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Terms of Service

Last updated: 9 July 2025

These terms and conditions outline the rules and regulations for the use of BY TONIN's website: www.bytonin.com.

1. Acceptance of Terms and Conditions 

1.1 By accessing and using this website, including the purchase of products or services (“Products”), you agree to be bound by these terms and conditions. If you do not accept these terms, you must refrain from using the website.

1.2 For the purposes of these terms, “BY TONIN,” “we,” “us,” and “our” refer to BY TONIN, while “you” and “the customer” refer to the user of the website.

2. Amendments to Terms and Conditions

2.1 BY TONIN reserves the right to amend these terms and conditions at any time. Updates will be effective immediately upon publication on this website. It is your responsibility to review these terms regularly.

3. Your Account and Password

3.1 Users may create accounts with usernames and passwords. Account details must be accurate, and users are responsible for keeping this information secure and confidential and not disclose them to any third party.

3.2 BY TONIN is not liable for unauthorised access or misuse of your account resulting from your failure to safeguard your credentials.

4. Pricing

4.1 All prices are displayed in New Zealand Dollars (NZD), Australian Dollars (AUD), US Dollars (USD), depending on your location or preference settings on the website.

4.2 Prices include applicable taxes unless stated otherwise. Prices are subject to change without notice. BY TONIN reserves the right to modify prices, promotions, and discounts at any time without prior notice. In the event of a pricing error or mistake, BY TONIN will attempt to contact the customer to resolve the issue, which may involve canceling or modifying the affected order.

4.3 International customers may be responsible for additional taxes, duties, or customs fees imposed by their local authorities upon arrival of the goods in their country. These charges are not included in the product price or shipping fees. It is the customer's responsibility to inquire with local customs or postal authorities regarding the applicable customs policies and charges before making a purchase.

4.4 The total cost of an international order may include shipping fees, taxes, and duties, which will be added to the checkout amount based on the delivery destination. BY TONIN does not cover these charges, and any such costs are the sole responsibility of the customer.

4.5 BY TONIN may offer promotional pricing, discounts, or special offers at its discretion. These offers may be limited in duration and may be subject to specific terms and conditions, which will be outlined on the website or in promotional materials.

4.7 If you are making a purchase in a currency other than NZD or AUD, the conversion rates applied by your bank or credit card provider may result in fluctuations in the final charge. The exchange rate is determined by your financial institution and may differ from the rates shown on our website.

5. Product Representation

5.1 While we strive to provide accurate descriptions and high-quality images of our products, there may be slight variations between the photos displayed on the website and the actual products. These differences can arise from factors such as lighting, screen settings, monitor calibration, or manufacturing variations, all of which can influence how the product appears in the images. Additionally, as we use natural materials such as gemstones, metals, and other organic elements, minor variations in design, color, texture, and pattern may occur. This is a natural characteristic of these materials, and it makes each piece unique.

5.2 Such variations do not constitute a defect or error in the product. We encourage customers to review all product descriptions, including material details and dimensions, before placing an order. If you have specific questions or concerns about a product’s appearance or characteristics, please feel free to contact us prior to making your purchase.

6. Orders and Payment

6.1 Orders placed on the website constitute an offer to purchase under these terms. Confirmation of acceptance will be provided via email.

6.2 BY TONIN reserves the right to reject or cancel orders for any reason, including product unavailability or errors in pricing.

6.3 We take all reasonable care to make our website 100% secure. All credit card transactions on this website are processed using Shopify Payments, which is a secure and trusted payment gateway. In the absence of negligence on our part, we cannot 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.

6.4 All payments on bytonin.com are processed via Shopify Payments. We assume no liability for the availability, functionality, or operation of these services. We further assume no liability for any financial loss caused by the use of these payment providers.

6.5 If shopping as an overseas customer, the actual price charged to you will depend on the exchange rate applied by your credit or debit card provider at the time of the transaction.

6.6 Orders are processed pending availability and credit verification. BY TONIN reserves the right to cancel or modify orders upon review.

7. Delivery

7.1 After confirming acceptance of your order, we aim to dispatch it within 1-2 business days unless a specific product indicates a different timeframe. Orders placed on Fridays, weekends, or public holidays will be processed and dispatched on the next business day. If unforeseen delays occur, we will contact you with an updated dispatch timeline. Please note that large or multiple orders might be shipped separately, potentially arriving in multiple packages.

