Last updated on 20 March 2025
Alyssa Jane Milton trading as ‘Lyssy May’
ABN 35 630 925 463
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Lyssy May.
In these terms, we also refer to Lyssy May as “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://lyssymay.com.au/ and any other websites we
operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you
can find it here .
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Part A : Terms for when you buy Products (applies when you buy)
Part B : Terms for when you browse and interact with this Website (applies when you browse)
Part C : Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or
purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those
Products. However, please note that we may change any part of these terms at any time by updating this
page of the Website, so you may find that different terms apply next time you use this Website or purchase
Products. You can check the date at the top of this page to see when we last updated these terms.
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Part A For When You Buy Products…
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality
(Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding
contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these
terms (including Part C which you agreed to by using this Website) where we will provide
you with the Products you have ordered in exchange for your payment of the total amount
listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your
payment and you receive an email from us confirming that your order is being processed.
2 PRODUCTS
2.1 GENERAL
(a) All our Products are handmade in small batches or are otherwise one-off, unique pieces.
(b) While we will endeavour to ensure that the Products provided will be substantially the
same as the Products displayed on our Website, or as otherwise agreed with you in
writing prior to you placing your Order, you acknowledge and agree that there may be
subtle differences due to the Products being handmade. This might include differences to
the colour or pattern displayed on the fabric we use, as well as the shape, style or
structure of the Products.
(c) You also agree that, due to screen display, colour and brightness, and image quality,
Products may not exactly match the image on our Website.
(d) Until the price of your Products is paid in full, title in those Products is retained by Lyssy
May. Risk in the Products will pass to you on delivery in accordance with clause 4 .
Delivery must not be refused by you.
2.2 LYSSY MAY COLLECTION
(a) Our current Lyssy May collection is displayed on our Website under the tab ‘Latest
Collection’ (Lyssy May Collection).
(b) When you purchase Products from our Lyssy May Collection, the change of mind returns
policy in clause 5.3 applies.
2.3 MADE TO ORDER
(a) When you submit a made to order enquiry and we accept this enquiry, you may place an
order for a bespoke Product that we will make using the information you provide us in
your enquiry or as otherwise agreed in writing (Made to Order).
(b) You agree that you are solely responsible for providing us with the correct information
including, without limitation, the correct design, style, colour, material and features.
(c) We bear no responsibility if the Product provided or delivered is unsuitable, not as you
expected or does not fit your purpose due directly or indirectly to any incorrect information
you may provide us.
(d) Where you are supplying your own fabric for the Product, you acknowledge and agree
that such fabric is suitable for the Product and durable for use. We will not be liable for
any loss, damages or consequences arising from your choice of fabric.
(e) When you purchase Made to Order Products, the change of mind returns policy in clause
5.4 applies.
(f) You agree that, if you supply any incorrect information to us when ordering a Made to
Order Product:
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(i) any request to return the Product on this basis will be considered a change of
mind return which, in accordance with clause 5.4 , we have no obligation to
accept;
(ii) the Product will not be considered a faulty Product if any error or inconsistency
in the Product is a direct or indirect result of such incorrect information, as set
out in clause 5.5 ; and
(iii) you will solely be responsible for any damage or loss you may suffer as a result
of providing any incorrect information.
2.4 TAKING CARE OF THE PRODUCTS
(a) We’ll provide you with care instructions when we post your Product to you, which you can
also access on our Website, here.
(b) We will assume that you take care of your Product in accordance with the instructions we
provide. If you do not follow the care instructions, then we accept no responsibility for
such conduct or any loss, damages or consequences arising from such conduct.
3 PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products
at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In
relation to any GST payable for a taxable supply by Lyssy May, you must pay the GST
subject to Lyssy May providing a tax invoice.
(d) (Card surcharges) Lyssy May reserves the right to charge credit card surcharges in the
event that payments are made using a credit, debit or charge card (including Visa,
MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment
Providers) to collect payments for Products. The processing of payments by the
Payment Provider will be, in addition to these terms, subject to the terms, conditions and
privacy policies of the Payment Provider and we are not liable for the security or
performance of the Payment Provider. We reserve the right to correct, or to instruct our
Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which
your order was purchased (including shipping prices), we will attempt to contact you and
inform you of this as soon as possible. You will then have the option of purchasing your
order at the correct price, or cancelling your order. If you choose to cancel your order and
payment has already been debited, the full amount will be credited back to your original
method of payment.
