Terms of service
Overview
This website is operated by NorthByOne. Throughout the site, the terms "we", "us" and "our" refer to NorthByOne. By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service, including any additional terms and policies referenced herein.
These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content. Please read them carefully, if you don't agree, please don't use the site.
Our store is hosted on Shopify Inc., who provide the e-commerce platform that allows us to sell our products and services to you.
1. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer rights under the Australian Consumer Law (ACL). If you are a consumer under the ACL, you are entitled to guarantees that cannot be excluded, including that goods will be of acceptable quality, fit for purpose and match their description. Our Returns & Refunds Policy operates in addition to, and not in limitation of, these statutory rights.
2. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including copyright laws). A breach of any of these Terms will result in immediate termination of your access to our Services.
3. Products & Pricing
All prices displayed on the Website are in Australian Dollars (AUD) and include GST where applicable. We reserve the right to modify or discontinue products at any time without notice. We've made every effort to display product colours and images as accurately as possible, but we can't guarantee your device's display will be perfectly accurate.
4. Promotional Codes & Discounts
Promotional codes and discount offers are subject to the terms specified at the time of issue. Unless otherwise stated, promotional codes are single use, non-transferable, and cannot be combined with other offers or applied to sale or clearance items. NorthByOne reserves the right to withdraw or modify any promotional offer at any time without notice. Misuse or unauthorised distribution of promotional codes may result in cancellation of the associated order.
5. Gift Cards
NorthByOne gift cards are valid for a minimum of three years from the date of purchase, in accordance with Australian Consumer Law. Gift cards are non-refundable and cannot be redeemed for cash. NorthByOne is not responsible for lost, stolen or unauthorised use of gift cards. Where a gift card balance does not cover the full order value, the remaining amount must be paid using an available payment method at checkout.
6. Buy Now Pay Later Services
Afterpay and Zip are third-party buy now pay later services available at checkout. By selecting either service, you agree to be bound by their respective terms and conditions. NorthByOne is not responsible for the decisions, fees, charges or processes of Afterpay or Zip, any disputes relating to those services should be directed to the relevant provider.
7. Stock Availability
All orders are subject to stock availability at the time of purchase. If an item becomes unavailable after an order has been placed, we'll notify you as soon as possible and provide a full refund for the unavailable item. Where NorthByOne introduces pre-order items, specific terms including estimated dispatch timeframes will be communicated at the point of purchase. In the event of a significant delay, you have the right to cancel your pre-order and receive a full refund.
8. Orders, Cancellations & Payment
Payment for online orders must be made in full at the time of purchase using the payment methods available on the Website. Ownership of goods does not pass to the customer until payment has been received in full.
We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies in product or pricing information, or suspected fraudulent activity. If we cancel your order, you'll be notified and a full refund will be issued promptly.
If you need to cancel or amend an order, please contact us at hello@northbyone.com.au as soon as possible. We'll always do our best to help, but we cannot guarantee changes can be made once an order has been dispatched.
9. Shipping & Delivery
Orders placed before 9am on a business day will be dispatched same day. Orders placed after 9am will be dispatched the next business day. Orders placed over the weekend or on a Public Holiday will be dispatched the following business day. During busy sale periods, please allow an extra 1–2 business days for dispatch.
Most orders arrive within 3–5 business days from dispatch. Delivery timeframes are estimates only and may vary due to factors outside our control. Free shipping is available on all orders over $100. A $9.95 shipping fee applies to orders under $100.
Ensure your delivery address is correct before placing your order, NorthByOne cannot be held responsible for parcels lost due to an incorrect address provided at checkout, and any redelivery costs may be passed on to you.
If your parcel hasn't arrived by Day 6 from dispatch, please contact us at hello@northbyone.com.au and we'll look into it. If your parcel arrives damaged, please contact us immediately and we'll arrange a replacement. Risk of loss or damage to goods passes to you upon delivery.
10. Returns & Refunds
Returns and refunds are governed by our Returns & Refunds Policy, available on our website. This policy outlines eligibility, timeframes, and return conditions, and should be read in conjunction with these Terms.
11. Clearance & Final Sale Items
Items purchased from the NorthByOne Clearance range are final sale and are not eligible for return or exchange, unless the item arrives faulty, damaged or not as described. This is in addition to, and not in limitation of, your rights under the Australian Consumer Law. Clearance item status will be clearly identified at the point of purchase.
12. Prohibited Uses
You are prohibited from using this site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any applicable laws or regulations; to infringe upon the intellectual property rights of others; to harass, abuse, defame or discriminate against any person; to submit false or misleading information; to upload viruses or malicious code; to collect the personal information of others without consent; to spam, phish or scrape; or to interfere with the security of the Website. We reserve the right to terminate access for any breach of these Terms.
13. Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers or availability. We reserve the right to correct any errors and to cancel orders if any information is inaccurate at any time without prior notice.
14. Intellectual Property
All content on this Website, including text, graphics, logos, images, product designs and trademarks, is owned by or licensed to NorthByOne. You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or its content without our express written permission.
15. User Generated Content
By submitting content to NorthByOne, including product reviews, photographs, social media tags and comments, you grant NorthByOne a non-exclusive, royalty-free, perpetual licence to use, reproduce, publish and share that content across our website, social media channels and marketing materials. You confirm that any content submitted is your own original work and does not infringe the rights of any third party. NorthByOne reserves the right to remove any submitted content at any time without notice.
16. Third-Party Links & Services
Certain content, products and services available via our Service may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials and do not warrant and will not have any liability for any third-party materials, websites or services. Any use of optional third-party tools is entirely at your own risk.
17. Force Majeure
NorthByOne will not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond our reasonable control, including natural disasters, supply chain disruptions, third-party carrier delays, government restrictions, or other events outside our control. Where a delay is likely to be significant, we will notify you as soon as reasonably practicable and work to resolve the situation.
18. Limitation of Liability
To the maximum extent permitted by law, NorthByOne is not liable for any indirect, incidental, special or consequential loss arising from your use of the Website or purchase of goods, including lost profits, lost revenue, loss of data, or replacement costs. Where liability cannot be excluded under the ACL, our liability is limited to the remedies available under the ACL.
19. Indemnification
You agree to indemnify, defend and hold harmless NorthByOne and its directors, officers, employees, affiliates, agents, contractors, suppliers and service providers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
20. Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the site.
If in our sole judgment you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive termination.
21. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
22. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23. Wholesale
Wholesale enquiries are welcome and can be directed to wholesale@northbyone.com.au. Any wholesale arrangement entered into with NorthByOne will be governed by a separate wholesale agreement, and these Terms of Service do not apply to wholesale transactions unless otherwise agreed in writing.
24. Privacy
Your submission of personal information through the store is governed by our Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy. Our Website also uses cookies and tracking technologies, please refer to our Privacy & Cookie Policy for full details.
25. Governing Law
These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.
26. Changes to Terms
We reserve the right to update or replace any part of these Terms at any time. Updated versions will be posted on this page with a revised date, and your continued use of the Website following any changes constitutes acceptance of those changes. We encourage you to review this page periodically.
Contact Us
Questions about these Terms of Service? We'd love to hear from you, reach out at hello@northbyone.com.au
For wholesale enquiries: wholesale@northbyone.com.au