Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by BY AVANA. Throughout the site, the terms “we”, “us” and “our” refer to BY AVANA.
BY AVANA offers this website, including all information, products, services and tools available from this site, to you conditioned upon your acceptance of these Terms of Service.
By visiting our site, creating an account, placing an order, subscribing to our communications, or purchasing from us, you agree to be bound by these Terms of Service and any additional policies referenced on this website.
If you do not agree to these terms, you should not use the website or purchase products from BY AVANA.
ONLINE STORE TERMS
You may use this website only for lawful purposes.
You may not use our products, website, content, intellectual property or services for any illegal, unauthorized, fraudulent or harmful purpose.
You must not transmit viruses, malicious code or any material intended to interfere with the operation or security of the website.
A breach of these Terms may result in termination of your access to our services.
PRODUCTS + AVAILABILITY
Certain products may be available exclusively online and may have limited quantities.
We make every effort to display product colours, images, sizing, descriptions and details as accurately as possible. However, colours and appearance may vary depending on your screen, device, production process or materials.
We reserve the right to:
- limit the sale of products to any person, geographic region or jurisdiction
- limit quantities available for purchase
- discontinue or modify products without notice
- correct product descriptions, pricing or errors
- cancel or refuse orders where appropriate
Product availability is not guaranteed until an order is accepted.
PRINT-ON-DEMAND + MADE-TO-ORDER APPAREL
Most BY AVANA apparel is produced after an order is placed rather than held as finished inventory.
Production times may vary depending on product, destination, fulfillment partner, demand and other operational factors.
Because made-to-order and print-on-demand products enter production shortly after purchase, order changes or cancellations cannot be guaranteed once production has begun.
PREORDERS
Certain BY AVANA products may be sold on a preorder basis.
Estimated delivery or shipping dates shown on preorder products are estimates and may change due to production schedules, supplier delays, transportation issues, customs processing or other circumstances outside our reasonable control.
By purchasing a preorder item, you acknowledge that:
- the item may not be available for immediate shipment
- payment may be collected before the item is produced or shipped
- delivery dates are estimates rather than guarantees
If a material delay occurs, we may contact you with updated information or available options.
PRICING + PAYMENT
Prices displayed on the website are shown in the currency indicated at checkout.
We reserve the right to change prices at any time without notice.
The price charged will be the price shown at checkout when your order is submitted, subject to correction of obvious pricing or technical errors.
Payment must be successfully authorized before an order can be processed.
We may cancel or refuse any order that we reasonably believe involves fraud, pricing errors, unauthorized payment, misuse of promotions, resale activity or other suspicious circumstances.
DISCOUNTS + PROMOTIONS
Discount codes, promotional offers, launch incentives and store credits are subject to the conditions stated at the time of the offer.
Unless expressly stated otherwise:
- promotional offers have no cash value
- promotional offers may not be combined
- eligibility requirements may apply
- minimum purchase requirements may apply
- discounts may be limited to one use per customer
- discounts may be modified or withdrawn where permitted by law
BY AVANA may refuse or cancel discounts obtained through misuse, fraud, duplication or technical error.
AVANA CREDIT + STORE CREDIT
BY AVANA may issue store credit through Shopify’s native store-credit system.
Store credit may be earned through eligible purchases, issued as part of an approved return, or granted at our discretion.
Store credit:
- is not redeemable for cash unless required by applicable law
- may only be used toward eligible purchases from BY AVANA
- may be adjusted or reversed where the underlying purchase is refunded, cancelled, returned, disputed or otherwise determined to be ineligible
- may be subject to additional terms displayed at the time it is earned or issued
Store-credit balances are associated with the customer profile used for the qualifying transaction.
ORDERS
We reserve the right to refuse, limit or cancel any order.
This may include orders that appear to be placed by dealers, resellers, distributors or other unauthorized commercial purchasers.
You agree to provide current, complete and accurate purchase, billing, shipping and contact information.
You are responsible for reviewing your order details before completing checkout.
SHIPPING + DELIVERY
Shipping times and delivery estimates are not guaranteed.
Orders containing products fulfilled through different production or fulfillment networks may arrive in separate packages.
BY AVANA is not responsible for delays caused by carriers, customs authorities, weather, labour disruptions, incorrect shipping information, international processing or circumstances outside our reasonable control.
For full shipping details, please review our Shipping Policy.
RETURNS + STORE CREDIT
Returns are governed by our Return and Refund Policy.
Eligible returns for change of mind, fit or incorrect sizing are generally issued as BY AVANA store credit rather than refunded to the original payment method.
Damaged, defective, misprinted or incorrect items are handled separately in accordance with our Return and Refund Policy and applicable consumer law.
Please review the full Return and Refund Policy before placing an order.
ACCOUNTS
BY AVANA uses Shopify customer accounts.
Customers may access their account using the authentication method provided by Shopify.
You are responsible for maintaining control over access to your email account and customer account.
You are responsible for activity conducted through your account unless prohibited by applicable law.
ACCURACY OF INFORMATION
We make reasonable efforts to ensure information on the website is accurate.
Occasionally there may be typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, availability or other information.
We reserve the right to correct errors, update information or cancel orders if information is inaccurate, including after an order has been submitted.
THIRD-PARTY SERVICES
Certain parts of our website, payment processing, fulfillment, shipping, customer accounts or other services may be provided by third-party service providers.
Your use of certain third-party services may also be subject to the terms and policies of those providers.
BY AVANA is not responsible for the independent acts or omissions of third-party providers except where required by applicable law.
INTELLECTUAL PROPERTY
All content on this website, including brand names, logos, product names, graphics, photography, designs, text, product concepts, layout and other creative materials, is owned by or licensed to BY AVANA unless otherwise stated.
You may not reproduce, copy, distribute, modify, sell, exploit or use our intellectual property for commercial purposes without prior written permission.
PROHIBITED USES
You may not use the website or its content:
- for unlawful purposes
- to infringe intellectual property rights
- to submit false or misleading information
- to transmit malicious code
- to collect personal information without authorization
- to spam, scrape, crawl or interfere with the website
- to circumvent security features
- to misuse promotional offers or store credit
We reserve the right to suspend or terminate access for prohibited activity.
DISCLAIMER
Except as required by law, products and services are provided on an “as available” basis.
We do not guarantee that use of the website will always be uninterrupted, secure or error-free.
Nothing in these Terms excludes or limits any warranty, right or remedy that cannot legally be excluded under applicable consumer-protection law.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, BY AVANA will not be liable for indirect, incidental, special or consequential losses arising from the use of the website, products or services.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
INDEMNIFICATION
You agree to indemnify and hold BY AVANA harmless from claims, losses, liabilities or expenses arising from your breach of these Terms, misuse of the website, or violation of applicable law or third-party rights, to the extent permitted by law.
SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy, Shipping Policy, Return and Refund Policy and other posted policies, constitute the agreement governing your use of the BY AVANA website and services.
GOVERNING LAW
These Terms are governed by the laws applicable in British Columbia, Canada, without limiting any mandatory consumer rights that may apply based on your location.
CHANGES TO THESE TERMS
We may update these Terms of Service from time to time.
The version published on this website at the time of use will apply, subject to applicable law.
CONTACT
Questions regarding these Terms of Service can be submitted through our Contact page: https://byavana.com/pages/contact