4 DELIVERY AND SHIPPING
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices
displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Details) Lyssy May may charge you for delivery at any time (notwithstanding
that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Lyssy May; and
(ii) we will deliver the Products to you in accordance with the shipping information
displayed on our Website.
(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you.
Any problems with delivery should be directed to us to troubleshoot the issue. We will
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endeavour to assist you to ensure your delivery arrives. All delivery times provided to you
are estimates only and are subject to postal delays and reasons beyond our control. We
do not warrant or make any representation that your order will be delivered within the
times indicated. We will not be liable for any loss or damage suffered as a result of or in
connection with late deliveries.
(d) (International Orders) Lyssy May reserves the right to refuse international orders.
5 CANCELLATIONS AND RETURNS
5.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason, and will notify you of this as
soon as possible. Where payment has already been debited, the full amount will be credited back
to your original method of payment.
5.2 CANCELLATION BY YOU
When you place an Order, our system will automatically confirm this via email
(Confirmation Email). This Confirmation Email means that your Order is binding and cannot be
changed by you. However, our refunds and exchanges process may apply.
5.3 CHANGE OF MIND RETURNS – LYSSY MAY COLLECTION
(a) This clause 5.3 applies if you purchase a Product from our Lyssy May Collection.
(b) If you have changed your mind about a Product and would like to return it, please contact
us using the details provided on our Website.
(c) You may only request a change of mind return under this clause 5.3 where:
(i) the request is made within 10 business days of delivery;
(ii) the Product is in brand new, unused condition and in its original packaging; and
(iii) you provide us with valid proof of purchase of the Product.
(d) Any change of mind return is at our absolute discretion. If we accept your change of mind
return we may offer a refund, exchanges and store credit but may, at our discretion, limit
your choice to exchanges or store credit.
5.4 CHANGE OF MIND RETURNS – MADE TO ORDER
(a) This clause 5.4 applies if your purchase a Made to Order Products.
(b) We do not offer change of mind returns for Made to Order Products.
(c) We will only accept returns for Made to Order Products if they are faulty Products in
accordance with clause 5.5 , below.
5.5 RETURNS FOR FAULTY GOODS
(a) If you believe your Product is faulty, please contact us using the details provided on our
Website with a full description of the fault (including images).
(b) If we determine that your Product may be faulty, we will request that you send the
Product back to us at your cost for further inspection, including any accessories,
manuals, documentation or registration shipped with the Product. We reserve the right to
further inspection before deeming a Product faulty.
(c) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to
fair wear and tear, misuse, failure to use in accordance with the manufacturer’s
instructions, or failure to take reasonable care, we will refuse your return and send the
Product back to you at your cost.
(d) If we determine that the Product is faulty, you will be credited the full amount paid
(including shipping costs) and you may request a refund, exchange or store credit. All
refunds will be credited back to your original method of payment unless you request
otherwise and we approve this request.
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(e) If you fail to comply with the provisions of this clause 5.5 , in respect of a faulty Product,
we may, in our absolute discretion, issue only a partial refund or no refund in respect of
the faulty Product.
(f) Nothing in this clause is intended to limit or otherwise affect the operation of any
manufacturers’ warranties which you may be entitled to or any of your rights which cannot
be excluded under applicable law.
6 INTELLECTUAL PROPERTY
(a) Lyssy May retains all intellectual property rights in the design of the Products, including
the labelling and packaging, or those rights are owned by a third party. You must not
attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design,
patent, semiconductor and circuit layout rights, trade, business, company and domain
names, confidential and other proprietary rights, and any other rights to registration of
such rights whether created before or after the date of these terms both in Australia and
throughout the world.
7 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products,
including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts
or omissions of those third parties, including where such third parties cause delay or
damage to any part of your Order, or are negligent in providing services or goods.
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Part B For When You Browse This Website…
8 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws,
and must ensure that your employees, sub-contractors and any other agents who use or access
the Website comply with these terms and any applicable laws.
9 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any
part or aspect of the Website without the express consent of Lyssy May;
(b) use the Website for any purpose other than the purposes of browsing, selecting or
purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates
illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create
undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Lyssy May, including
by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal
functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
10 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date
and accurate as possible, you acknowledge and agree that we do not (to the maximum
extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at
all;
(iv) information you receive or supply through the Website will be secure or
confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by
updating the Website at any time without notice, including product descriptions, prices
and other Website Content.
