Terms and Conditions

Terms and Conditions;

 

TERMS AND CONDITIONS OF SALE

The terms and conditions set out below apply to your use of the www.statusquoco.com.au and associated websites (“Websites”) and also any other products and services of OVP International Pty Ltd trading as Status Quo Co and Pasha Clothing, including any of the companies mobile apps for smart phone and tablet devices should they exist.

The Websites are operated by OVP International (OVP). As a condition of use of the Websites you agree to the terms and conditions as set out below.

Your use of the website constitutes your agreement to the Terms and Conditions. This means by using the website you are bound by these Terms and Conditions. These Terms and Conditions are also to be read in conjunction with our Privacy Statement and any other applicable policies issued by OVP.

OVP reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the site, it is your responsibility to be aware of our current terms and conditions.

Terms and Definitions

1. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

2. “Products” means the products which OVP may cause to be supplied to you pursuant to these Terms and Conditions;

3. “Purchaser” shall mean a person, firm, or corporation, jointly and severally if there is more than one, purchasing Products by placing an order on the Websites;

4. “Terms and Conditions” shall mean these terms and conditions of sale and use of this Website;

5. “Seller” shall mean OVP and any of its associated or trading entities

6. “User” means any person who accesses the website

7. Any order placed by a purchaser on the website is deemed to be an order incorporating, and being subject to, these Terms and Conditions, unless expressly agreed otherwise by the seller in writing.

Purchase Orders

1. Any order placed by you on the website in the manner described in the Website is an offer by you to purchase particular Products for the price specified (including the delivery costs and other charges and taxes), and in accordance with these Terms and Conditions as are applicable at the time you place your order.

2. The Seller reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any Products, an error in the price or the description of Products on this Website, or an error in your order.

3. You are not entering into a contract with the Seller until the Seller forwards confirmation of receipt of your order and payment.

4. Orders accepted by the Seller may not be cancelled or altered in whole or in part by you without prior written consent from the Seller.

5. The Seller may decline by notification to the Purchaser, any order in whole or in part, at any time prior to delivery of the Products. If the Seller does so, the Seller will be under no obligation in respect of the order.

6. Payment of any order placed by you on the Website will only be accepted by credit card or PayPal (or such other payment means as may be approved by the Seller from time to time).

Prices

1. Prices of Products, delivery and other charges displayed on this Website are current at the time of issue, but may change at any time and are subject to availability.

2. All prices are expressed in Australian Dollars unless otherwise stated.

3. All prices are inclusive of 10% GST as defined in the A New Tax System (Products and Services Tax) Act 1999, where the imposition of GST is applicable.

4. In addition to the price payable, you are responsible for any other taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, Products and services taxes or any value added tax imposed on any Products acquired or ordered by you from this Website only if applicable.

5. The Seller reserves the right to vary its prices, by providing notice to the Purchaser, up to the time when final confirmation of the order is given by the Seller.

Delivery

1. Orders are delivered by the method of delivery offered by the Seller and selected by you during the order finalisation and confirmation process on the Websites.

2. Deliveries within Australia will be carried out by Australia Post and the Purchaser should allow for approximately 3 business days from the date of confirmation of order to delivery of the Products. Allow additional days during peak periods, holidays or over the festive season.

3. Deliveries outside of Australia will be carried out by Australia Post and the Purchaser should allow for approximately 3 weeks from the date of confirmation of order to delivery of the Products.

4. Any time quoted for delivery is an estimate only and the Seller shall not be liable to you or to any other person for any loss or damage howsoever arising as a result or consequence of any failure to deliver or any delay in delivery resulting in the Products arriving later than estimated delivery times.

5. You shall not be relieved of any obligation to accept or pay for Products by reason of any delay in delivery.

6. Where you request the Seller to deliver Products directly to another person, that person takes possession of the Products for you as your agent, but you remain directly responsible to the Seller under these Terms and Conditions.

Inability to Deliver Due to Purchaser

1. If, due to any act, omission or default by the Purchaser, the Seller is unable to deliver any Products to you at the time that the Products are due to be delivered, you agree to reimburse the Seller for all reasonable costs incurred by OVP or its associated entities in the collection of and re-delivery of your order.

Cancellation of Orders

1. If the Seller determines that it is or may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by the Seller. In the event of

cancellation you shall have no claim against the Seller for any damage, loss, cost or expense whatsoever.

2. Where full payment has been made by the purchaser to the seller, in the event of the order being cancelled by the seller, the seller will process and provide a refund to the purchaser.

