Terms of Service

TERMS OF SERVICE · BYRON GRACE

This document governs the use of the website and the services offered. Read carefully before accessing or using the Website. By accessing it, you accept all the terms and conditions described herein.

Governed by the laws of Australia  |  Contact: info@byrongrace.com

20 Sections · Australia (Governing Law) · info@byrongrace.com (Contact)

OVERVIEW

This website is operated by Byron Grace. The terms "we", "us" and "our" refer to Byron Grace. By visiting the website and/or purchasing products, the user accepts the following Terms of Service, including any additional terms and policies referenced or available via hyperlink.

These Terms of Service apply to all users of the Website, including browsers, suppliers, customers, merchants and/or content providers.

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, do not access the Website or use the Services.

We reserve the right to update, modify or replace any part of these Terms of Service. It is your responsibility to check periodically for changes.

Section 1 · ONLINE STORE TERMS AND CONDITIONS

By agreeing to these Terms of Service, the user declares that they are at least the age of majority in the state or territory where they reside, and that they have authorised us to allow their minor dependents to use this Website.

You may not use our products for any illegal or unauthorised purpose.

You may not violate any laws in your jurisdiction, including copyright laws.

The transmission of worms, viruses or any code of a destructive nature is prohibited.

A breach of any Term will result in the immediate termination of the Services.

Section 2 · GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone, at any time and for any reason. The user acknowledges that Content (except credit card information) is transmitted without encryption and may involve transmission over different networks.

Credit card information is always encrypted during transmission over networks. The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission.

Section 3 · ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this website is not accurate, complete or current. The material on this website is provided for general information purposes only and should not be used as the sole basis for making decisions.

This site may contain certain historical information which, by nature, is not current. We reserve the right to modify the content of this site at any time, without any obligation to update the information.

Section 4 · MODIFICATIONS TO SERVICES AND PRICES

The prices of our products are subject to change. We reserve the right to modify or discontinue the Service at any time without prior notice. We will not be liable to the user or any third party for any modification, price change, suspension or discontinuation of the service.

Conclusion of the contract: The presentation of products in the online store does not constitute a legally binding offer, but a non-binding online catalogue. By clicking "Buy", the user makes an offer to enter into a purchase contract. The confirmation email of receipt does not constitute acceptance of the contract.

Warranty: Statutory consumer guarantees under the Australian Consumer Law apply.

Section 5 · PRODUCTS OR SERVICES

Certain products or services may be available only online through the Website. These products may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.

All our products are shipped directly to the consumer by our supplier in Asia. Any charges such as customs duties or import taxes are the responsibility of the consumer.

We do not guarantee that the colours displayed on your monitor accurately match the actual colours of the product.

We reserve the right to limit the sale of products to any person, geographical area or jurisdiction.

Any offer of a product or service on this website is void where prohibited by law.

Section 6 · ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, at our discretion, limit or cancel purchase quantities per person, household or order. In the event of a change or cancellation of an order, we will attempt to notify the user via the email or billing address provided.

The user agrees to provide current, complete and accurate purchase and account information. They also agree to promptly update account information, including email and credit card numbers.

Section 7 · OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools over which we have no control or authority. The user acknowledges that these tools are provided "as is" and "as available", without any warranties or endorsement on our part.

Any use of optional tools is at your own risk. You must ensure that you are aware of and agree to the terms under which the tools are offered by the respective third-party provider.

Section 8 · LINKS TO THIRD-PARTY PROVIDERS

Certain content, products and services available through our Service may include third-party material. Third-party links on this website may direct you to external websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of these third-party websites. We do not assume any responsibility for third-party materials, products or services. Complaints regarding third-party products should be directed to the respective provider.

Section 9 · COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain submissions or unsolicited materials, you agree that we may edit, copy, publish, distribute, translate and use these comments in any medium at any time, without restriction.

We are not obliged to keep any comment confidential.

We are not obliged to pay any compensation for comments.

We are not obliged to respond to any comments.

Comments must not violate the rights of third parties, including copyright, trademark or privacy rights. The user is solely responsible for their comments and their accuracy. Any additional customs charges or import duties are not included in the price and are the responsibility of the customer.

Section 10 · PERSONAL INFORMATION

The provision of personal information through the Store is subject to our Privacy Policy. Please refer to our Privacy Policy for more details.

Section 11 · ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website or service may contain information with typographical errors, inaccuracies or omissions, relating to product descriptions, prices, promotions, shipping costs, delivery times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after the submission of the order.

Section 12 · PROHIBITED USES

In addition to the prohibitions set out in the Terms of Service, the user is prohibited from using the Website or its Content to:

Any unlawful or unauthorised purpose.

Encourage or participate in any illegal activity.

Violate international, federal, state, territory or local regulations, rules or laws.

Infringe our intellectual property rights or those of third parties.

Harass, abuse, insult, defame or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.

Provide false or misleading information.

Upload or transmit viruses or other malicious code.

Collect or track the personal information of third parties.

Interfere with or circumvent the security features of the Service.

We reserve the right to terminate the use of the Service in the event of a violation of any prohibited use.

Section 13 · DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that the use of the Service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results obtained will be accurate or reliable.

The user expressly agrees that the use of the Service is at their own risk. The Service is provided "as is" and "as available", without any representation, warranty or condition, express or implied.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot be lawfully excluded. To the extent permitted by law, our liability is limited to the maximum allowed.

Section 14 · INDEMNIFICATION

The user agrees to indemnify, defend and hold harmless Byron Grace and its partners, employees, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and interns from any claim or demand, including reasonable legal fees, arising from the breach of these Terms of Service or the violation of any law or rights of third parties.

Section 15 · SEVERABILITY

In the event that any provision of these Terms of Service is deemed unlawful, void or unenforceable, that provision shall nevertheless be applicable to the maximum extent permitted by law. The unenforceable part shall be considered severable from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

Section 16 · TERMINATION

The obligations and liabilities of the parties prior to the date of termination shall remain in effect after the termination of this Agreement. These Terms of Service remain in effect until terminated by you or by us.

If, at our discretion, you breach or we suspect that you have breached any term, we may terminate this Agreement at any time without prior notice. You will remain liable for all amounts due up to the date of termination.

Section 17 · ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules published by us on this Website constitute the entire agreement and understanding between you and us, governing your use of the Service, and supersede all prior agreements, communications and proposals.

Section 18 · GOVERNING LAW

Jurisdiction
Australia

These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and interpreted in accordance with the laws of Australia.

Section 19 · CHANGES TO THE TERMS OF SERVICE

You can review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service.

It is your responsibility to check our website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.

Section 20 · CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

Contact Email
info@byrongrace.com

SUMMARY OF THE TERMS OF SERVICE

▶ Governing Law — Australia

▶ Liability — Service provided "as is" — no guarantee of results

▶ Prohibited Uses — Illegal purposes, viruses, discrimination, false information

▶ Consumer Rights — Australian Consumer Law guarantees apply

▶ Customs and Import — The responsibility of the consumer — shipped from Asia

▶ Contact — info@byrongrace.com