Terms and Conditions for the Sale of Goods on the Replay website

These Terms and Conditions for the Sale of Goods on the replayjeans.com.au website form a contract between the customer (you) and Brand Collective Pty Ltd ABN: 81 652 292 325 and apply to the ordering, purchase, fulfilment and delivery of goods from https://www.replayjeans.com.au/.

Please read these Terms and Conditions carefully before placing your Order with Us as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre by sending us an email via our Contact Us page and a representative will be happy to assist you.

The following definitions are used in these Terms and Conditions.

Business Days means a weekday in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third-party delivery or shipping company for Replay.

Returns Policy means the Replay Returns Policy section found on the Website.

Gift Cards means an electronic gift card through the acquisition of which you or a recipient may make non-cash payments for goods from Replay.

Goods means the items offered for sale, described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Replay in accordance with these Terms and Conditions.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).

Privacy Policy means the Replay Privacy Policy found on the Website.

Returns Policy means the Replay Delivery & Returns section found on the Website

Terms and Conditions means these terms and conditions, as amended from time to time.

Website means https://www.replayjeans.com.au/.

Website Terms of Use means the Terms and Conditions for the Use of this Website found on the Website, in addition to these terms and conditions.

We or Us or Our or Replay means Brand Collective Pty Ltd (ABN: 81 652 292 325).

You or Your means you as the purchaser of Goods from Replay pursuant to these Terms and Conditions.

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.

2.2 Each Order you submit will be a separate and binding agreement between you and Replay with respect to the supply of Goods, in accordance with these Terms and Conditions.

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.

3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.

3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Replay will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.

3.5. You agree to obtain consent from the recipient of a gift when providing their personal details to Replay.

3.6. You may Order from Replay if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.7. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Delivery & Returns Policy

3.8. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $2,000 (ex GST).

3.9. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.

4.1 Replay reserve the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it represents an agreement by replay to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Replay will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Replay is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.

5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Replay will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Replay is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Replay will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Replay will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Delivery & Returns Policy.

• You acknowledge and agree that:

1. all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
2. you have read any corresponding written description of the Goods prior to submitting your Order;
3. the colour of Goods as shown on the Website may vary slightly in shade in real life;
4. where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
5. any accessory featured with the Goods is for illustration purposes only.
6. Price and Payment

• The Price in respect of a Good is specified on the Website.

6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

6.3 Replay reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).

• In respect of any Order, we will charge you and you agree to pay:

1. the Price (which is the Price at the time the Order is submitted); and
2. the Delivery Fee (if any).

6.5 You can pay for your Goods by any of the methods specified on the electronic order form on the Website, which include but are not limited to credit card, V.me by Visa or Pay Pal. When paying by credit card, you authorise Replay to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Replay before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card or use an alternative payment method in order to continue with your Order.

6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.

6.9 Replay uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

7.1 Replay uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2 You should refer to the Delivery & Returns section of the website for the applicable Delivery Fee for the Goods

7.3 Indicative delivery time frames are set out in the Delivery & Returns section of the Website.

• You acknowledge and agree that notwithstanding anything else stated on the Website:

1. Replay cannot guarantee that delivery will occur in the stated delivery time frames;
2. delivery time frames may change from time to time due to unforeseen circumstances; and
3. except where required by applicable law, Replay is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.

7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

7.7 Where you do not collect your Goods from the Australia Post office within 10 working days of a failed delivery, you must contact our Customer Service Centre via email at info@replayjeans.com.au for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable through email via the Contact Us section of this website. If the Goods are not as ordered, you may return the Goods to us in accordance with the Delivery & Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Delivery & Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Delivery & Returns due to being faulty, damaged, or incorrect will be delivered to you free of charge.

