Terms and Conditions
In these Terms, 'us', 'we' ,'our' and by S I E N N A means by S I E N N A. You and Your means you as the purchaser of Goods from by S I E N N A pursuant to these Terms.
These terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and by S I E N N A ABN 26 584 269 612 of Melbourne Victoria.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
If you have any questions, please contact us via email and we’ll be happy to assist you. firstname.lastname@example.org
1. Compliance with Terms
- 1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and
by S I E N N A for the supply of Goods.
2. Placing Orders for Goods
- 2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
- 2.2. From time to time, by S I E N N A may restrict the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
- 2.3. by S I E N N A will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
- 2.4. You agree to obtain consent to provide by S I E N N A with Personal Information of Goods Ordered by you.
- 2.5. You may Order from by S I E N N A if you are aged 18 years or over, and have an active email account or a telephone number at which you can be contacted.
- 2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
- 2.7. by S I E N N A reserves the right to accept or reject your Order for any reason at any time. If by SIENNA rejects your Order you will receive a refund of any money paid.
3. Availability of Goods
- 3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
- 3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. by S I E N N A will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
- 3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 5.
- 3.4. by S I E N N A reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and by S I E N N A will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
- 3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
- 3.6. You acknowledge and agree that:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
4. Price and payment
- 4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
- 4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
- 4.3. by S I E N N A reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
- 4.4. Payment methods are specified on the Website or told to you at the time you place your Order. They include PayPal. The name on any credit card used for payment must match the name on the Order. Other methods of payment, including cash and cheques can not be used.
- 4.5. Any payment for an Order must be cleared by by S I E N N A before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
- 4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- 4.7. Lay-by is not available for Orders.
5. Order cancellations and returns
- 5.1. Unless provided for under these Terms or as otherwise agreed by by S I E N N A, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Exchanges & Returns Policy.
- 5.2. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
- 5.3. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
- 5.4. by S I E N N A will process any refunds within a reasonable time as per the Exchanges & Returned policy.
- 5.5. If the original payment was made via paypal, refunds will be processed on the same paypal account as the original payment was made.
6. Promotions and discounts
- 6.1. You may receive online offers and promotions with your Order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
- 6.2. All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
- 7.2. Unless otherwise indicated in your account settings or at the time you placed your Order, by S I E N N A may send you marketing information
- 7.3. If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account.
- 7.4. by S I E N N A reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
8. Risk & Liability
- 8.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent .
- 8.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
- 8.3. You represent and warrant to by S I E N N A that by S I E N N A will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
- 8.4. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
- 9.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
- for convenience, at any time, on giving notice to you; or
- immediately if by S I E N N A reasonably believes that you have breached these Terms and:
- that the breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
- 10.1. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
- 10.2. by S I E N N A may give notice to you by electronic mail. You may give notice to by S I E N N A by electronic mail.
- 10.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
- 10.4. A failure or delay by by S I E N N A to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by by S I E N N A does not preclude its future exercise or the exercise of any power or right.
- 10.5. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne, Victoria.
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by by S I E N N A to deliver Goods.
Delivery Fee means a fee for the delivery of Goods – see clause 9.
Goods means the items offered for sale on the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from by S I E N N A under these Terms
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Exchages & Returns Policy means the by S I E N N A Exchanges & Returns Policy. View the by S I E N N A Exchanges & Returns Policy here.
Website means the sites available from www.bysienna.com.au