Terms & Conditions

This website is operated by BJPS PTY LTD (ABN 52 159 090927) trading as BY JOHNNY (“BY JOHNNY”, “we”, “us”, “our”).

By accessing or using www.byjohnny.com.au (the “Website”), including purchasing products from us, you agree to be bound by these Terms & Conditions (“Terms”), together with any policies referenced within them, including our Returns Policy and Privacy Policy.

If you do not agree to these Terms, you must not access or use our Website.

We reserve the right to amend these Terms at any time. Updates will be effective upon publication on this page. Continued use of the Website constitutes acceptance of any changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services to you.

 

1 – ONLINE STORE TERMS

 By using this website, you represent that;

  • You are at least 18 years of age or have the consent of a parent or guardian;

  • You have the legal capacity to enter into a binding contract under Australian law;

  • All information you provide is accurate and complete.

You must not use our products for any unlawful or unauthorised purpose, nor violate any applicable laws (including intellectual property laws).
You must not transmit viruses, malware, or any destructive code.
We reserve the right to refuse service or terminate accounts where these Terms are breached.

 

2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time, subject to applicable law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or its content without our prior written consent.
Credit card information is encrypted during transmission over networks. Other content may be transferred over various networks and adapted to technical requirements.

 

3 – ACCURACY OF INFORMATION

We strive to ensure all information on our Website is accurate and current. However:

  • We do not guarantee that all content is free from errors.

  • Product descriptions, pricing, availability and other information may change without notice.

  • Historical information is provided for reference only.

Your reliance on Website content is at your own risk.

 

4 – PRICING AND MODIFICATIONS

Prices are subject to change without notice.
We reserve the right to modify or discontinue products or services at any time without liability, subject to Australian Consumer Law.

 

5 – PRODUCTS

Certain products may be available exclusively online and may have limited quantities.
We make every effort to display product colours and images accurately. However, we cannot guarantee colour accuracy across devices.
We reserve the right to:

  • Limit quantities per customer or order;

  • Discontinue products at any time;

  • Refuse orders that appear to be placed by resellers or distributors.

 Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law, including consumer guarantees.

 

6 – PRE-ORDERS 

Pre-order items are offered to support considered production.
If production delays or unforeseen issues arise, we reserve the right to cancel a pre-order and provide a full refund.
Orders containing both pre-order and in-stock items will be shipped once all items are available unless ordered separately.
Estimated delivery dates are indicative only.

 

7 – ORDERS, BILLING & PAYMENT

We reserve the right to refuse or cancel any order at our discretion.
If we cancel an order after payment has been processed, a full refund will be issued.
By providing payment information, you warrant that:

  • You are authorised to use the payment method;

  • The information provided is accurate.

We accept:

  • Visa

  • Mastercard

  • American Express

  • PayPal

  • Afterpay

Orders are processed once payment is successfully authorised.

 

8 – THIRD PARTY TOOLS AND LINKS

Our Website may contain links to third-party websites or optional on-site tools.

We are not responsible for:

  • Third-party content;

  • Their privacy practices;

  • Any transactions you enter into with them.

Use of third-party services are at your own risk.

 

9 – USER SUBMISSIONS & CONTENT

If you submit comments, reviews, suggestions, images or other content (“Submissions”), you grant BY JOHNNY a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, publish and distribute such content in any media.

We are not obligated to:

  • Maintain Submissions in confidence;

  • Pay compensation for Submissions;

  • Respond to Submissions.

You warrant that your Submissions:

  • Do not infringe third-party rights;

  • Are not unlawful, defamatory, obscene or misleading;

  • Do not contain malicious code.

We reserve the right to remove content at our discretion.

 

10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy for more information.

 

11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, the Website may contain typographical errors, inaccuracies or omissions relating to:

  • Product descriptions

  • Pricing

  • Promotions

  • Shipping times

We reserve the right to correct such errors and cancel orders affected by incorrect information, including after submission, with a full refund where applicable.

 

12 - PROHIBITED USES

You must not use the Website:

  • For unlawful purposes;

  • To infringe intellectual property rights;

  • To harass, abuse or discriminate;

  • To upload malicious code;

  • To collect personal information of others;

  • To interfere with Website security.

We may terminate access for breaches.

13 – DISCLAIMER AND LIMITATION OF LIABILITY

To the extent permitted by law:

  • The Website and products are provided “as is” and “as available”.

  • We do not guarantee uninterrupted or error-free access.

Nothing in these Terms excludes rights under the Australian Consumer Law.
Where liability cannot be excluded, our liability is limited to:

  • Replacement of goods;

  • Repair of goods;

  • Refund of the purchase price;

  • Re-supply of services;

as determined by us in accordance with the Australian Consumer Law.
We are not liable for indirect or consequential loss, including loss of profits or data, to the extent permitted by law. 

14 – INDEMNITY

You agree to indemnify and hold harmless BY JOHNNY and its officers, employees and affiliates from claims arising from your breach of these Terms or misuse of the Website, or your violation of any law or the rights of a third-party.

15 – SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16 – TERMINATION

These Terms remain effective unless terminated by you or us.
We may suspend or terminate access to the Website immediately if you breach these Terms.
Obligations and liabilities incurred prior to termination survive termination.

  

17 - ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and BY JOHNNY regarding use of the Website.

 

18 - GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.
You submit to the exclusive jurisdiction of the courts of New South Wales.

 

19 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time. The latest version will always be available on this page.

20 - CONTACT INFORMATION

For any questions regarding these Terms, please contact:

info@byjohnny.com.au