Lost and Stolen Parcels

Outbound – From our warehouse to you

7.9 In the event the Goods have been shipped from Replay’s warehouse but are lost by the Delivery Agent before being delivered to you (and the Delivery Agent cannot provide a proof of delivery to you), Replay will offer you a replacement, refund or credit if the Goods are unavailable. If the Goods have been shipped from Replay’s warehouse and signed for by you (and the Delivery Agent can provide a proof of delivery to you), Replay is not obliged to offer you a replacement, refund or credit.

Inbound – Return from you to our warehouse

7.10 It is the customer’s responsibility to purchase registered post for shipping back to us. Replay will not take responsibility for returned items not received if registered post has not been used.

Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Delivery & Returns Policy.

9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Delivery & Returns Policy or otherwise as provided by Law. The Delivery & Returns Policy forms a part of these Terms and Conditions. Replay’s goods 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Replay is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Replay is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

10.1 You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at replay. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Replay. Any Code is non-transferable and may not be used in conjunction with any other offer.

10.2 New Member offer: Receive $50 off your first pair of jeans in store or online. Full price styles only. Not valid in conjunction with any other offer. Valid for 30 days from receiving this offer. Must be signed in for online redemption. For instore redemption, please bring proof of email into store. For single transaction only. For one time use only. Only one per customer.

10.3 Birthday Member Reward: Receive $50 off your next purchase in store or online. Minimum spend of $150. Not valid in conjunction with any other offer. Valid for 30 days during the month of your birthday. For instore redemption, please bring proof of your birthday reward email into store. For a single transaction only. For one time use only. Only one per customer.

11.1 Additional terms and conditions with respect to the use of Gift Cards may be set out on our Website.

11.2 Gift Cards are treated like cash. If your redemption code is lost or stolen this will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash.

11.3 Gift Cards expire three years from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.

11.4 Gift Cards are to be used for the purchase of goods on Replay. A limit of $500 per gift card and gift cards totalling no more than $2,000 per Order applies.

Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with Replay Privacy Policy.

The Replay’s Website Terms of Use form a part of these Terms and Conditions.

You represent and warrant to Replay that:

1. all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Replay;
2. any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
3. you are over the age of 17;
4. in placing your Order, you have read and agree to these Terms and Conditions; and
5. in placing your Order, you have complied with all Laws.
6. Replays’s liability to you

15.1 Subject to any rights you have under any consumer protection law including the Australian Consumer Law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.

15.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Replay excludes all implied terms and warranties relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded. As noted above at 9.2, Replay's goods come with certain statutory consumer guarantees that cannot be excluded under the Australian Consumer Law.

15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

16. Termination

16.1 replay reserves the right to, at their discretion, terminate your access to and use of the Website:

1. for convenience, at any time, upon provision of notice to you;
2. Immediately:
3. if Replay reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
4. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
5. General

17.1 Replay reserves the right at all times to make changes to these Terms and Conditions without providing notice to you. Any variations to these Terms and Conditions will take effect from posting on the Website, and by continuing to use the site you agree to be bound by the revised terms. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Replay with respect to that Order.

17.2 Replay may give notice to you by electronic mail. You may give notice to replay by electronic mail to our Customer Service Centre via the Contact section of this website.

17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

17.4 A failure or delay by Replay to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Replay does not preclude its future exercise or the exercise of any power or right.

17.5 The laws of Victoria, Australia governs this agreement. Your transaction is deemed to have taken place in Richmond, Victoria.

Brand Collective Pty Ltd (ACN 098 742 628)

Latest Revision: 21 October 2022

Terms and Conditions for the use of this Website

These terms and conditions govern the use of https://www.replayjeans.com.au/ ("this website") and, in conjunction with our Terms and Conditions for the Sale of Goods found on the Website, the purchase of any goods from it.

Acknowledgment and Acceptance

By accessing, using or browsing this website, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you.

Copyright and Trade Marks

Copyright in this website and its content is owned or licensed by Brand Collective Pty Ltd (ACN 098 742 628)

 (“Replay”). You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other applicable laws, any other use, including any commercial use of the content of this site, is strictly prohibited.

