The website https://www.by-wren.com and the associated applications (“Site") is owned and operated by BY WREN PTY LTD ACN 687 531 399 (t/as and referred as BY WREN, "we", "us").
Online Customer Registration
To use some of the services or features on this website, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please update your details immediately in 'My Account' on the website. You may also want to view our Privacy Policy. We may change registration requirements from time to time.
Eligibility To Purchase
In order to make a purchase through the website, you will be asked to register and provide your personal details. There is an option to order and purchase as a guest however we would prefer you to register, in order for your order history to be easily accessible to you at any time after purchase for tracking of orders.
Customers must provide their real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid, and correct, and you confirm that you are the person referred to in the billing information provided. We reserve the right to request proof of ID, address, and banking details before processing your order.
Orders
All orders are subject to availability and acceptance.
It is the responsibility of the purchaser to ensure the goods can be signed for on delivery. We will not leave goods unattended. If you are not present to sign for the goods, an Australia Post card will be left in order for you to collect the goods from your local post office.
Due to international licensing agreements we are unable to provide items ordered where we believe that an order will result in the resale of these items. In this event, we have the right to cancel this order at our discretion and will refund the order in its entirety.
Pre-Release
Pre-release items are available exclusively online prior to in store release. All pre-release items will ship at time of purchase.
Pricing
Prices shown on the website are in AUD and are inclusive of GST at the applicable rate. The AUD price of a product displayed on the website at the time the order is accepted and will be honoured, except in cases of patent error.
Import Duty & Taxes
10% GST is included in the retail price shown.
Acceptance Of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Acceptance of your order and completion of the contract between you and BY WREN will be finalised when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.
We reserve the right not to accept your order if we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.
We may also refuse to process and therefore accept a transaction for any reason, or refuse service to anyone at any time at our discretion. We will not be liable to you, or any third party by reason of our withdrawing any merchandise from the website, removing or editing content on the website; refusing to process a transaction or suspending any transaction after processing has begun.
Payment
Payment can be made by Paypal, Visa, MasterCard, Afterpay or American Express. Payment will be debited and cleared from your account upon dispatch of your order by BY WREN. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to BY WREN, we will not be liable for any delay or non-delivery.
Afterpay purchases can only be returned or exchanged through our online returns store.
We take all reasonable care to make our website secure. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure BY WREN uses Secure Socket Layer (SSL) technology.
Our online ordering system is the industry standard for encryption technology – to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to ninewest.com.au. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
We will take all reasonable care to keep the details of your order and payment secure, but we cannot or will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing, or ordering from the website unless that access was made possible by our negligence.
Insurance & Delivery
BY WREN insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you, for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by BY WREN and transfer of responsibility in the same way.
Delivery During Sale Periods
Whilst we endeavour to fulfil all orders, please note some styles, sizes or colours may not be available at time of dispatch. Due to high demand, an exchange for the same style may not be available.
During sale you may experience a delay in receiving your order, we apologise for any inconvenience. For any other information regarding our returns policy, go to Returns on the website.
International Orders
BY WREN currently ships to the following international locations:
- Canada
- Hong Kong
- Ireland
- Japan
- New Zealand
- Singapore
- South Korea
- Taiwan
- United Kingdom
- United States
Depending on your country of delivery and the value of your order, in addition to your delivery fee, you may be required to pay customs duties, import taxes, or other fees. These charges are determined by your local customs authority and are the responsibility of the customer.
As customs regulations and import thresholds vary by country and may change over time, we recommend checking your country's customs or border authority website, or using a customs duty estimator, before placing your order to help avoid unexpected charges.
If you're unsure whether duties or taxes may apply, please contact your local customs office for the most up-to-date information.
For more information please visit our Shipping & Returns page here.
Mail Order Terms & Conditions
Mail Order Terms & Conditions operate according to the BY WREN "Conditions of Purchase" with the following exceptions:
- BY WREN Mail Order only accepts credit card transactions.
— Customers must pay for postage to send item/s back to mail order centre on "change of mind" purchases.
— The customer must call the Mail Order centre to advise of a return, if the shoes are unworn and returned within 14 days of the call - the customer will be able to return the goods.
— Mail Order does not accept pre-orders prior to styles being released.
- All Mail Orders will be delivered to customers within 5-10 days of the customer placing the order. Mail Order cannot guarantee delivery timeframes to customers.
— Free shipping Australia wide is available on all orders over $149. A flat rate of $10 postage and handling will be charged for any order less than $149. Postage to New Zealand is $15 per order.
— BY WREN does not accept any responsibility for duty taxes which may be incurred for mail order deliveries to New Zealand.
Intellectual Property Rights
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including BY WREN Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by BY WREN and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual property rights above, "Content" is defined as any graphics, photographs, music, video, or text on this website. BY WREN Content or the server that makes it available is free of viruses. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Copyright & No Commercial Use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this website. You may not use this website for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
Unless otherwise indicated, copyright in the information on this website is owned by BY WREN.
All rights reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Commonwealth. Copyright Act 1968 (Cth), this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by BY WREN.
Your Use Of Website
You agree that you will be personally responsible for your use of this website and for all of your communication and activity on, and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this website on a temporary or permanent basis.
Third Party Websites
We may include links on this website to other websites, or resources operated by parties other than BY WREN. BY WREN has not reviewed all of the websites linked to its website and is not responsible for the content or accuracy of any of these website pages. We are not responsible for the availability of such external websites, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources. Nor are we liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of, or reliance on any such content, goods or services available on such external websites or resources.
Your Rights
You have certain rights under the law. These include, in Australia:
— That any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this website; and
— Certain remedies if a product is defective.
In addition to your legal rights, BY WREN offers you the right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective, and other return options as set above.
Compensation & Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this website using your Internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the website (or any Content) or from your decision to purchase item(s) from BY WREN, except to the extent of our negligence or breach of the these T&C's.
No Waiver
You acknowledge that if you breach the T&C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C’s in any way.
Governing Law
You acknowledge and agree that the T&C’s together with all our policies and procedures will be governed by and construed in accordance the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.
Reading Down & Severity
If any portion of these T&C's is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance.