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OVERVIEW
Welcome to ByLorai. The terms “we”, “us” and “our” refer to ByLorai. ByLorai 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”). ByLorai is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or 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 Privacy Policy, you should not use or access 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 place of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted online.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. ByLorai reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until ByLorai confirms acceptance and payment has been successfully processed.
Please review your order carefully before submitting, as ByLorai may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you using the contact details provided at checkout.
Your purchases are subject to return or exchange in accordance with our Refund Policy [LINK] and your rights under Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and confirmed in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase, payment and account information and to promptly update such information so that we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for shipping or delivery delays caused by carriers, customs processing, weather, peak periods or events outside our control.
Once products are handed over to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video, audio, and the design and arrangement thereof, are owned by ByLorai, its affiliates or licensors and are protected by Australian and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify or exploit any portion of the Services without our prior written consent.
ByLorai’s name, logos, product and service names, designs and slogans are trademarks of ByLorai. Shopify’s name and branding are trademarks of Shopify. All other trademarks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools which we neither monitor nor control. These tools are provided “as is” and “as available” without warranties of any kind. We are not liable for issues arising from your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party websites and you access them at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ByLorai is powered by Shopify, which enables us to provide the Services. All sales and purchases are made directly with ByLorai. Shopify is not responsible for any aspect of transactions between you and ByLorai, and you expressly release Shopify and its affiliates from any related claims.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and understood these privacy policies.
SECTION 11 - FEEDBACK
If you submit feedback, reviews or suggestions, you grant ByLorai a perpetual, worldwide, royalty-free licence to use such feedback for any lawful purpose. You represent that you have all rights necessary to submit such feedback.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors, inaccuracies or omissions and to cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the Services for unlawful purposes, to violate laws, infringe intellectual property rights, harass others, transmit malicious code, scrape data, or interfere with site security. We reserve the right to terminate access for violations.
SECTION 14 - TERMINATION
We may terminate or suspend access to the Services at our discretion. Obligations incurred prior to termination will survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available” without warranties of any kind, except as required by law. We do not guarantee uninterrupted or error-free service.
SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies conferred by Australian Consumer Law or any other applicable law that cannot be excluded.
To the fullest extent permitted by law, ByLorai and its affiliates will not be liable for any indirect, incidental or consequential damages arising from the use of the Services or products.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless ByLorai, Shopify and their affiliates from any claims arising from your breach of these Terms or violation of any law.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions will remain in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and ByLorai and supersede any prior agreements. Failure to enforce any provision does not constitute a waiver.
SECTION 20 - ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Australia, and you submit to the non-exclusive jurisdiction of the courts of Australia.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms at any time by posting changes to our website. Your continued use of the Services constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@bylorai.com.