This website also contains registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

Disclaimer

The information contained on this website is provided by Replay in good faith. To the best of Replay’s knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.

Replay and its related bodies corporate, and their directors, officers, employees, or agents (“Replay Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

Limitation of Liability

Subject to any non-excludable liability implied by legislation, any liability of Replay or Replay’s Associates in connection with goods or services supplied to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, will, at the election of Replay, be limited to:

• In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
• In relation to services, the supply of the services again or the payment of the cost of having the services supplied again
• Subject to non-excludable liability (including under Australian Consumer Llaw), in all other respects, Replay will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this website.

Virus Warning

All care is taken to ensure that this website and data transmissions are free from viruses. However, Replay cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. it is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Replay entirely of all responsibility for any consequences of its use.

Use of Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive.

We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of this website.

Third Party Sites

This site may contain links to third party sites. Replay is not responsible for the condition or content of those sites as they are not under Replay’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Replay of the sites or the products or services provided on the site.

Replay do not permit any linkages to this site without prior permission.

Applicable Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and any Courts which may hear appeals from those Courts.

This site may be accessed from Australia or overseas. Replay make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

User Submissions

By accessing, browsing, using, registering or contributing to the Replay’s website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.

Ownership of Submissions

Other than personal data, which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Replay on or through the website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Replay once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Social Networking Sites

These terms also govern any submissions you make on any Replay related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of Replay or its employees and Replay is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these terms and the third-party social networking sites terms of use, as applicable.

Intellectual Property Rights

A disclosure, submission or offer of any submissions and your agreement to these terms and conditions shall constitute an assignment to Replay of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Replay related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Replay pages of third-party social networking sites is not the responsibility of, or endorsed by, Replay. All rights, including copyright on Replay pages are owned by or licensed to Replay. Any use of any Replay social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Replay. All worldwide rights reserved.

Confidentiality

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Replay related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.

Rules for Submissions

1. Please be polite and only write in English.
2. You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.
3. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
4. Submissions should not include:
5. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others.
6. comments about other reviewers or bloggers.
7. remarks that repeat criminal accusations, false, defamatory or misleading statements.
8. material which impersonates others.
9. spam or advertising, third party brand names or trademarks.
10. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers.
11. HTML code, computer script or website URLs.
12. availability, price or alternative ordering or delivery information.
13. information about Replay’s suppliers or manufacturers.
14. Replay, in its absolute discretion, reserve the right to:
15. not publish the Submission or remove it.
16. take any appropriate action if deemed necessary.
17. remove reviews which relate to seasonal products which are no longer in season.

Please let us know if you see any Submissions which do not comply with our rules.

Brand Collective Pty Ltd (ACN 098 742 628)

Latest Revision: 21 October 2022

Replay Privacy Policy

This is the Privacy Policy of Brand Collective Pty Ltd (ACN 098 742 628) (Brand Collective). Replay is a division of Brand Collective. In addition to Replay, our brands and brand partners include Shoes & Sox, Black Pepper, Breakaway, Clarks, Clarks Originals, Designworks, Elka Collective, Elwood, Everlast, Fiorelli, Grosby, Replay, Iconix, Julius Marlow, Lonsdale, Marco Polo, Mooks, Mossimo, Reebok, Review, Shoe Warehouse, Slazenger, Superdry, Umbro, Volley, Yarra Trail and Zoo York (our brands).

OUR COMMITMENT TO PRIVACY Your privacy is very important to us and we will always act to protect your personal information. We take this responsibility seriously and are very careful about how and when your personal information is collected, used and shared. This statement outlines what our commitment is, why we need to collect personal information, who we may share that personal information with and how you may request access to and correction of the personal information that we hold. This statement relates to personal information we collect through the Website.

