General Terms and Conditions of Sale – Ann and Tess Byron Bay

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

Consumer: An individual or business that acquires goods or services as a consumer under applicable Australian consumer law.

Day: Calendar day.

Durable Medium: A medium that allows information to be stored and accessed later in an unchanged form.

Professional: Ann and Tess Byron Bay, the business offering products and/or services to consumers.

Distance Contract: A contract concluded remotely through the website or other distance communication methods operated by Ann and Tess Byron Bay.

Terms and Conditions: These General Terms and Conditions of Sale of Ann and Tess Byron Bay.

Australian Consumer Law (ACL): The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Article 2 – Applicability

These Terms and Conditions apply to offers made by Ann and Tess Byron Bay and to purchases made through our online store.

Before completing a purchase, customers will have access to these Terms and Conditions.

Where additional terms apply to a particular product or service, those terms will be provided where relevant. If a provision conflicts with a customer's rights under applicable Australian law, the applicable law will prevail.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Article 3 – The Offer

Ann and Tess Byron Bay aims to ensure that all product descriptions, images and pricing information are accurate and up to date.

Product images are provided for illustrative purposes. Actual product colours and appearance may vary slightly due to screen settings, lighting or manufacturing differences.

Obvious errors or inaccuracies in an offer may be corrected, subject to applicable law and any rights the customer may have.

Product listings will provide relevant information about pricing, available payment methods, delivery arrangements and applicable terms before the customer completes a purchase.

Article 4 – Conclusion of the Contract

A contract is formed when the customer places an order and the order is accepted by Ann and Tess Byron Bay in accordance with the checkout process.

Where applicable, an order confirmation will be sent to the email address provided by the customer.

Ann and Tess Byron Bay takes reasonable steps to protect customer information and secure online transactions.

We reserve the right to decline or cancel an order where there are legitimate reasons, such as suspected fraud, pricing errors or product unavailability, subject to applicable law and the customer's legal rights.

If an order is cancelled after payment has been received, any amount required to be refunded will be returned in accordance with applicable law.

Article 5 – Returns and Change of Mind

Ann and Tess Byron Bay may offer a voluntary change-of-mind return policy where specified on the website or in the relevant product or returns information.

Unless a separate return policy expressly provides otherwise, customers should contact us before returning an item to confirm the applicable return procedure.

Australian law does not generally require retailers to accept returns simply because a customer changes their mind, chooses the wrong size or no longer wants the product.

However, this does not affect any rights the customer may have under the Australian Consumer Law if a product is faulty, unsafe, not as described or otherwise fails to meet a consumer guarantee.

Article 6 – Condition of Returned Products

Where a return is accepted under a voluntary change-of-mind policy, the product must meet the conditions specified in that policy.

Customers should take reasonable care of products and their packaging while determining whether the item is suitable.

Any applicable conditions relating to original packaging, tags, hygiene or product condition will be communicated as part of the relevant return policy.

These conditions do not limit a customer's rights under the Australian Consumer Law.

Article 7 – Return Procedure and Shipping Costs

Customers wishing to return a product should contact Ann and Tess Byron Bay at:

Support@annandtess-byronbay.com

Please include your order number and a description of the reason for the return.

For approved change-of-mind returns, return shipping costs may be the customer's responsibility where this has been clearly disclosed in the applicable return policy.

For products that fail to meet a consumer guarantee, Ann and Tess Byron Bay will provide the remedies required by the Australian Consumer Law, including any applicable arrangements for return shipping costs.

Customers should wait for return instructions before sending products back.

Article 8 – Refunds

Refunds for approved returns will be processed using the original payment method where reasonably possible, unless another method is agreed upon.

Processing times may vary depending on the payment provider or financial institution.

Where a refund or other remedy is required under the Australian Consumer Law, Ann and Tess Byron Bay will comply with the applicable legal requirements.

Any voluntary change-of-mind refund will be handled according to the return policy communicated to the customer at the time of purchase.

Article 9 – Products That May Be Excluded from Change-of-Mind Returns

Certain products may be excluded from a voluntary change-of-mind return policy where this is clearly disclosed and permitted by law. Examples may include:

• Custom-made or personalised products.

• Sealed products that cannot reasonably be returned for health or hygiene reasons after the seal has been broken.

• Perishable products.

• Digital content where applicable terms and legal requirements permit an exclusion.

These exclusions do not remove any rights or remedies available under the Australian Consumer Law.

