Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to BY CYRA. The terms “we”, “us” and “our” refer to BY CYRA.

BY CYRA operates this website and online store, including all related information, content, features, products and services offered to you. Our store is powered by Shopify, which enables us to provide our online shopping services.

These Terms of Service, together with our Privacy Policy, Shipping Policy and Returns & Exchanges Policy, explain your rights and responsibilities when you access our website or purchase from us.

By visiting, using or purchasing through our website, you agree to these Terms of Service. If you do not agree with these Terms, you should not use our website or services.

SECTION 1 – ONLINE STORE USE

By using our website, you confirm that you are legally able to enter into an agreement in your country or region, or that you have permission from a parent or legal guardian.

You agree to provide accurate, complete and current information when placing an order or creating an account.

You are responsible for maintaining the confidentiality of your account information and for any activity carried out through your account.

You must not use our website or products for any unlawful or unauthorised purpose.

SECTION 2 – PRODUCTS

We make every reasonable effort to display our jewellery, product colours, measurements, materials and finishes accurately.

However, colours and appearance may vary slightly depending on lighting, photography, screen settings and the device used to view our website.

Product descriptions, prices and availability may be updated at any time without notice. We reserve the right to discontinue a product or limit the quantity available for purchase.

Individual product materials, measurements and care information are provided on the relevant product page.

SECTION 3 – ORDERS

Submitting an order is an offer to purchase products from BY CYRA.

An order is accepted once payment has been successfully processed and we send an order confirmation. We reserve the right to decline or cancel an order where reasonably necessary, including because of:

  • Product availability

  • Incorrect product or pricing information

  • Suspected fraud or unauthorised payment

  • Delivery restrictions

  • Unusually large or commercial quantities

If we cancel an order after payment has been processed, we will refund the relevant amount using the original payment method.

Please review your order and delivery details carefully before completing checkout. Contact us as soon as possible if you need to request a change or cancellation. Changes cannot be guaranteed once an order has been processed or dispatched.

Products purchased from BY CYRA are intended for personal use and not for unauthorised commercial resale.

SECTION 4 – PRICES AND PAYMENT

Unless otherwise stated, prices displayed on our website are in New Zealand dollars.

Prices, promotions and discounts may change without notice. The price charged will be the price displayed at checkout when the order is placed.

Shipping charges will be displayed during checkout before payment is completed.

Customers outside New Zealand are responsible for any customs duties, taxes, import charges or border fees that may apply in their destination country, unless otherwise stated.

You agree to provide accurate and authorised payment information. Orders will not be processed until payment has been successfully received.

SECTION 5 – SHIPPING AND DELIVERY

Orders are processed and dispatched according to the timeframes stated in our Shipping Policy.

Estimated delivery timeframes are provided as a guide and are not guaranteed. Delivery may be affected by courier delays, weather, public holidays, customs processing or other circumstances outside our reasonable control.

Please ensure that your delivery address is complete and correct before placing your order. Additional shipping costs caused by an incorrect or incomplete address may be charged to the customer where permitted by law.

When BY CYRA arranges delivery, we will take reasonable steps to ensure the order is delivered within the stated or otherwise reasonable timeframe and arrives in acceptable condition.

Please contact us if an order is delayed, lost or arrives damaged so that we can investigate with the delivery provider and provide an appropriate solution.

Nothing in this section limits your rights under applicable New Zealand consumer law.

SECTION 6 – RETURNS, EXCHANGES AND FAULTY ITEMS

Returns and exchanges are handled according to our Returns & Exchanges Policy.

Change-of-mind returns are only accepted where they meet the eligibility requirements and timeframes stated in that policy.

If an item arrives faulty, damaged, materially different from its description or incorrect, please contact us as soon as possible with your order number and clear photographs.

We will assess the issue and provide an appropriate remedy in accordance with the New Zealand Consumer Guarantees Act 1993 and other applicable law.

Nothing in our Returns & Exchanges Policy limits any remedy or right that cannot legally be excluded.

SECTION 7 – INTELLECTUAL PROPERTY

All content on this website, including our brand name, logo, product photographs, graphics, text, designs, videos and website layout, is owned by or licensed to BY CYRA and is protected by applicable intellectual property laws.

Our content is provided for personal and non-commercial use only.

You must not reproduce, copy, modify, publish, distribute, sell or commercially use our content without prior written permission from BY CYRA.

Shopify’s names, logos, products and services remain the property of Shopify and its licensors.

SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY LINKS

Our website may provide access to tools, payment services, applications or content operated by third parties.

These third-party services may have their own terms and privacy policies. BY CYRA does not control these services and is not responsible for their content, availability or practices.

You should review the relevant third-party terms before using those services.