WHAT WE COLLECT The type of personal information we collect is dependent on the type of service or interaction you wish to receive. Personal information we collect may include: your name, address, phone and other contact details (fax, email etc), date of birth, gender, merchandise information (purchases, orders etc), method of payment. Sometimes we will also collect other personal information, such as where you shop or what your interests are, so that we can improve our service and product offering to you. You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information, products, or services. We do not store your credit card details in any way; they are secured by 128-bit SSL encryption and transmitted directly by you to our payment processing provider.

HOW WE COLLECT IT The personal information we collect is generally supplied directly by you through our Website, which may involve location tracking. For example, the details you provide us when you place an order, open an account, subscribe to our emails, join a mailing list, enter a competition, submit an enquiry, or provide feedback to us. There are also certain situations in which we may collect personal information about you from someone else. For example, we may collect information from third parties including public sources, our related companies, your organisation, your representatives and information service providers.

We also receive and store certain types of information through the use of `Cookies`, when you interact with Shoes and Sox via the Internet. Cookies are alphanumeric identifiers that are placed on your computer`s hard drive through your web browser. Most Internet browsers are pre-set to accept cookies. Cookies help keep track of items you put in your shopping cart, including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages via SMS. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. We recommend that you leave your cookies enabled as they allow our systems to recognise your browser and provide quicker and easier use of our Website.

WHY WE COLLECT IT We collect personal information for a number of reasons, including to: deliver, administer and improve the products and services that we offer you, complete other transactions with you or on your behalf, protect against fraud or theft, provide offers and promotions that we consider may be of interest or benefit to you (including via SMS, email and any other communication medium used or developed in the future), conduct market research, work with our related companies and service providers, maintain and update our records, protect and uphold the rights, property and safety of us, our customers and others, facilitate acquisitions and potential acquisitions of our business and assets and generally provide you with a premium customer experience.

WHO WE SHARE YOUR INFORMATION WITH AND DISCLOSE YOUR INFORMATION TO We may share your information with Brand Collective brand partners including Shoes & Sox Pty Ltd (ACN 003 269 752) The PAS Group Pty Ltd (ACN 169 477 463), Pasco Operations Pty Ltd (ACN 112 078 547), PAS International Brands Pty Ltd, Designworks International Pty Ltd (ACN 644 545 193), Yarra Trail International Pty Ltd (ACN 644 546 449), Black Pepper Brands Pty Ltd (ACN 112 065 559) and Review Australia Pty Ltd (ACN 112 295 836) for the purpose of communicating with you to promote our brands. In addition, you authorise us to disclose information about you with:

• any consultant providing services to us for any of our brands (Consultant) for the purposes of:
• providing marketing information to you about products and services offered by our brands
• monitoring the quality and standard of service provided to you or other consumers of our brands or by the Consultant.

Examples of third parties who perform part of our service delivery or provide other support services to us and who we may need to disclose your personal details (e.g. name and address) to, include:

• Timetrade booking/queuing system providers
• organisations that assist us with postal (e.g. Australia Post), delivery companies, mail houses, third party fulfilment contractors, data processing and analysis, research, mail, promotional, customer contact, technology, banking, payment, debt collection and maintenance services.

Such third parties would only get limited access to your personal information to complete their tasks.

We may otherwise use or disclose your personal information with your consent (or if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure) or where required or authorised by law, which may include emergency situations and assisting law enforcement agencies. The above excludes text messaging originator opt-in data and consent: this information will not be shared with any third parties. Third parties to whom we disclose personal information may be located in Australia, New Zealand, United States of America, United Kingdom, Hong Kong, Philippines. Unless an exception applies in the Privacy Act 1998 (Cth), prior to disclosing personal information to overseas recipients, we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the Australian Privacy Principles.

THIRD PARTY SITES This Website may contain links to other websites operated by third parties (such as YouTube). Be aware that this privacy statement only applies to the personal information that we collect through this Website. We are not responsible for the collection, storage or usage of personal information at any such third-party websites and you should review the privacy policy of any Website you visit.