Refund

1. Refunds policy

1. The Seller acknowledges and agrees that:

2. The Seller at its discretion may accept returns within thirty (30) days of dispatch of a Product, if the Product is in its original purchase condition.

3. Any Product which the Seller has elected to accept return of shall be returned at the Customer’s cost.

4. Clearance items are non-refundable.

5. Any custom made, custom processed or custom acquired Products will not be returnable at all.

2. Damaged or faulty goods

3. The Purchaser acknowledges and agrees that:

1. If the Product has been damaged during transportation for the purposes of Delivery* to the Purchaser, the Seller will replace the Product if the Purchaser contacts Seller within two (2) business days of receiving the Product.

2. Delivery costs to return the Product to Seller are the responsibility of the Purchaser.

4. Incorrect Products - If you receive Products from the Seller other than those you intended to purchase, you have thirty (30) days after delivery of the Products to you to contact the Seller and return the Products so that they may be replaced by the correct Products. If the Products are returned in original packaging and in a resalable condition (ie not worn), the Seller will replace the Products or refund you the purchase price of them at the Seller’s discretion. If the Products are not returned in original packaging and/or not in a resalable condition (ie not worn), it is at the Seller’s discretion as to whether the Products will be replaced or returned to you without replacement.

5. The Seller will not be held responsible for damage caused to Products by misuse or poor care.

6. The Seller’s Refund Policy as set out herein shall be subject to the requirements of the Australian Consumer Law, and where applicable shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon the Seller and the Purchaser where necessary to comply with the Australian Consumer Law.

7. If you are returning Products from an International location (outside of Australia), please ensure that you clearly mark on the customs declaration that the Products contained in the package are “Returns” to the seller to prevent the package incurring customs charges. If the Products are not marked as “Returns” and the Seller incurs a customs charge, the Seller may refuse to accept delivery of the Products unless the cost is met by you.

Intellectual Property Rights in the Products

1. OVP owns or is the licensee of all copyright, trade mark, patent or design rights or confidential information (“Intellectual Property”) in or related to any of the Products.

2. You must not copy the Products or permit or arrange for any third party to copy them.

3. You must:

1. only use any Products for the purposes for which they were designed to be used;

2. not reverse engineer any Products; and

3. not design or manufacture products that compete with any Products.

Disclaimer

1. You agree that your use of the Website shall be at your sole risk.

2. To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.

3. We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website or the content of any Linked Website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, resulting from any:

1. errors, mistakes or inaccuracies of material or information on the Website;

2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;

3. any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;

4. any interruption or cessation of transmission to or from the Website;

5. any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party;

6. any errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted or otherwise made available on the Website; and/or

7. any errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the Website.

4. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any Linked Website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Indemnity

1. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, us, our officers, directors, employees, contractors, agents or related bodies corporate for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:

1. your use of and access to the Website; and

2. your violation of any third party right, including any copyright, property, or privacy right; or

3. any breach of your obligations under these Terms and Conditions

The indemnities referred to in this clause 13 shall survive the termination of these Terms and Conditions of Use and your use of the Websites.

Copyright

1. Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use.

2. Copyright in the content of this Website (including text, photographs, graphics, logos, icons and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

2. commercialise any information, products or services obtained from any part of this Website, without our written permission.

Linked Websites

1. This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained

2. OVP are not responsible for the content or privacy practices associated with Linked Websites

3. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or websites referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary

Governing Law

The Purchaser agrees that all contracts made with OVP shall be deemed to be made in the State of Victoria, Australia and these Terms and Conditions are governed by the laws of the State of Victoria, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.

Force Majeure

If the performance of the Seller’s obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller will not be liable for any loss or damage suffered by the Purchaser or any other person and the Seller will give the Purchaser written notice if the force majeure event has continued unabated for thirty (30) days.

General

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Websites. Your

continued use of the Websites following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.

Enquiries: If you have any queries please contact customer service at:

OVP International Pty Ltd

P O Box 2450, Caulfield Junction

VIC, Australia 3161

 

Privacy Policy

 

At OVP International Pty Ltd (“OVP”) we are committed to protecting your privacy, including the information we receive about you. The following policy explains how we will collect and use information about you, and how we will fulfil our obligations to you under the Privacy Act 1988 (“the Act”) and the National Privacy Principles that form part of the Act. By using our website (www.statusquoco.com.au ), services or mobile apps, you are agreeing to our collection and use of your personal data as described in this Privacy Policy. We confirm that if you provide us with your personal data, we will make the following commitments to you:

1. We will not spam you; and

2. We will not share your data unless in circumstances where we have described it in this Privacy Policy, or where we have told you in advance, or where you have given us permission, or where we have aggregated the data and removed any information that would identify you.