11 INTELLECTUAL PROPERTY
(a) Lyssy May retains ownership of the Website and all materials on the Website (including
text, graphics, logos, design, icons, images, sound and video recordings, pricing,
downloads and software) (Website Content) and reserves all rights in any intellectual
property rights owned or licensed by it not expressly granted to you.
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(b) You may make a temporary electronic copy of all or part of the Website for the sole
purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,
modify or publish the Website or any Website Content without prior written consent from
Lyssy May or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design,
patent, semiconductor and circuit layout rights, trade, business, company and domain
names, confidential and other proprietary rights, and any other rights to registration of
such rights whether created before or after the date of these terms both in Australia and
throughout the world.
12 THIRD PARTY TERMS AND CONDITIONS
(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party
Terms) may apply.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and
services, and Lyssy May will not be liable for any loss or damage suffered by the
Customer in connection with such Third Party Terms.
13 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have
no control over the content of any linked websites, and we are not responsible for that
content.
(b) Inclusion of any linked website on the Website does not imply our approval or
endorsement of the linked website.
14 THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that
third party may apply to your use of this Website to the extent applicable to you. Those
terms can be accessed here: insert if known.
(b) To the maximum extent permitted under applicable law and our agreement with our third
party platform provider, we will not be liable for any acts or omissions of that third party,
including in relation to any fault or error of the Website or any issues experienced in
placing Orders.
15 SECURITY
Lyssy May does not accept responsibility for loss or damage to computer systems,
mobile phones or other electronic devices arising in connection with use of the Website. You
should take your own precautions to ensure that the process that you employ for accessing the
Website does not expose you to risk of viruses, malicious computer code or other forms of
interference.
16 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material
on the Website or any difficulty in accessing or using the Website, please contact us immediately
using the contact details or form provided on our Website.
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Part C Liability And Other Legal Terms…
17 LIABILITY
(a) To the maximum extent permitted by applicable law, Lyssy May limits all liability to any
person for loss or damage of any kind, however arising whether in contract, tort (including
negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to
this Website, these terms or any Products or services provided by Lyssy May, is limited to
the greater of:
(i) the total Fees paid to Lyssy May by you in the 6 months preceding the first
event giving rise to the relevant liability; and
(ii) $100AUD.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by Lyssy May, will have only the benefit of any warranty given, and
insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the
associated services performed by Lyssy May are, to the maximum extent permitted by
applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer
Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL,
you may be entitled to certain remedies (like a refund, replacement or repair) if there is a
failure with the goods or services we provide.
(f) (Indemnity) You indemnify Lyssy May and its employees and agents in respect of all
liability for loss, damage or injury which is or may be suffered by any person arising from
your or your representatives negligent or fraudulent use of any goods or services
provided by Lyssy May.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances
will Lyssy May be liable for any incidental, special or consequential loss or damages, or
damages for loss of data, business or business opportunity, goodwill, anticipated savings,
profits or revenue arising under or in connection with this Website, these terms or any
Products or services provided by Lyssy May (except to the extent this liability cannot be
excluded under the Competition and Consumer Act 2010 (Cth)).
18 GENERAL
18.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party
irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of
appeal from them in respect of any proceedings arising out of or in connection with these terms.
Each party irrevocably waives any objection to the venue of any legal process on the basis that the
process has been brought in an inconvenient forum.
18.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver
of any right unless the waiver is in writing and signed by the party granting the waiver.
18.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to
the extent that it is void or unenforceable. The validity and enforceability of the remainder of these
terms is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds
or benefits them jointly and severally.
18.5 ASSIGNMENT
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A party cannot assign, novate or otherwise transfer any of its rights or obligations under
these terms without the prior written consent of the other party.
18.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and
expenses in connection with negotiating, preparing, executing and performing these terms.
18.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any
prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in
relation to the subject matter of these terms.
18.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other
gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of these terms, and a reference to these terms includes all schedules,
exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as
varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation;
and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a
party because that party was responsible for the preparation of these terms or that
provision.
19 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this
agreement, or if no email address is specified in this agreement, then the email
address most regularly used by the parties to correspond regarding the subject
matter of this agreement as at the date of this agreement (Email Address). The
parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email
was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a
public holiday in the state or territory whose laws govern this agreement, in
which case the notice will be taken to be given on the next occurring business
day in that state or territory; or
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(ii) when replied to by the other party,
whichever is earlier.