USE OF THIS WEBSITE OUTSIDE AUSTRALIA We welcome visitors from outside Australia. However, this is an Australian based website and this privacy statement governs the personal information collected at this Website irrespective of where you may be located when you visit the Website and interact with it. This means your personal information may be stored outside the country in which you are located and any government authorities which have jurisdiction over the Website may be entitled to access any personal information provided.

CHILDREN We will not knowingly collect information from any unsupervised person under the age of 18. If you are under 18 years of age you must not submit any personal information to us unless you have the consent of, and are being supervised by, a parent or legal guardian.

FURTHER INFORMATION If you have any questions or feedback about privacy, please contact our Privacy Officer at privacy@brandcollective.com.au or call (+61 3 9681 9681. For information about privacy generally, or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.

When visiting the Replay website, third parties may place cookies on your browser for targeted advertising purposes. To opt out of targeted advertising, some available third-party opt-out tools include: the Digital Advertising Alliance, the Network Advertising Initiative, and the European Interactive Digital Advertising Alliance (Europe only). On ads served to you, click the logo of the provider (e.g.: AdChoices) positioned with the ad to learn more about interest-based advertising, who served the ad, and manage your ad options. You can also opt out of seeing personalised ads using the NAI opt out tool below:

Digital Advertising Alliance

Network Advertising Initiative

European Interactive Digital Advertising Alliance (Europe only)

NAI Opt Out

Brand Collective Pty Ltd (ACN 098 742 628)

Latest Revision: 21 October 2022

Replay Returns and Refund Policy

Replay is confident that you will be happy with your purchase. If for any reason this is not the case, we offer FREE RETURNS for items over $60 within 28 days of the order date. Replay will not take responsibility for returned items not received if registered post is not used.

We have 4 conditions of return for change of mind, item(s) must be returned:

• Within 28 days of the order date
• Item must be unworn with the original tags still attached - we are unable to accept shoes with dirty marks or damaged soles
• Items must be returned in the original shoe box which must be in the original condition.
• Postage is non-refundable

Replay reserves the right to refuse the return if these conditions are not adhered to.

This returns and refund policy is in addition to, and not instead of, your rights under the Australian Consumer Law. See “Australian Consumer Law” section below.

HOW CAN I REQUEST A RETURN OR REFUND?

We provide an easy-to-use returns system for you to request your return! You only require two pieces of information to request your return:

• Order ID # ^{(can be found in your confirmation email)}
• Email address used to place the original order

Click the button below to view our return policy

RETURN POLICY

AFTERPAY RETURNS

You are more than welcome to return your Afterpay order online or in store for a refund provided it meets with our Returns Conditions above. Your Afterpay balance will be reduced to reflect the new order total once the refund has been processed, refunds can take up to 5 business days once processed. We are unable to exchange any Afterpay orders online or in store.

EXCHANGE

Unfortunately, we are not able to offer exchanges for online purchases through our Returns Centre. You are however able to exchange or return a product in any of our Replay retail stores.

If you are unable to access one of our stores, you will need to contact us here so we can assist you in organising a return and refund.

We recommend you call ahead to avoid disappointment, please use the Store Locator to contact your preferred Replay store.

Please note, items purchased online at https://www.replayjeans.com.au/ can only be exchanged at a Replay branded retail store and cannot be returned to an independent stockist.

Please note you are unable to exchange any items instore if you have purchased with Afterpay and will need to either return for a refund instore or contact us here so we can assist you in organising a return and refund.

Proof of Purchase will be required for all refunds & exchanges and must be refunded to the original payment method, other than where the goods fail to comply with the guarantees under the Australian Consumer Law. If your item(s) were purchased with PayPal you will be required to show your PayPal proof of purchase.

FAULTY AND DEFECTIVE ITEMS – YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW *

Replay takes extreme care in ensuring our goods are of the highest quality.

