This website (Site) is operated by Samantha Gibson ABN 88 939 250 489 (we, our or us). It is available at: bycommonpractice.com and may be available through other addresses or channels.

CONSENT

By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy. Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

VARIATIONS

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

LICENSE TO USE OUR SITE

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

PROHIBITED CONDUCT

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
[1] anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
[2] using our Site to defame, harass, threaten, menace or offend any person;
[3] interfering with any user using our Site;
[4] tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
[5] using our Site to send unsolicited email messages; or
[6] facilitating or assisting a third party to do any of the above acts.

INFORMATION

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

INTELLECTUAL PROPERTY RIGHTS

[1] Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
[2] We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
[3] You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as on sale to third parties.

PRICE AND PAYMENTS

You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product/service, plus any applicable delivery charges based on the delivery options selected by you. All amounts are stated in Australian dollars. You must pay for the product or services by one of the methods set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. We reserve the right to modify, reject or cancel your order whenever it becomes necessary.

AVAILABILITY AND CANCELLATION

All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

SHIPPING AND DELIVERY

When you purchase goods from our Site, the goods will be delivered through Standard Shipping via Australia Post. Standard Shipping typically takes between 5-7 business days for VIC addresses and between 7-10 business days for interstate addresses (excluding processing time). Delivery times may be longer to rural and non-metro addresses and during peak times. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

REPAIR, REPLACEMENT OR REFUND

If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.

CHANGE OF MIND

We do not accept returns for change of mind.

DISCOUNT CODES AND PROMOTIONS

We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

DISCONTINUANCE

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
[1] they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 
[2] access will be uninterrupted, error-free or free from viruses; or
[3] our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

INDEMNITY

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

TERMINATION

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

SERVERABILITY

If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

JURISDICTION

Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

CONTACT 

For any questions and notices, please contact us at:
Samantha Gibson
ABN 88 939 250 489
Email: hi@bycommonpractice.com

Last update: March 17 2025