TERMS & CONDITIONS
Last Updated: 11th March, 2025.
1. INTRODUCTION
Welcome to By West. This website, located at www.bywest.com.au (Website), is owned and operated by By West Pty Ltd (ABN 56 677 630 287), based in Queensland, Australia (By West, We, Our, or Us).
By accessing or making a purchase through our Website, you agree to be bound by these Terms of Service (Terms). If you do not accept these Terms, please refrain from using the Website.
We reserve the right to update or modify these Terms at any time. Your continued use of the Website constitutes acceptance of any changes.
2. ORDERS & PAYMENTS
To place an order, you must provide accurate personal and payment information. We accept payments through secure third-party providers; By West does not store credit card details.
All prices are in Australian Dollars (AUD) and include GST, unless stated otherwise. Prices and shipping fees may change at our discretion.
Once an order is placed, you will receive an Order Confirmation. Orders cannot be altered without our approval.
We reserve the right to refuse or cancel any order at our discretion.
3. SHIPPING & DELIVERY
Shipping costs and estimated delivery times are displayed at checkout. Any timeframes provided are estimates only.
We are not responsible for delays caused by third-party carriers, customs, or unforeseen circumstances.
Any additional fees or charges incurred due to restricted property access or unsuccessful delivery attempts will be the responsibility of the customer.
Large and heavy items may require special delivery arrangements. We offer a white glove delivery service for select products.
Damage or Missing Items:
You must inspect your order upon delivery. If any item is damaged, you must notify us within 24 hours with supporting photos.
Failure to report within this timeframe may void any replacement or refund options.
4. RETURNS & REFUNDS
We do not accept returns for change of mind.
We will offer a refund or replacement if:
Your item arrives damaged, and you report it within 24 hours with photographic evidence.
The item is deemed faulty under Australian Consumer Law.
Exclusions:
Natural variations in stone and marble are not considered defects. Each piece is unique.
Items cannot be returned if they are damaged due to improper handling after delivery.
For full details, see our Returns Policy.
5. PRODUCT QUALITY & LIABILITY
Our pieces are crafted to heirloom-quality standards. Natural variations in material are expected and part of the design.
We are not liable for damage caused by improper handling, misuse, or failure to follow care instructions.
Our liability is limited to the original purchase price of the item.
6. PRIVACY & DATA USE
We respect your privacy and handle your personal information in accordance with our Privacy Policy.
We collect necessary personal details to process orders and improve customer experience.
We may use tracking tools (e.g., cookies, analytics) to enhance website functionality.
You can opt out of marketing communications at any time.
For more, see our Privacy Policy.
7. INTELLECTUAL PROPERTY
All content on this Website (including images, text, and designs) is owned by By West or licensed to us.
You may not copy, reproduce, or distribute any content without our written permission.
8. THIRD-PARTY LINKS
The Website may contain links to third-party sites. We are not responsible for their content, security, or policies. Use them at your own risk.
9. DISCLAIMER & LIMITATION OF LIABILITY
To the extent permitted by Australian law:
We do not guarantee that our Website will always be available, uninterrupted, or error-free.
We are not responsible for indirect, incidental, or consequential damages.
Our maximum liability is limited to the price paid for the affected product.
10. GOVERNING LAW & DISPUTES
These Terms are governed by the laws of Queensland, Australia. Any disputes will be handled in Queensland courts.
If you have any questions, please contact us at hello@bywest.com.au