These Terms of Service ("Terms") govern your use of the By Sea Moss website (byseamoss.com) and the purchase of products from By Sea Moss ("BSM", "we", "us", "our"). By accessing our website or placing an order, you agree to be bound by these Terms. Please read them carefully before making a purchase.
These Terms are governed by the laws of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of our website.
1. Products and product information
We take reasonable care to ensure that all product descriptions, ingredient lists, and information displayed on our website are accurate and up to date. However, we reserve the right to correct any errors or omissions and to update product information at any time without notice.
Product images are for illustrative purposes. Actual product appearance may vary slightly due to screen display differences or minor batch variations. This does not constitute a defect.
Our products are food supplements, not therapeutic goods. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Nothing on our website constitutes medical advice. If you have a health condition or are taking medication, please consult a qualified healthcare professional before using our products.
2. Orders and payment
By placing an order, you are making an offer to purchase the products listed in your order at the prices specified. All orders are subject to availability and acceptance by us. We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, suspected fraud, or product unavailability.
All prices are displayed in Australian dollars (AUD) and include GST where applicable. Prices are subject to change without notice. The price applicable to your order is the price displayed at the time you complete checkout.
Payment must be made in full at the time of order. We accept payment via the methods displayed at checkout. Payment is processed by secure third-party payment providers. We do not store your full payment details.
Once your order is confirmed, you will receive an order confirmation email. This confirmation does not constitute acceptance of your order — acceptance occurs when we dispatch your items.
3. Shipping and delivery
We dispatch orders within 1–2 business days of receiving cleared payment. Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by Australia Post, third-party couriers, customs, or circumstances beyond our control.
Risk of loss or damage to products passes to you upon dispatch. If your order is lost or damaged in transit, please contact us and we will work with the carrier to resolve the issue. We are not liable for losses arising from incorrect delivery addresses provided by the customer.
For international orders, you are responsible for any import duties, taxes, or customs fees applicable in your country. These are not included in our pricing and are payable by you upon receipt.
4. Returns and refunds
We want you to be satisfied with your purchase. Please review our returns policy carefully:
- If your order arrives damaged or you receive an incorrect item, contact us within 7 days of receipt with photographic evidence and we will arrange a replacement or refund at no cost to you
- Unopened, undamaged products may be returned within 14 days of delivery for a store credit or refund of the product price (excluding original shipping costs). Return shipping is at the customer's expense
- Opened products cannot be returned or exchanged for hygiene and food safety reasons, unless they are faulty or not as described
- We do not accept returns based on change of mind for opened products under any circumstances
Our returns policy operates in addition to your rights under the Australian Consumer Law. Nothing in these Terms limits or excludes any rights you have under the Australian Consumer Law that cannot be lawfully excluded.
5. Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the Australian Consumer Law or any other applicable consumer protection legislation.
6. Intellectual property
All content on our website, including but not limited to text, copy, images, logos, graphics, and product designs, is the intellectual property of By Sea Moss and is protected by Australian and international copyright law. You may not reproduce, distribute, republish, or use any of our content without our prior written consent.
The BSM brand, "by Sea Moss" name, and associated brand elements are the property of By Sea Moss. Unauthorised use of our brand or trademarks is prohibited.
7. Limitation of liability
To the maximum extent permitted by Australian law, By Sea Moss, its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or products, including but not limited to loss of profits, data, or goodwill.
Our total liability to you for any claim arising from these Terms or your purchase shall not exceed the amount you paid for the relevant order.
We do not warrant that our website will be uninterrupted, error-free, or free from viruses or other harmful components. We reserve the right to modify or discontinue the website or any part of it at any time without notice.
8. Health disclaimer
Our products are food supplements intended to support general health and wellbeing as part of a balanced diet and healthy lifestyle. They are not medicines and are not intended to diagnose, treat, cure, or prevent any medical condition. Results will vary between individuals. Testimonials or results referenced on our website are not guaranteed outcomes.
If you are pregnant, breastfeeding, have a medical condition, or are taking prescription medication, consult your healthcare provider before using our products. If you experience any adverse reaction, discontinue use immediately and seek medical advice.
Our products are not intended for use by persons under 18 years of age.
9. Website use
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website. You must not use our website to transmit unsolicited communications, introduce malicious code, or attempt to gain unauthorised access to any part of our systems.
We reserve the right to suspend or terminate access to our website at any time and for any reason, including breach of these Terms.
10. Changes to these Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to our website with a revised date. Your continued use of our website following any changes constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically.
11. Contact
For any questions about these Terms, please contact us at:
- Email: [email protected]
- Mailing address: By Sea Moss, PO Box 917, Newcastle NSW 2300, Australia