Our goods 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Information about the Australian Consumer Law is available here

If you believe you have received an item that fails to meet a consumer guarantee under the Australian Consumer Law or there has been an error with your shipping, please contact us here. Naturally, in such circumstances, we will pay for the return delivery of the item.

OUTLET RETURNS

All sales are final on styles purchased from the Outlet. No change of mind refunds or exchanges are permitted on Outlet styles, unless style fails to comply with any guarantees under the Australian Consumer Law. Please see Faulty Items policy, above.

HOW LONG WILL IT TAKE TO RECEIVE A REFUND?

Refunds will automatically be processed back onto the credit card or PayPal account used to make the original purchase once we have received your items. Please allow up to 5 working days for your refund to be processed. Please keep in mind your financial institute can take an extra few days to return the funds to your account.

CAN I RETURN MY PURCHASE IN A RETAIL STORE? 

Yes, for change of mind, you are able to return any unworn items to a Replay retail store within 28 days of your order date. 

Please make sure the shoes are unworn and unused with the original tags still attached - we are unable to accept shoes with dirty marks or damaged soles for change of mind. We recommend you call ahead to avoid disappointment, please use the Store Locator to contact your preferred Replay store.

Proof of Purchase will be required for all exchanges or refunds, other than where the goods fail to comply with the guarantees under the Australian Consumer Law. This can be in the form of a confirmation email or bank statement. Items purchased online at https://www.replayjeans.com.au can only be returned at a Replay branded retail store and cannot be returned to an independent stockist.

If your item(s) were purchased with PayPal, you will be required to show your PayPal proof of purchase. Please note, you are unable to return any items instore if you have purchased with Afterpay and will need to contact us here so we can assist you in organising a return and refund.

These rights are in addition to, and not instead of, your rights under the Australian Consumer Law. See “Australian Consumer Law” section above.

WHAT WILL HAPPEN IF I RETURN AN ITEM PURCHASED WITH A GIFT VOUCHER?

If any product purchased with a Gift Voucher is returned for a refund, the refund amount will be automatically credited to the original Gift Voucher.

WHO GETS REFUNDED IF I RETURN A GIFT?

The refund will be credited to the original card or account used to purchase the gift.

Brand Collective Pty Ltd (ACN 098 742 628)

Latest Revision: 21 October 2022

Take 30% off all denim, apparel and accessories. Offer starts Thursday 17th August and ends Midnight Sunday 20th August. *Offer excludes existing sale items.

*Full priced only. Available online and at Chadstone only.

*Limited time only. Discount automatically applied at checkout. Not in conjunction with any other offer. T&C's apply*.

 *Not valid in conjunction with any other offer. Discount automatically applied at checkout. Offer valid from Thursday 14th September. 

 *New Member offer: Receive $50 off your first pair of jeans in store or online. Full price styles only. Not valid in conjunction with any other offer. Valid for 30 days from receiving this offer. Must be signed in for online redemption. For instore redemption, please bring proof of this email into store. For single transaction only.  For one time use only. Only one per customer.

*Birthday Member Reward: Receive $50 off your next purchase in store or online. Minimum spend of $150. Not valid in conjunction with any other offer. Valid for 30 days during the month of your birthday. For instore redemption, please bring proof of your birthday reward email into store.  For a single transaction only.  For one time use only. Only one per customer.

*To obtain discount two pairs of jeans must be purchased in the same transaction. Discount is applied to item or equal or lesser value. Promotion can not be used in conjunction with the sign up offer. 

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The Promoter is Brand Collective Pty Ltd ABN 34 098 742 628 of Level 2, Building 5, 658 Church Street, Cremorne VIC 3121 Australia (Promoter) and the Promoter has the consent of New Zealand Rugby Commercial LP (Business).

3. If you are an Eligible Person and satisfy all Entry Requirements, subject to these Terms and Conditions, you will be entered into the prize draw to win a prize (see paragraphs 5 and 6 below) (Prize Draw or the Promotion).

