Terms of service

1. Your acceptance

1.1 By Chelia Pty Ltd (referred to as By Chelia, we, our or us) permits users (referred to as you or your) to:

(a)  access and use the By Chelia website (www.bychelia.com.au) (Website);

(b)  place an order for products, services or both (including orders for clothing, shoes, accessories, jewellery, and all other products and services offered for sale through the Website) through our online store (E-Boutique).

(c)  view and interact with any content, information, communications, advice, text or other material provided by By Chelia (Content); and

(d)  otherwise communicate with By Chelia,

subject to the following terms and conditions (Terms).

1.2 We may from time to time review and update these Terms including to take account of new laws, regulations, practices, products or technology. By using the Website, you are agreeing to all of these Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. Where you have placed an online order on the Website, the Terms that apply to your online order are the Terms that were published on the Website at the time you placed your online order. You should also check this page regularly and take notice of any changes made.

2.           Orders for products, services or both 

2.1 By placing an Order via the E-Boutique you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by By Chelia in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, By Chelia may in its discretion permit an Order to be cancelled. The Order cannot be cancelled by you once you accept delivery of the products.

2.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the By Chelia contact us tab, to check the status of your Order.

2.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you and your Order is cancelled by us.

2.4 By Chelia does not accept Orders via the E-Boutique or phone with a delivery address outside Australia.

2.5 By Chelia products may not be purchased for re-sale.

3. Changes to products, services and pricing

3.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).

3.2 All updates and modifications to the Website including any changes to the Content, E-Boutique, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the E-Boutique.

4.           Payments

4.1 Payment for an Order is made online through the E-Boutique (Online Payment)

4.2 All prices are displayed in Australian Dollars.  

4.3 Your Order will be delivered to you via one of our third party couriers.

4.4 By Chelia uses Shopify Payments to provide the payment services for Online Payment.  For more information on Shopify Payment's security processes, please visit their website at https://www.shopify.com/legal/privacy.

4.5 We accept Online Payment via Shopify Payments using VISA, MasterCard, AMEX,  Paypal, Afterpay We may add additional methods of accepting Online Payments from time to time which will be made clear at the E-Boutique checkout.

4.6 The credit card holder must be either the billing or shipping recipient.

4.7 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.

4.8 If we are unable to successfully process your credit card for your Order, then we may cancel your Order.

4.9 Purchases made with Afterpay are subject to the Afterpay Terms and Conditions  as displayed on their website and updated from time to time. We may display information about Afterpay on the Website. This information is provided as a guide only and, where there is any inconsistency between the Website and Afterpay’s Terms and Conditions, the latter shall prevail.

4.10 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

4.11 We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.

4.12 All payments via credit card are subject to a security and verification process by an external, fraud prevention provider. We may require additional information from you in order to verify your identity and/or payment method before shipping your Order or emailing your e-gift card. Where we cannot verify your payment method, your Order will be cancelled.

4.13 The specific terms and conditions of supply for any products or services purchased via the E-Boutique will be notified to you before you finalise your Order.  Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order. 

          6. Customer Account

6.1 When you create a By Chelia customer account, you will be asked to provide your name, email address and password. Additional personal information, including your birthday and address, may also be added to your account at your discretion. This personal information will be managed by us in accordance with our Privacy Policy.

6.2 To be eligible for a customer account you must be:

• Resident in Australia; and
• Aged 16 years or over; or
• Aged between 13 – 15, with consent to create an account, plus to these Terms & Conditions and our Privacy Policy provided by your parent or guardian.

6.3 By creating a customer account you agree to be responsible for:

• Maintaining the confidentiality of your login details and all activity under your account
• Restricting third party access to your account via your devices.
• Ensuring the details in your account are accurate and up-to-date, either by updating them within your account or informing us so that we may update them on your behalf.
• Use of your account remaining at all times in accordance with these Terms & Conditions.

6.4 Should you wish to opt out of communications associated with your account, please inform us by emailing us at hello@bychelia.com.au

6.5 Should you wish to terminate your account, please inform By Chelia of your desire to terminate by emailing us hello@bychelia.com.au Upon your request, By Chelia will terminate the account on your behalf.