7.2 Deliveries may require a signature upon receipt to ensure secure delivery, depending on the shipping method selected at checkout. If you choose a delivery option without a signature requirement, you do so at your own risk. BY TONIN cannot accept responsibility for any loss, theft, or damage to packages delivered without a signature.

7.3 In the event we are unable to ship to the address provided, we will notify you, cancel your order, and issue a refund unless an alternate eligible shipping address is provided.

7.4 While we strive to meet delivery timeframes wherever possible, all delivery estimates are approximate. We cannot be held liable for any loss, expense, or damage caused by delays in delivery.

7.5 For deliveries within New Zealand, the expected timeframes are approximately two business days for the North Island and three business days for the South Island, with additional days required for rural or remote areas. International delivery durations vary depending on the destination but typically range between five and ten business days.

7.6 Your order will arrive in our signature green box, thoughtfully packaged to ensure its safe delivery. If you wish to include a personalised notecard with your order, please email our Client Services with your request after placing your order.

7.7 Although we take great care in preparing your order for shipment, we are not responsible for damages or losses incurred during transit due to circumstances beyond our control. Similarly, we are not liable for items signed for by unauthorised third parties.

7.8 Once your order has been dispatched, ownership of the items transfers to you. Upon delivery, responsibility for the goods lies with the recipient. We cannot be held responsible for losses or damages after delivery, including instances where a courier delivers the package under non-delivery arrangements or if the package is left unattended or at an incorrect address. It is the buyer’s responsibility to ensure safe receipt of the order.

8. Returns & Refunds

8.1 We want you to be happy and satisfied with your purchase. If, for any reason, you are not happy with your items, you may return them within 30 days from the date of delivery for a full refund or exchange, subject to the following conditions:

  • The item must be unused, undamaged, and in its original packaging.

  • The item must not have been altered or personalised (e.g., engraved).

  • Returns must be made using a trackable shipping service to ensure safe return and must be covered by the customer.

8.2 Certain items are non-returnable, including:

  • Customised or personalised jewellery.

  • Sale or promotional items (unless faulty).

  • Items that have been worn, altered, or damaged after delivery.

  • For hygiene reasons, earrings cannot be returned or exchanged unless faulty.

8.3 If you receive a faulty or incorrect item, please contact us within 7 days of receiving your order. We will arrange a full refund, exchange, or store credit—including any postage costs incurred. To expedite the process, please provide clear photos of the faulty or incorrect item along with your order details.

8.4 BY TONIN complies with New Zealand consumer law, which requires us to provide remedies if products are faulty, not as described, or unfit for purpose. However, under New Zealand law, we are not obligated to accept returns for change of mind, but we encourage you to contact us if you have concerns before placing your order.

8.5 To initiate a return, please email our Client Services at hello@bytonin.com with:

  • Your order number.

  • The item(s) you wish to return.

  • The reason for the return.
    We will provide return instructions and a return address.
    Please note: Return shipping costs are the responsibility of the customer unless the item is faulty or we made an error in fulfilling your order.

8.6 E-gift cards purchased from BY TONIN are issued in New Zealand Dollars (NZD) and processed immediately. You will receive the e-gift card via email and may forward it to your recipient. E-gift cards cannot be cancelled, refunded, or exchanged once issued.

8.7 Once we receive and inspect the returned item(s), we will notify you of the refund status. If approved, refunds will be processed to the original payment method. Please allow 7-10 business days for the refund to appear, depending on your payment provider.

8.8 To exchange an item, we recommend returning the original item and placing a new order for the desired product. If the returned item is in stock and meets return conditions, we will process the exchange accordingly.

8.9 Returns received after the 30-day window will be refused and returned to the sender. No refund or exchange will be issued for late returns. If a return arrives after the return window but is still accepted at our studio, it will be shipped back to the customer at their expense.

8.10 We strongly recommend using a trackable shipping service or purchasing shipping insurance for returns. BY TONIN cannot guarantee receipt of returned items and is not responsible for loss or damage during return shipment.

8.11 You have the right to cancel your order before dispatch by contacting us immediately at hello@bytonin.com. Once dispatched, cancellations are not possible, but you may follow our standard return process.