Links to third-party websites are provided for convenience and do not necessarily mean that BY CYRA endorses or accepts responsibility for those websites.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

BY CYRA is powered by Shopify, which provides the ecommerce platform that enables us to operate our online store.

However, purchases made through our store are transactions directly between the customer and BY CYRA.

Shopify is not the seller of our products and is not responsible for our products, fulfilment, customer service or transactions with customers.

SECTION 10 – PRIVACY

Personal information collected through our website is handled according to our Privacy Policy and applicable privacy law.

Because our store is hosted by Shopify, certain information may be collected, processed and stored by Shopify and other service providers that help us operate our business.

Please review our Privacy Policy for information about what personal information we collect, how it is used and how you can contact us about your information.

SECTION 11 – REVIEWS AND FEEDBACK

When you submit a review, photograph, comment, suggestion or other feedback to BY CYRA, you confirm that:

  • The content is accurate and based on your genuine experience

  • You own the content or have permission to submit it

  • It does not infringe another person’s rights

  • It is not unlawful, abusive, misleading or harmful

You grant BY CYRA permission to use, reproduce and display submitted feedback for operating and promoting our business, including on our website, emails and social media.

We may remove feedback that is unlawful, misleading, offensive, unrelated or otherwise inappropriate.

SECTION 12 – ERRORS AND INACCURACIES

Occasionally, information on our website may contain typographical errors, incorrect pricing, inaccurate product details or omissions relating to availability, shipping or promotions.

We reserve the right to correct inaccurate information and update or cancel affected orders where reasonably necessary.

If an order is cancelled because of an error, any payment already received for the affected item will be refunded.

SECTION 13 – PROHIBITED USES

You must not use our website:

  • For any unlawful or fraudulent purpose

  • To infringe intellectual property, privacy or other legal rights

  • To transmit harmful code, viruses or malicious software

  • To collect another person’s personal information without permission

  • To send spam or misleading communications

  • To interfere with the website’s operation or security

  • To impersonate another person or provide false information

  • To copy, scrape or commercially exploit website content without permission

We may restrict or terminate access where we reasonably believe these Terms have been breached.

SECTION 14 – TERMINATION

You may stop using our website at any time.

We may suspend or terminate access to our website where reasonably necessary, including if a user breaches these Terms, acts unlawfully or threatens the security or operation of the website.

Termination does not affect any rights, payments or obligations that arose before termination.

SECTION 15 – DISCLAIMER

We aim to keep our website accurate, secure and available. However, we cannot guarantee that access will always be uninterrupted or completely free from technical errors.

To the fullest extent permitted by law, the website and its general informational content are provided on an “as available” basis.

Nothing in these Terms excludes or limits any warranty, guarantee, remedy or right that cannot legally be excluded, including rights under the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, BY CYRA will not be liable for indirect or consequential losses arising solely from the use or inability to use our website.

This limitation does not apply to liability that cannot legally be excluded or limited.

Nothing in these Terms limits your right to an appropriate remedy where products fail to meet applicable consumer guarantees.

SECTION 17 – INDEMNITY

To the extent permitted by law, you agree to compensate BY CYRA for reasonable losses or costs directly caused by your unlawful use of our website, your infringement of another person’s rights or your material breach of these Terms.

This section does not apply where the loss was caused by BY CYRA or where applying it would be unlawful or unfair.

SECTION 18 – SEVERABILITY

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be removed or limited only to the extent necessary.

The remaining sections will continue to apply.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

If BY CYRA does not immediately enforce a right under these Terms, this does not mean that the right has been waived.

These Terms, together with the policies referred to in them, form the agreement between you and BY CYRA regarding your use of our website and purchases from our store.

SECTION 20 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written consent.

BY CYRA may transfer its rights and obligations as part of a genuine sale, restructuring or transfer of the business, subject to applicable law.

SECTION 21 – GOVERNING LAW

These Terms are governed by and interpreted according to the laws of New Zealand.

Any dispute will be handled by the appropriate courts, tribunals or dispute-resolution services in New Zealand, subject to any rights available to customers under applicable law.

SECTION 22 – NEW ZEALAND CONSUMER RIGHTS

Nothing in these Terms, our Returns & Exchanges Policy or any other store policy excludes, restricts or modifies your rights under the:

  • Consumer Guarantees Act 1993

  • Fair Trading Act 1986

  • Privacy Act 2020

  • Any other applicable New Zealand law

Where there is an inconsistency between these Terms and a mandatory legal right, the legal right will apply.

SECTION 23 – CHANGES TO THESE TERMS

We may update these Terms from time to time by publishing a revised version on our website.

Changes will apply from the date they are published unless otherwise stated. Any material changes will be communicated where required by law.

The latest version of these Terms will always be available on this page.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at bycyra.nz@gmail.com.
Our contact information is posted below:
By Cyra jewellery 
bycyra.nz@gmail.com