COLLECTION

When you are using the Status Quo website, services or mobile apps (if available) functions we may collect personal and sensitive information about you. We collect information and store that information as an image and/or as text to provide you with a better service. Our collection of information will be fair and not intrusive and we will only collect information that is necessary for the purpose that it is being collected and purposes as are notified to you. Additionally, we will ensure that we:

1. identify ourselves;

2. explain why we are collecting the information;

3. tell you whether and how you can access the information;

4. tell you who we may share the information with; and

5. inform you of the consequences if you do not provide all or part of the information we request.

Sometimes we may collect information about you from third parties. In these circumstances we will take reasonable steps to ensure that you are aware of (a) to (e) above.

As part of our service, we may collect the following information from you:

1. name, address, contact details and email address;

2. the payment card information you use to purchase any of Status Quo’s services or product offerings or those of its affiliates;

3. any descriptions, notes or tags that you add to Pasha’s website that you submit or post; and

4. any other information or data submitted by you in connection with Status Quo’s services or product offerings, or in connection with any requests made by you.

 

Collection Purposes

We collect this information because it is required in order for us to provide you with our services.

In addition, we may also collect Cookies data, Analytics, Tags, and Site Management Data.

We use cookies to collect data about your visit and to allow you to navigate from page to page without having to re-register each time. You can refuse cookies by using the appropriate setting on your browser, however, if you do so you may not be able to access portions of our website. The information we store in cookies shall not be linked to any personally identifiable information you submit while on our website, however may also use this data to tailor advertisements to you. The use of cookies by our partners, affiliates, and service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our partners, affiliates, and service providers use session ID cookies to collect data about your visit and to tailor and deliver advertising messages to you.

When you visit our website we use action tags (also called pixel tags, clear GIF, or beacons) to identify some of the pages that you visit and how you use those pages and the information and data appearing on them, including details of the pages that you visit and how you use the content on those pages. Action tags are also placed in advertisements by third parties on our website or the websites of other parties. Action tags may collect and transmit this data in a manner that identifies you personally if you have registered with our website, or are logged into our website. We also use tags in our emails, to determine whether an email was opened or whether it was forwarded.

Please also note that data that we collect about the use of our website will be aggregated for administering, protecting and improving our website and our systems, to compile aggregated statistics about our website usage, to better understand the preferences of visitors and optimize the content of our site and apps, to identify server problems and issues, for our marketing and research purposes.

When you visit our website we use third party analysis tools to collect data about your computer and Internet connection, including the IP address of your computer and/or Internet service provider, your browser, information concerning the access of our website the Internet address of websites from which you link to our website and from which you came before landing on our website. This information is used internally for the purpose of understanding how our website is used by visitors and subscribers, and for our continuous improvement purposes.

Marketing

We may use your personal information that we have collected to promote and market products and services to you, including through methods such as email and SMS. We will not use your personal information for marketing purposes where you have opted out of receiving such communications.

When we send you marketing communications we may provide you a particular way to opt-out such as via SMS. Otherwise, you may opt-out of receiving marketing communications by sending a written request to The Privacy Officer, OVP International Pty Ltd, either by email to darren@statusquoco.com.au or by post to PO Box 2450, Caulfield Junction Vic 3161

Please note that when you create an account, proceed to the payment stage of the checkout or complete a purchase with us your details will be added to our marketing database to receive information relating to Status Quo and our products including information regarding items that remain in your shopping cart or stored in your Wish List.

When you access the Status Quo website via a special invitation from Status Quo or a third party enticement or inducement for the purpose of redeeming an exclusive offer, we require that you authenticate your entitlement or affiliation and verify your identity by creating an account. This may occur automatically with some Status Quo and third party authentication applications.

You may also choose to receive marketing information by subscribing to our marketing database via our website.

To opt-out of receiving Status Quo marketing materials from our marketing database, you will need to unsubscribe from our database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with Status Quo, we may still need to send you essential information about your account.

 

Contact Details

If you would like to contact us in respect of the information contained in this Privacy Policy including accessing or correcting your personal information held by us or submitting a privacy complaint, then please email: darren@statusquoco.com.au