8.12 For international returns, you are responsible for any customs duties, taxes, or fees. International returns follow the same process as domestic returns, but additional shipping costs may apply.

9. Customs Duties and Taxes

9.1 Customers outside New Zealand are solely responsible for any customs duties, import taxes, and fees that may be incurred when goods arrive in their respective countries. These additional costs are not included in the price of the item or shipping and will be billed directly to the customer by the relevant customs authorities.

9.2 It is the customer’s responsibility to ensure compliance with all local import regulations and restrictions before making a purchase. BY TONIN cannot be held liable for any delays or issues arising from customs processes or restrictions in the destination country.

9.3 Please be aware that customs processing times may vary and can occasionally cause delays beyond our control. We advise checking with your local customs office for the latest regulations and to understand any potential delays.

10. Warranties

10.1 All jewellery pieces purchased from BY TONIN come with a 30-day warranty when accompanied by proof of purchase. This warranty covers manufacturing faults and defects that arise under normal usage.

10.2 The warranty does not cover accidental breakage, general wear and tear, or damage caused by improper care. This includes, but is not limited to, scratched, tarnished, or faded jewellery.

10.3 To initiate a warranty claim, customers must contact our Client Services with proof of purchase and clear images of the defect. If the issue is confirmed to be covered by the warranty, we will arrange for the replacement of the item. Please note that warranty claims are subject to the availability of the product for replacement.

11. Intellectual Property

11.1 All content featured on the BY TONIN website, including but not limited to text, images, logos, designs, graphics, and product names, is the property of BY TONIN and is protected by intellectual property laws. Any unauthorised use, reproduction, or distribution of the website's content is strictly prohibited.

11.2 Users of the website are prohibited from reproducing, modifying, distributing, displaying, or creating derivative works based on any content from this website without prior written consent from BY TONIN. Any violation of these rights will be pursued to the full extent of the law.

11.3 The trademarks, logos, and service marks displayed on the website, including the BY TONIN logo and brand name, are the property of BY TONIN. You are not permitted to use these trademarks without express written permission from BY TONIN.

12. Privacy

12.1 By using this website, you consent to the terms of our Privacy Policy, which outlines how we collect, store, use, and protect your personal information. Our Privacy Policy is available on a separate webpage here, and we encourage you to review it to understand our practices. We are committed to safeguarding your privacy and handling your information in compliance with applicable data protection laws.

12.2 We take reasonable steps to ensure your personal information is secure. Our website uses SSL encryption for safe and secure transactions. However, as with any online activity, we cannot guarantee the security of data transmitted over the internet.

13. Links and Applications

13.1 BY TONIN may contain links to third-party websites or applications for your convenience. We are not responsible for the content, privacy practices, or accuracy of information on these external websites. Accessing third-party websites through these links is at your own risk.

13.2 We do not endorse or accept responsibility for any third-party advertisements, products, or services that may be displayed on our website. Any transactions with third-party advertisers are solely between you and the advertiser.

14. Disclaimers

14.1 This website and its content are provided on an “as-is” basis, without any warranties or guarantees, whether express or implied. BY TONIN makes no representation regarding the accuracy, reliability, or completeness of the information on the website, and cannot guarantee the site will be error-free or uninterrupted.

14.2 BY TONIN will not be liable for any damages or losses arising from the use of this website, including but not limited to direct, indirect, incidental, or consequential damages. We are also not liable for any issues arising from the use of third-party links or external websites.

14.3 We strive to accurately depict our products on the website. However, we cannot guarantee that the colours, features, or specifications displayed are 100% accurate due to variances in monitor settings or other factors. Products are subject to availability and we reserve the right to withdraw any product from sale at any time.

15. Governing Law

15.1 These terms and conditions are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from the use of the website or these terms will be subject to the exclusive jurisdiction of the courts in New Zealand.

15.2 If any dispute arises in connection with these terms and conditions, both parties agree to seek resolution through mediation or alternative dispute resolution before pursuing legal action.

16. Limitation of Liability

To the maximum extent permitted by law, BY TONIN shall not be liable for any indirect, incidental, special, or consequential damages, or loss of profits, revenue, or data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected to your use of this website or any products purchased through it.

For legal enquiries, please contact legal@bytonin.com