Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to By Odara Jewellery.

These Terms of Service govern your access to and use of our website and your purchase of products from By Odara Jewellery.

In these Terms, “we”, “us” and “our” refer to By Odara Jewellery.

Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.

By accessing our website, creating an account or placing an order, you agree to these Terms of Service and our applicable store policies.

If you do not agree with these Terms, you should not use our website or purchase from our store.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law.

SECTION 1 – ELIGIBILITY AND ACCOUNT INFORMATION

By using this website, you confirm that you are at least the age of majority in your state or territory of residence or that you have permission from a parent or legal guardian.

When placing an order or creating an account, you agree to provide information that is accurate, complete and current.

You are responsible for maintaining the confidentiality of your account details and password and for activities performed through your account.

Please contact us promptly if you believe your account has been accessed without authorisation.

SECTION 2 – PRODUCTS AND AVAILABILITY

We make reasonable efforts to ensure that product descriptions, photographs, colours, measurements, materials and other information displayed on our website are accurate.

However, colours and finishes may appear slightly different depending on your screen, device settings and lighting conditions. Minor variations may also occur between individual pieces.

These reasonable variations do not affect any rights you may have under the Australian Consumer Law where a product is materially different from its description.

All products are subject to availability. We may limit quantities, discontinue products or correct product information when reasonably necessary.

SECTION 3 – JEWELLERY MATERIALS AND CARE

Our pieces may include gold-plated, white rhodium-plated and other jewellery finishes, as described on the relevant product page.

Plated jewellery can naturally experience gradual wear, fading or tarnishing depending on frequency of use, skin chemistry, storage and exposure to moisture or chemicals.

To help preserve your jewellery, we recommend:

• Avoiding contact with water, perfume, lotions and chemicals.
• Removing jewellery before showering, swimming, sleeping or exercising.
• Storing each piece in a clean, dry and protected place.
• Cleaning jewellery gently and avoiding abrasive products.

Reasonable wear caused by normal use, improper storage or failure to follow care instructions may not constitute a manufacturing fault.

However, nothing in this section excludes your rights where a product is faulty, not of acceptable quality, not reasonably durable or otherwise fails to comply with the Australian Consumer Law.

SECTION 4 – HYGIENE AND RETURNS

We do not accept returns, exchanges or refunds for change of mind.

For hygiene and safety reasons, earrings and other pierced jewellery cannot be returned or exchanged for change of mind, particularly where the packaging or hygiene seal has been opened, removed or tampered with.

This restriction does not apply where an item is faulty, damaged, incorrect, not as described or otherwise covered by the Australian Consumer Law.

All return, refund and remedy requests are handled according to our Refund & Returns Policy:

https://byodarajewellery.com/policies/refund-policy

SECTION 5 – ORDERS

Placing an order constitutes an offer to purchase the selected products.

An automated order confirmation acknowledges that we have received your order. We may need to review payment, stock availability and order details before dispatch.

We may cancel or decline an order where reasonably necessary, including because:

• A product is unavailable.
• Payment could not be authorised.
• Incorrect information was provided.
• A material pricing or product-description error occurred.
• We reasonably suspect fraud or unauthorised activity.
• We cannot deliver to the address provided.

If we cancel an order after payment has been received, we will refund the applicable amount to the original payment method.

Please review your order carefully before completing checkout. If you need to request a change or cancellation, contact us as soon as possible. We will try to assist, but changes cannot be guaranteed once an order has been processed or dispatched.

SECTION 6 – PRICES AND PAYMENT

All prices displayed on our website are in Australian dollars (AUD), unless otherwise stated.

Prices include applicable taxes where required. Shipping charges, international customs duties and other applicable charges will be displayed or explained separately.

We reserve the right to update prices and promotions. However, price changes will not affect orders that we have already accepted, except where there is an obvious pricing error.

You agree to provide accurate billing and payment information and confirm that you are authorised to use the payment method provided.

Discount codes and promotional offers may be subject to additional conditions and expiry dates. Unless otherwise stated, promotional offers cannot be combined.

SECTION 7 – SHIPPING, DELIVERY AND LOCAL PICKUP

Orders are processed and delivered according to our Shipping Policy:

https://byodarajewellery.com/policies/shipping-policy

Delivery timeframes are estimates and may be affected by postal delays, severe weather, peak periods or circumstances outside our reasonable control.

We remain responsible for assisting with delivery issues where required. If your order is delayed, missing, damaged in transit or marked as delivered but cannot be located, please contact us so we can investigate with the relevant carrier.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law.

Where local pickup is selected, you must wait until you receive confirmation that your order is ready before attending the pickup location.

SECTION 8 – INTERNATIONAL ORDERS

Where international shipping is available, customers are responsible for any customs duties, import taxes or government charges imposed by the destination country.

