENT TERMS, SHIPPING FEES AND TAXES AND DUTIES

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:

All custom made orders and pre orders can be made by contacting us at care@byelora.com. If you pre-order or custom design Products, at the time you place your order, you will be required to pay 100 percent (100%) of the amount due as a deposit plus shipping fees at such time as the Product is ready for shipment. Please be aware that because of the “pre-sale” nature of such transactions, you should expect a delay of approximately 6-13 weeks between the date you place your order and the date that the Product is ready for shipment. If you order Products available for immediate shipping, you will be required to pay the full amount due, plus shipping fees and any taxes associated with the Product at the time you place your order.

Goods shipped within Australia, have a 10% Goods and Services Tax (GST) applied. No other tax or import duty will be applied to orders shipped within the Australia. If you are shipping outside Australia import taxes and duties may apply in the country of delivery. As the recipient, you will be liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.

We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those processors. Further, you represent and warrant that: (i) the credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (ii) charges incurred by you will be honoured by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Payments will be applied in Australian dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

  • CHANGES IN PRODUCTS AND PRICING

All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable.

We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. However, no prices shall affect your Purchase after you have paid your deposit and/or placed your order.

  • SHIPPING POLICY

We offer free complimentary shipping at the moment. No Cash on Delivery (COD) orders can be accepted.

Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorisation.

These shipping terms, including the terms set forth in our Shipping and Delivery policy, are accepted by you by placing an order with us.

  • Advertising Disclaimer and Trademarks

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the cancelled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

  • Limitation of Liability

In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), Product liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.

  • Return Policy

BY ELORA offers return shipping at your own expense. We are pleased to accept timely returns of unused, unworn, unwashed, unaltered and undamaged items within 28 days from the date you received your order. All tags must remain attached to the garment. Your items must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials.

We accept returns on many items, excluding final sale items, which will be indicated on each product page. Returns are eligible for refund to your original method of payment, where applicable.

No returns or exchanges will be accepted on the following items. Sales of the following items are considered final:

  • Customised items
  • Fine Jewellery and earrings
  • Vintage items
  • Sale items

If you would like to return an item please arrange for your products and packaging to returned to our distribution centre as specified on the return slip with the garment.

These return terms, including the terms set forth in our Returns policy, are accepted by you by placing an order with us.

  • Contests and Promotions

On occasion BY ELORA issues promotional codes and similar “gift certificates” to members and non-members in the form of alphanumeric codes which will provide a credit towards a BYELORA.com purchase when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, BY ELORA reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain financial value, generally the price of the item for which the promotional code is used. Multiple promotional codes may not be used for one order transaction. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. BY ELORA shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

  • Miscellaneous

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the Australia, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and National courts of Australia with respect to such matters.