6.6 We cannot attribute a transaction to your account retroactively if the transaction was not made under your account, nor if a transaction is not made via the website.

6.7 We reserve the right to terminate your access to your account at any time without prior notice for any reason.

          7. Risk and title

7.1 In respect of Orders delivered to you using one of our third party couriers, then:

(a)  title to the products in your Order passes to you upon delivery; and

(b)  all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.

            8. Returns Policy

8.1 Online and Phone Order Returns & Exchanges 

If you would like to return your online order, you can choose to do so via the E-Boutique.

(a)  Returns to the E-Boutique

By Chelia will gladly offer a refund, exchange or gift card for items you wish to return via the E-Boutique on the following conditions:

(i)  the item is returned within 21 days of receipt of purchase;

(ii)  the item has not been worn or damaged;

(iii)  the original tags and packaging (where applicable) are attached;

(iv)  the item is not a Final Sale item, or discounted by more than 20%;

 unless otherwise entitled to a return under the Australian Consumer Law as detailed in clause 9.5; and

(vi)  you present proof of purchase; and

(vii)  you have contacted the By Chelia to authorise your return.

If you wish to return a sale item discounted by more than 20% but less than 70% to the E-Boutique, we will gladly offer an exchange or gift card. We do not accept returns or exchanges for change of mind on Final Sale items. Items discounted by 70% or more are considered Final Sale Items.

Refunds will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a gift card or exchange.

To arrange a return to our E-Boutique, please visit https://www.bychelia.com.au/pages/returns. Any items received by the E-Boutique that do not comply with the above conditions will be returned to sender.

9.0 Faulty or damaged items

In accordance with your rights under the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL):

(a)  if an item has a major or serious problem, you are entitled to choose an exchange, repair, refund, or a gift card, provided you present proof of purchase.

(b)  if an item has a minor problem, please contact the By Chelia so we can assist to repair the item within a reasonable time. If the item is not able to be repaired in a reasonable time, you can choose an exchange, gift card or refund.

Refunds for faulty or damaged items will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a gift card, exchange, or refund via alternative method (where possible).

9.1 Returning items

(a) To arrange a return to our E-Boutique, please visit https://www.bychelia.com.au/pages/returns. A return label will be generated for the item(s) being sent back for a refund at a flat rate of $8. This amount will be deducted from the total refund amount when the return is processed. Return labels generated for exchanges are complimentary.

(b) If you wish to return your items via via a carrier of your choice, please select ‘your own courier'. We recommend sending your return via trackable post as the goods are your responsibility until they reach E-boutique. By Chelia will not be responsible for lost parcels. You will need to pay for any postage fees involved in posting the items you wish to return where you've changed your mind.

(d)  By Chelia will refund the postage costs for any item deemed faulty in accordance with clause 9.5, provided you authorise your return with the By Chelia team.

       10. Fair Use of Returns Policy

10.1 By Chelia monitors the volume and frequency of returns and customer claims relating to non-receipt, missing or damaged products for the purposes of fraud prevention, protecting against abuse, and safeguarding our operations. Subject to your rights under clause 9.5, where By Chelia determines that there is an elevated or excessive pattern of returns or customer claims, we reserve the right to withhold return processing, impose return frequency limits on your account, and/or restrict or deactivate your account (including associated accounts), where fraudulent, unusual, excessive or suspicious activity is suspected.

10.2 Without limitation, the following may constitute fraudulent, unusual, excessive or suspicious activity for the purposes of clause 10.1:
(a) frequent or substantial volumes of return activity, unusual or irregular patterns of returns, repeated claims that orders have not been received, or repeated claims regarding missing products;
(b) repeated non-compliance with By Chelia Returns Policy; or
(c) an account previously refused returns due to suspected fraudulent activity.

10.3 If your account has been restricted or deactivated and you believe you have a valid return, please refer to any correspondence sent by By Chelia regarding your account status or contact By Chelia Customer Service via the contact details on our Website.

10.4 If you believe your account has been restricted or deactivated in error, please contact By Chelia Customer Service via the contact details provided on our Website.

10.5 Nothing in this clause 10 is intended to limit or exclude your rights under clause 9.5 of these Terms, nor your statutory rights as a consumer under the Australian Consumer Law.