4. Entries into the promotion open at 9:00am AEST on 27 July 2023 and close at 4:00pm AEST on 28 June 2022 (Promotional Period).

Eligibility and Entry

5. Entry to the Promotion is only open to individuals who:

- are permanent Victorian Residents, aged 18 and above. For the purposes of these Terms & Conditions, “Victoria Resident” means a person who resides in Victoria at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa but excluding employees (and their Immediate Family) of the Promoter, the Business and their related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)). Immediate Family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin (Eligible Persons); and

- during the Promotional Period, sign up to the Replay database via social media, online or instore.
(collectively, Entry Requirements).

Eligible Applications

6. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Prize Draw. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Prize Draw per Eligible Person. Multiple entries are not permitted.

Prize Draw

7. There will be one (1) draw with two (2) winners drawn.

8. The total prize pool is valued (as at July 2023) is AU$1,494 inc GST and includes three (3) general admission tickets for each winner and their companions to the Bledislow Cup (Wallabies v All Blacks) at the Melbourne Cricket Ground on Saturday 29 July 2023 at 7:45pm.

9. Eligible Persons are not required to be present at the draw to win a prize.

10. The prize does not include travel, food, beverages or any other associated costs.

11. The prize is subject to the event venue and ticket terms and conditions. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

12. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.

13. The draw will be conducted by the Promoter or an authorised representative of the Promoter at 5:00pm AEST, Level 2, Building 5, 658 Church Street, Cremorne VIC 3121 Australia on 28 July 2023 via a random number generator.

14. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The sharing of prizes is not permitted.

15. The prizes are not exchangeable or transferable for cash and all travel expenses including and not limited to flights, accommodation, and other expenses to redeem the prize will be borne by the winners.

16. In the event of war, terrorism, state of emergency, pandemic or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.  

17. If the prize (or part of the prize) is unavailable for reasons outside the Promoter’s reasonable control, the Promoter, after having made reasonable attempts to reach agreement with the winner, but otherwise in its discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal or greater value and/or specification, subject to any written directions from a regulatory authority.

18. The prize will be electronically sent to the winners and the Promoter may be required to provide the winners’ details to the ticket provider of the Bledislow Cup. Any costs associated with redeeming the prize or the costs of attending the game are the sole responsibility of the winner and his or her companions. These costs are not included.

19. The Promoter’s decision is final, and no correspondence will be entered into.  

20. All prizes outlined in the table below will be distributed in accordance with these Terms and Conditions.

21. The winner will be promptly notified in writing via the contact details supplied by the Eligible Person when they enter the Promotion. The winner will be notified within 3 hours after the winners are drawn.

22. If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all State and Territory regulatory authorities and in light of the Bledislow Cup occurring on Saturday 29 July, the entry will be invalidated, and a further entry drawn at the same place as the original draw on 30 July 2023 in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied by the Eligible Person to the Promoter when subscribing to Promoter’s customer database at the Website) within two (2) working days of the draw and the winner’s name may be published on replayjeans.com.au. This will continue until a valid winning entry is drawn.

23. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct, calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.  

24. Incomplete or indecipherable entries will be deemed invalid.  

25. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

General

26. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.

27. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.  

28. As a condition of entering this promotion, each entrant licenses and grants the Promoter and their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.  

29. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for a reasonable period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter in connection with the promotion.

30. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:

a. to disqualify any entrant; or

b. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.  

31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.  

32. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.  

33. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:

c. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

d. any theft, unauthorised access or third-party interference;

e. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

f. any variation in prize value to that stated in these Terms and Conditions;

g. any tax liability incurred by a winner or entrant; or

h. taking of the prize/attendance at the prize event.  

The Promoter collects personal information (PI) in order to conduct the promotion and may, for this purpose, disclose such PI to each other and other third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy available here.

34. In addition to any use that may be outlined in the Privacy Policy identified above, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Australian entrant's PI to any entity outside of Australia in accordance with their respective Privacy Policies.  

35. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.