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Terms and Conditions

BY LAND & SEA TERMS AND CONDITIONS

The following terms and conditions (Terms) govern your use of the website located at www.bylandandsea (Website) and form a binding contractual agreement between you, the user of the Website and/or customer of By Land & Sea (you, your) and By Land & Sea (we, us, our, By Land & Sea). By visiting the Website and/or purchasing goods or services from By Land & Sea, you agree to be legally bound by these Terms, as amended from time to time as amended from time to time. We reserve the right to modify any part of these Terms at any time and it is your responsibility to check this page periodically for changes.

Prices

All transactions are processed in Australian Dollars (AUD) and includes a Goods and Services Tax (GST) of 10% unless otherwise specified, tax information is displayed in the checkout summaries. All prices displayed on the Website are subject to change without notice, including offering promotional, discount or higher prices. The valid price at any time is that which is published on the Website at the time of purchase. Prices on the Website may differ from those published elsewhere and by third parties.

We reserve the right to make adjustments to prices, without prior notice to you.

In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we may refuse or cancel any orders placed for such products listed at the incorrect price, whether or not the order has been confirmed or you have been charged in part or full for the order.

Orders

Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not you have been charged for the order. If we decline or limit your order, we will refund your order to the extent that we have declined or limited your order.

Once your order has been submitted to By Land & Sea, any request for subsequent changes must be sent in writing to PO Box 1690, Bairnsdale, Victoria 3875 Australia. Variations cannot be guaranteed and shall be at our sole discretion. Any variation or cancellation agreed to by us may incur additional costs, which shall be notified to you.

Payment

Payment must be made in full at time of online order. Credit card payments can be made using Visa, MasterCard or PayPal. By Land & Sea utilises the services of third parties to process payments on the Website. You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity. In no event shall By Land & Sea be responsible or liable for any payment processing issue or error. By Land & Sea will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

You acknowledge that:

  1. you are over 18 years of age;
  2. all details you provide to By Land & Sea are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods; and
  3. foreign exchange rates may fluctuate and that all charges are subject to such changes.

Order processing

A confirmation email will be sent to you in acknowledgement of receipt of your order. This document supersedes all prior correspondence in relation to your order (verbal, written, graphic or otherwise). Once your order has been fulfilled, you will receive a second email confirming it has been dispatched.

Delivery

Sustainability is important to us; To ensure minimal wastage of leather some bags will only be cut and made upon order and will be marked on the Website as having an 4 to 6-week dispatch time frame. We will use best endeavours to keep you informed on the production progress and will ship to you as soon as practicable thereafter.

Shipping is currently calculated within Australia region only. For international orders, please contact admin@bylandandsea

Delivery where possible and reasonable will be made through Australia Post, using the option and cost detailed in your order. For international orders you are responsible for any customs requirements or import costs that may be applicable for your area. Please select your product carefully to comply with what is permitted to be imported into your region.

If access will be difficult for the person delivering, please provide us with written details when placing your order. Please note, we cannot guarantee delivery times. If your order does not arrive within a reasonable time please contact us.

Refunds and exchanges

In the unlikely event that you receive a product that you consider to be faulty or damaged you must notify us in writing within twenty-four hours of receipt and must be returned and received by us within 7 days of such notice. Any failure to notify By Land & Sea within the timeframe specified shall be deemed acceptance by you that the product is free from any damage whatsoever. Returned products shall be subject to inspection by By Land & Sea prior to any exchanges, repairs or credits being granted. To the extent allowed under law, no refunds will be provided for any defects that can be reasonably rectified.

Please choose carefully before placing an order. We cannot offer refunds for change of mind or wrong selection. We may allow exchanges at our absolute discretion, subject to product availability, and at our reasonable discretion. Should the exchange product not be available at the time of exchange, a credit note will be issued.

In order to be fully eligible for an exchange or return, you must:

  • Contact us with the request and reason for the return via email to admin@bylandandsea within 24 hours of delivery.
  • Return the product as new, unworn and unwashed, properly protected, with its original packaging, in the condition delivered (no additional damage) together with any accessories, tags, instructions and documentation, within 7 days for Australian customers and 14 days for international customers, of notice to us;
  • Return the product with original invoice received identifying the order.

If any legislation operates to prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations, then to the full extent permitted by law, By Land & Sea limits its liability in respect of any such claim to, at its option:

  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the cost of repairing the goods, or replacing the goods or of acquiring equivalent goods.

Product appearance

By Land & Sea make every effort to ensure its products are displayed as accurately as possible on the Website, however, we do not warrant that the product descriptions, images or prices are accurate. The actual colour of products may be different to how they appear on your screen, as monitor colour varies considerably. In addition our leathers may vary from product to product and may contain imperfections. We believe that such imperfections add to the character of our product. This means, no two products will be 100% identical.

Proper use

By Land & Sea cannot offer refunds, replacement or free repair for goods that are damaged through misuse, including by failure to exercise reasonable care.

Liability

To the maximum extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses whatsoever relating to or connected with your use of the Website or purchase of any of our products.
Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.

Intellectual Property

The intellectual property rights in all content made available to you on or through the Website remain the property of By Land & Sea (and/or its licensors). You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content which appears on the Website. You further acknowledge that all intellectual property (whether registered or unregistered) including copyright, designs, techniques, methods of manufacture, photographs, trade marks, registered designs, specifications and/or other information relating to By Land & Sea products shall vest at all times with By Land & Sea (and/or its licensors).

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage By Land & Sea’ reputation or takes advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

Indemnity

You hereby agree to indemnify and hold By Land & Sea, its officers, employees, contractors, agents, affiliates, successors, assigns, suppliers and licensors harmless against any claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) arising out of:

  1. Your misuse of any By Land & Sea products;
  2. Your breach or alleged breach of these Terms;
  3. Your infringement of any law, rule, regulation or rights of others in connection with your use of By Land & Sea products; or
  4. Your use or disclosure of another person’s personal information including any financial or billing information which you are not authorised to use or disclose.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of such State in resolving any disputes.

Entire Agreement

These Terms constitute the entire agreement between the parties and shall supersede any and all preceding and contemporaneous agreements between you and By Land & Sea.

For any additional questions, please call By Land & Sea on 0424 425 259 or email on admin@bylandandsea