      11. Privacy

11.1 Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 13.2) to By Chelia will be used for the purposes contemplated by these Terms and in accordance with our Privacy Policy, including but not limited to:

(a)  processing your payments for purchasing any products;

(b)  providing you with goods and services you have purchased; and

(c)  providing direct marketing communications to you when you sign up to receive email updates from By Chelia.

11.2 If you are submitting the personal information of any other person on the Website, including in the course of making any Order, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms and our Privacy Policy.

11.3 You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and Privacy Policy and consent to these requirements.

         12. Disclaimer regarding Content

12.1 We have used our best endeavours to ensure all Content appearing on the Website is correct and up-to-date at the time of publication. By Chelia does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed may not constitute an accurate depiction of the true colour of the item.

12.2 Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on By Chelia that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which By Chelia is able to do so, our liability will be limited to the resupply of the Content.

      13. Warranties, consumer guarantees and limitation of liability

13.1 Subject to clause 9, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

13.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

13.3 To the fullest extent permitted by law, the liability of By Chelia for a breach of a non-excludable guarantee referred to in clause 13.2 is limited, at By Chelia option, to:

(a)  in the case of goods supplied or offered by us, any one or more of the following:

(i)  the replacement of the goods or the supply of equivalent goods;

(ii)  the repair of the goods;

(iii)  the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)  the payment of the cost of having the goods repaired; or

(b)  in the case of services supplied or offered by us:

(i)           the supplying of the services again; or

(ii)          the payment of the cost of having the services supplied again.

13.4 By Chelia, its directors, employees, agents, contractors and related entities will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.

    14. Third party sites

The Website may contain hyperlinks to sites operated by third parties, such as Facebook, Substack, Klaviyo, Tiktok, Instagram and YouTube. These linked sites are not controlled by By Chelia, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and By Chelia decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk. By Chelia is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe or provide, or in respect of any incorrect link to an external website.

       15. Intellectual Property

15.1 General

The Website is owned and operated by or on behalf of By Chelia. The Content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.

15.2 Copyright

All Content contained on the Website is protected by Australian and international copyright laws, unless indicated otherwise.

You may view the Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site or application for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by By Chelia and then only according the conditions as stipulated by By Chelia; and (b) include the copyright notice "© By Chelia 2020" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on the Website, except as allowed by this site or as agreed by KOOKAÏ in writing.

15.3 Trademark Notice

The Website contains registered trademarks that are, unless shown otherwise, either owned or licensed by By Chelia and are protected under the laws of Australia and other countries. You must not use By Chelia trademarks, except: (a) by saving or printing out a copy of the Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to By Chelia or a By Chelia product or (c) with By Chelia prior written consent.

The use of any trademarks on the Website that are not owned or licensed by By Chelia is not intended to indicate any association with, or endorsement by, the owner of that trademark.

15.4 Intellectual Property in Designs

The Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. By Chelia takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.

Making copies of products displayed on the Website whether electronic or otherwise, with the intent of reproducing them in whole or in part is strictly prohibited.

15.5 User Generated Content

By including #ByChelia in images and content you post on social media or other online platforms, you consent to us reposting and sharing your content via our social channels including, but not limited to, Instagram, Tiktok, Facebook, Twitter, Snapchat and Pinterest.

       16. Prohibited uses

You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

(a)  download (other than page caching) or modify the Website, or any portion of the Website;

(b)  impersonate or falsely claim to represent a person or organisation;

(c)  are commercial, including selling, marketing, advertising or promoting goods or services;

(d)  frame the Website without By Chelia express written permission;

(e)  post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(f)  post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

     17. Indemnity

You will fully indemnify By Chelia in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with breaching any of these Terms.

       18. Termination of your access to the Website

By Chelia may at any time immediately terminate your access (including restricting access) to the Website, any feature of the Website, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

       19. Applicable law and international use

By accessing the Website, you accept that any disputes about the Website, or the Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.

As the Website can be accessed throughout Australia and overseas, By Chelia does not represent that the Content complies with the laws of any country outside Australia or that any competition, offering or Content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.

You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.

      22. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

      23. Contacting us

If you have questions about the Website, or these Terms, please contact us by clicking on the "Contact Us" button at the top of any page on the Website, and following the instructions from there.