Article 10 – Prices and Taxes

All prices will be displayed in the currency indicated at checkout.

Where applicable, prices will include Australian Goods and Services Tax (GST) and any other taxes required to be included under Australian law.

Any delivery charges or other additional costs payable by the customer will be disclosed before the order is completed.

Ann and Tess Byron Bay reserves the right to update prices, but any changes will not retrospectively alter an order that has already been accepted, except where permitted by law.

Article 11 – Consumer Guarantees and Warranties

Products sold by Ann and Tess Byron Bay are covered by applicable consumer guarantees under the Australian Consumer Law.

These guarantees may include rights relating to acceptable quality, fitness for a disclosed purpose, correspondence with descriptions and other statutory requirements.

If a product fails to meet an applicable consumer guarantee, customers may be entitled to a repair, replacement, refund or other remedy, depending on the circumstances and the requirements of Australian law.

Any manufacturer's warranty or additional voluntary warranty is separate from, and does not replace or limit, the customer's rights under the Australian Consumer Law.

Article 12 – Delivery and Risk

Products will be delivered to the address provided by the customer at checkout.

Ann and Tess Byron Bay will take reasonable care when processing and dispatching orders.

Estimated delivery timeframes are provided as a guide and may be affected by factors such as carrier delays, weather, public holidays and other circumstances beyond our reasonable control.

If a product is lost, damaged or delayed, customers should contact us at Support@annandtess-byronbay.com so that the matter can be investigated.

Nothing in this section limits any rights or remedies available to customers under applicable Australian law.

Article 13 – Ongoing Services and Subscriptions

Where Ann and Tess Byron Bay offers an ongoing service or subscription, the applicable price, billing frequency, renewal arrangements and cancellation procedure will be disclosed before the customer commits.

Customers may cancel subscriptions in accordance with the terms presented at the time of purchase and applicable law.

Any notice periods, renewal arrangements or cancellation restrictions will be applied only to the extent permitted by law.

Article 14 – Payment

Customers must pay the amount displayed at checkout using one of the payment methods offered by Ann and Tess Byron Bay.

Customers are responsible for providing accurate billing and contact information.

If a payment fails or an order requires verification, we may contact the customer to resolve the issue.

Any payment processing, refund or cancellation will be handled in accordance with the applicable payment terms and Australian law.

Article 15 – Complaints and Customer Support

Ann and Tess Byron Bay aims to handle customer enquiries and complaints fairly and promptly.

If you have a complaint about a product, delivery, payment or order, please contact us at:

Email: Support@annandtess-byronbay.com

Please include your order number, a description of the issue and any relevant supporting information.

We aim to acknowledge and respond to complaints within a reasonable timeframe. Where further investigation is required, we will keep the customer informed where reasonably practicable.

Customers retain any rights to seek assistance from the relevant Australian consumer protection authority or other appropriate dispute resolution body.

Article 16 – Governing Law and Disputes

These Terms and Conditions are intended to operate in accordance with the laws applicable in Australia, including the Australian Consumer Law.

Nothing in these Terms and Conditions limits any mandatory rights or remedies available to consumers under applicable Australian federal, state or territory law.

Where a dispute arises, the parties are encouraged to contact each other in good faith to seek a reasonable resolution.

Any applicable dispute will be dealt with by the appropriate courts or tribunals with jurisdiction under Australian law.

Article 17 – International Shipping, Import Duties and Customs

Some products sold by Ann and Tess Byron Bay may be dispatched by external suppliers or shipped from outside Australia.

Where products are imported into Australia, customs processing, import requirements, taxes, duties or other charges may apply depending on the shipment and applicable law.

Any additional charges payable by the customer will be disclosed before purchase where required by law. Customers will not be made responsible for charges that must legally be borne by the business.

Delivery timeframes may be affected by customs inspections, import procedures, carrier operations or other circumstances beyond our reasonable control.

Ann and Tess Byron Bay will take reasonable steps to communicate material delivery information and assist customers with enquiries relating to their orders.

Nothing in this section excludes any rights or remedies available under the Australian Consumer Law.

Article 18 – Amendments and Additional Terms

Any additional or different terms will be communicated clearly to customers before they agree to them.

Changes to these Terms and Conditions may be published on our website. Updated terms will apply to future purchases from the date they become effective, subject to applicable law.

No additional term will exclude, restrict or modify a consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Business: Ann and Tess Byron Bay

Website: www.annandtess-byronbay.com

Customer Support: Support@annandtess-byronbay.com