Terms of service
Last Updated: 1 March 2025
1. INTRODUCTION
Welcome to ByStorm Beauty ("ByStorm," "we," "us," or "our"). These Terms of Service ("Terms") govern your access and use of our website www.bystormbeauty.com (the "Site"), as well as our products and any related services (collectively, the "Services").
By accessing the Site, making a purchase, or using our Services, you agree to these Terms. If you do not agree, you must immediately discontinue using our Site and Services.
1.1. Updates to Terms
We reserve the right to update, modify, or replace these Terms at any time without prior notice. Changes will be posted on this page, and your continued use of the Site after updates constitutes acceptance of the revised Terms.
2. ELIGIBILITY
- You must be at least 13 years old to access or use our Site.
- If you are under 18 years old, a parent or legal guardian must review and accept these Terms on your behalf before making any purchases or using our Services.
3. PRODUCTS & TERMS OF SALE
3.1. Product Information
ByStorm Beauty designs adaptive beauty tools to enhance grip, control, and accessibility for makeup application.Our products are grip aids, not makeup.
3.2. Pricing & Availability
- Prices are listed in AUD ($) and may change at any time without notice.
- We reserve the right to correct errors in pricing, descriptions, or availability.
- If a pricing error is identified after you place an order, we will notify you immediately with the option to proceed with the corrected price or cancel the order for a full refund.
3.3. Orders & Payment
- Orders are processed within 7 business days after payment is received.
- We accept [list payment methods, e.g., Visa, Mastercard, PayPal, Afterpay].
- By placing an order, you confirm that you are authorised to use the selected payment method.
- We reserve the right to cancel or refuse any order at our discretion. If an order is cancelled, a full refund will be provided.
3.4. Shipping & Delivery
- We ship Australia-wide — and now, worldwide.
- Shipping costs and estimated delivery times are provided at checkout.
- Once shipped, you will receive a tracking number.
- We are not responsible for shipping delays caused by customs, carrier issues, or force majeure events.
3.5. Returns & Exchanges
- Change of mind: We accept returns for unused products in original packaging within 30 days of delivery.
- Faulty or damaged items: If your product is defective or damaged upon arrival, contact returns@bystormbeauty.com within 7 days with photos.
- Refunds are issued to the original payment method within 7-10 business days after approval.
- NDIS-funded purchases: Refunds are subject to NDIS guidelines and may require documentation.
4. NDIS FUNDING & CLAIMS
4.2. Eligibility for NDIS-Funded Purchase
ByStorm Beauty's products may qualify as Assistive Technology (AT) under the NDIS. Participants should ensure that any AT purchased:
- Supports the achievement of their NDIS plan goals.
- Is not funded by another source.
- Meets the NDIS criteria for reasonable and necessary supports.
4.2. NDIS Purchase & Refund Policy
- Compliance with NDIS Guidelines: All NDIS-funded purchases must align with NDIS guidelines and meet the reasonable and necessary criteria. Participants are responsible for ensuring that the products purchased are approved under their NDIS plan.
- Responsibility for Payment: If an NDIS claim is denied or if the purchased product does not meet the NDIS funding criteria, the participant is responsible for the full payment of the product.
- Refunds and Returns: In accordance with Australian Consumer Law, if a product is found to be defective or not fit for purpose, participants are entitled to a refund or replacement. Participants should contact ByStorm Beauty within 30 days of delivery to initiate a return or exchange.
- Record Keeping: Participants are advised to retain all purchase receipts and related documentation, as the NDIS may require evidence of the purchase and its alignment with the participant's plan goals..
5. ACCEPTABLE USE OF THE SITE & SERVICES
By using our Site, you agree NOT to:
- Violate any laws or regulations.
- Infringe on intellectual property rights.
- Post content that is false, offensive, misleading, or harmful.
- Attempt to hack, scrape, or disrupt our Site.
- Use our Site for unauthorised commercial purposes.
Violation of these Terms may result in immediate termination of access to our Site and Services.
6. USER CONTENT & REVIEWS
By submitting reviews, testimonials, or images, you grant us permission to use, modify, and display them for promotional purposes on our Site, social media, or marketing materials.
You confirm that:
- You own or have permission to share the content.
- Your content does not infringe on third-party rights.
- Your review reflects an honest experience with our products.
We reserve the right to remove or refuse any content at our discretion.
7. INTELLECTUAL PROPERTY
All content on our Site—including text, images, product designs, and branding—is owned by ByStorm Beauty and protected by copyright and trademark laws.
You may NOT copy, reproduce, or distribute any content without written permission.
8. PRIVACY & DATA COLLECTION
- Your use of our Site is governed by our Privacy Policy which outlines:
- How we collect and use your personal data.
- Your rights regarding your information.
- How to opt out of marketing communications.
We will NEVER sell your personal data.
9. THIRD-PARTY LINKS
- Our Site may contain links to third-party websites for convenience. We do not control, endorse, or take responsibility for external sites.
- Click at your own discretion.
10. CHANGES TO OUR SERVICES
We reserve the right to:
- Modify or discontinue any product or feature.
- Update pricing, policies, or terms at any time.
- Implement changes immediately upon posting.
- Continued use of the Site constitutes acceptance of these changes.
11. DISCLAIMER & LIMITATION OF LIABILITY
11.1. No Guarantees
We aim to provide high-quality products and services, but we do not guarantee uninterrupted, error-free access to the Site.
11.2. Limited Liability
ByStorm Beauty is not responsible for:
- Indirect or incidental damages (e.g., loss of profits, inability to use products).
- Shipping delays or carrier errors.
- User misuse of our products.
Our total liability will not exceed the amount paid for the product.
12. GOVERNING LAW & DISPUTES
These Terms are governed by the laws of Australia.
- Claims will be handled in NSW, Australia.
- Small claims court is an option if applicable.
- Legal fees are not covered by ByStorm unless required by law.
13. CONTACT INFORMATION
For any questions or concerns, reach out to us:
📩 Email: hello@bystormbeauty.com
📍 Address: PO Box 61 Warners Bay NSW 2282