By Charlotte | Terms and Conditions

Key Terms:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted;
Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss; and
We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of the Terms or any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties.

Nothing in these terms limit your rights under the Australian Consumer Law.

1 Introduction

(a) This website (Site) is operated by By Charlotte Pty Ltd (ABN: 88 605 001 278) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2 Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

3 Accounts

(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, and save your wish list.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4 Orders

(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(e) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.

(f) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(g) If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

(h) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

5 Price and payments

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts will be stated in the currency you select and are inclusive Australian GST (where applicable).

(b) You must pay the Price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Afterpay, PayPal, Apple Pay or Google Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(g) We may from time to time issue promotional discount codes for certain products on the Site.

(h) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(i) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6 Delivery, title and risk

(a) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b) Delivery costs are set out on the Site and are to be paid in addition to the Price/Delivery costs are included in the Price.

(c) We normally dispatch products within 3 Business Days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) If you need to change the delivery day or delivery address, please notify us immediately in writing at customercare@bycharlotte.com.au. We cannot guarantee that we will be able to amend a delivery address after an Order has been made, and you are responsible for any losses or additional delivery fees associated with providing us an incorrect address.

(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(f) Title to the products will remain with us until we have delivered the products to your delivery address. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(g) If a parcel is damaged or lost before it is delivered to your delivery address, please contact us and we will lodge a claim with the postage provider.

(h) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7 Paddington Piercing Studio

(a) We offer a piercing studio at our Sydney Flagship Boutique, located at 43 William St, Paddington NSW 2021 Australia.

(b) Services, location and online booking options are available on our Piercing Studio page, available here: https://bycharlotte.com.au/pages/piercing-studio. You may book an appointment online or in-store.

(c) Payment: You must pay a deposit at the time of booking your piercing service appointment, and this deposit will be credited towards the full price of your piercing service appointment. Payment for jewellery and any additional services is due at the time of your visit.

(d) Cancellation Policy: If you need to cancel your piercing service appointment, you must do so at least 24 hours in advance. Your deposit may be forfeited if you cancel your piercing services appointment within 24 hours of your scheduled appointment time, arrive more than 15 minutes late to your appointment, or do not attend your appointment. You acknowledge and agree that this is a genuine pre-estimate of our loss.

(e) Arrival time: Please arrive at least 5 minutes prior to your scheduled piercing service appointment. You are required to complete a consent form before your scheduled piercing service appointment.

(f) Late arrivals: if you are late to your scheduled piercing service appointment, your appointment length may be shortened to ensure there is no disruption to the subsequent scheduled appointment.

(g) Rescheduling and Changes: To reschedule or cancel your appointment with more than 24 hours notice, please contact our Sydney Flagship Boutique on (02) 8959 4900. We reserve the right to reschedule or cancel your appointment at any time and for any reason. If we cancel your appointment, we will return your deposit via your original payment method.

8 Returns

(a) In addition to your rights under the Australian Consumer Law, we may offer returns or refunds in certain circumstances. You can review our Returns and Exchanges policy here: https://bycharlotte.com.au/pages/returns-and-exchanges.

9 Warranty against defects

(a) In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(b) In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the product we supply to you will be free from defects for 6 months (Warranty).

(c) What is a defect? Our Warranty applies to any manufacturing fault, or error or defects in the materials (Defect).

(d) What do you need to do to claim the Warranty? Within 6 months after the delivery or collection of the products, you believe you have a product the subject of a Defect you must cease using the product and contact us in writing along with a photo and description of the Defect. If we ask you to, you must return to us the defective products, together with your proof of purchase to the contact details set out below.

(e) Where you return a product as part of Defect claim you will need to cover any associated costs of you returning the products to us and where we find the product is covered by our Defect we will refund the associated costs of you returning the product to us.

(f) When we receive the products you return, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty.

(g) What will we do if you make a successful claim under our Warranty? We will, at our own cost:

(1) repair or replace the product (the decision of whether to repair or replace is at our sole discretion); or

(2) if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.

(h) Damage Not covered by our Warranty The following damage is not covered by our Warranty: loss of the product, chain breakage, and general wear and tear. General wear and tear includes tarnishing and fading of plated jewellery.

10 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

(1) copy, in whole or in part, any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

11 Content you upload

(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

(b) If you make any User Content available on or through the Site, including on social media using a Tag, or otherwise tagging our Instagram account @bycharlotte, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

12 Australian Consumer Law

(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

13 Limitations

(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim;

(2) neither Party will be liable for any consequential loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; and

(3) we will not be liable to you for any loss or damage suffered by your use of the products contrary to our care instructions or other recommended directives relating to the use of the product, unless caused or contributed to by our negligent acts or omissions.

(c) Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic (Force Majeure Event), provided the other Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

14 General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(f) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

For any questions and notices, please contact us at:

By Charlotte Pty Ltd (ABN: 88 605 001 278)

Phone Number: (02) 8030 7095

Email: customercare@bycharlotte.com.au

Last update: 29 May 2024

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