These charges are not controlled by By Odara Jewellery and are generally not included in the product or shipping price unless expressly stated at checkout.

International delivery timeframes may be affected by customs processing.

SECTION 9 – INTELLECTUAL PROPERTY

The content of this website, including our brand name, logo, photographs, graphics, videos, text, product descriptions and website design, is owned by or licensed to By Odara Jewellery and is protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial purposes.

You must not reproduce, copy, modify, distribute, publish, sell or commercially exploit our content without our prior written permission, except where permitted by law.

Shopify and other third-party names, trademarks and content remain the property of their respective owners.

SECTION 10 – REVIEWS AND USER CONTENT

If you submit a review, photograph, comment, suggestion or other content to us, you confirm that:

• The content is truthful and based on your genuine experience.
• You own the content or have permission to share it.
• It does not infringe another person’s rights.
• It is not unlawful, misleading, abusive or harmful.

You grant us permission to use, reproduce and display content you voluntarily submit for the purposes of operating and promoting By Odara Jewellery.

We may remove content that is unlawful, misleading, offensive, irrelevant or infringes the rights of another person.

SECTION 11 – THIRD-PARTY SERVICES AND LINKS

Our website may include links to or features provided by third parties, including payment providers, social media platforms and delivery services.

Third-party websites and services are governed by their own terms and privacy policies. We are not responsible for third-party content or services outside our reasonable control.

This section does not exclude any responsibility that cannot lawfully be excluded.

SECTION 12 – SHOPIFY

Our online store is hosted by Shopify.

Purchases made through the website are transactions between you and By Odara Jewellery. Shopify provides the ecommerce platform but is not the seller of our products.

Shopify may process certain personal information to provide and improve its services. More information about how personal information is handled is available in our Privacy Policy:

https://byodarajewellery.com/policies/privacy-policy

SECTION 13 – ERRORS AND CORRECTIONS

Occasionally, our website may contain typographical errors, incorrect prices, product-description errors or inaccurate availability information.

We may correct these errors and update information when reasonably necessary.

If an error materially affects an order you have already placed, we will contact you and provide an appropriate option, which may include proceeding with the corrected information or receiving a refund.

SECTION 14 – PROHIBITED USES

You must not use our website:

• For unlawful, fraudulent or malicious purposes.
• To infringe intellectual property, privacy or other legal rights.
• To transmit viruses, malicious code or harmful material.
• To collect another person’s information without authorisation.
• To interfere with the website’s operation or security.
• To send spam or misleading communications.
• To impersonate another person or misrepresent your identity.
• To scrape, copy or commercially exploit website content without permission.

We may restrict or terminate access where we reasonably believe these Terms have been seriously breached.

SECTION 15 – WEBSITE AVAILABILITY

We aim to keep our website available, accurate and secure. However, uninterrupted access cannot be guaranteed.

The website may occasionally be unavailable because of maintenance, technical problems, updates or circumstances outside our reasonable control.

To the extent permitted by law, we are not responsible for losses caused solely by temporary website unavailability that was outside our reasonable control.

SECTION 16 – AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You may also be entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

More information about returns and faulty products is available in our Refund & Returns Policy.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms limits liability or responsibility that cannot lawfully be excluded, including liability arising under the Australian Consumer Law.

To the extent permitted by law, we are not responsible for indirect or consequential losses that were not reasonably foreseeable or were caused by circumstances outside our reasonable control.

You are responsible for using and caring for products in accordance with the product information and care instructions provided.

SECTION 18 – PRIVACY

Our collection, use and disclosure of personal information are governed by our Privacy Policy:

https://byodarajewellery.com/policies/privacy-policy

Because our store is hosted by Shopify, certain information may also be processed by Shopify and other service providers to operate the website, process payments and fulfil orders.

SECTION 19 – TERMINATION

We may suspend or terminate access to our website where we reasonably believe a user has committed fraud, engaged in unlawful activity or seriously breached these Terms.

Termination does not affect rights or obligations that arose before termination, including obligations relating to completed orders, payment, intellectual property, privacy and consumer rights.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be removed or limited to the extent necessary.

The remaining provisions will continue to apply.

SECTION 21 – ENTIRE AGREEMENT

These Terms and the policies referenced in them form the agreement between you and By Odara Jewellery regarding your use of our website and purchases from our store.

If there is an inconsistency between these Terms and a mandatory requirement of applicable law, the law will prevail.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia, and applicable Commonwealth laws.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

SECTION 23 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, website, policies or legal obligations.

The most current version will be published on this page.

Changes will not retrospectively remove rights relating to orders placed before the updated Terms became effective.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms can be sent to:

By Odara Jewellery
ABN: 97 572 778 720
Email: hello@byodarajewellery.com