Reference to “Replay”, “we”, “us” or “our” is a reference to PAS International Pty Ltd.
Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website https://www.replayjeans.com.au/ (“Website”) and the purchase of any product/s.
You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Replay and participating in any Replay forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).
You should be aware that the information on this Website and these Terms are subject to change.
We recommend that you read these Terms each time you access the Website and definitely before you place future orders. The information on this Website and/or these Terms may be different and will apply to your use or order/s.
For clarity, the Terms that are in place at the time you place an order will apply to that order.
Limitation of Liability
Subject to your rights under the Australian Consumer Law, you understand and agree that:
• neither Replay, or its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless Replay has acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise; our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant good or service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
• otherwise, we limit any and all of our liability to AUD$100.For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.
Your Account and Password
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.
Access and Communication
We use reasonable efforts to ensure the integrity of the Website by using virus checking software. However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.
We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.
Products and Purchasing
Replay reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.
Any orders received by Replay through this Website constitute offers and are subject to acceptance or rejection by Replay in its discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you
Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
We do not guarantee the availability of any products advertised on the Website.
We do not offer ‘price matching’ or ‘price protection’ in respect of items appearing on our own Site. For example, if you buy an item that later goes on sale, we do not offer refunds to your original purchase price to discount it to the sale price.
Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.
Replay terms and conditions relating to shipping is set on Replay website at Shipping and Delivery and refunds at Online Returns
Click and Collect
While shopping online, you have the option to select the Click & Collect option that allows you to purchase online and collect from your nominated Replay store. You will need to pick up your items from your nominated store during normal opening hours within seven (7) days of the order being placed.
If the item is displayed as low in stock we strongly recommend that you call the store before placing the order to ensure that the item/s is/are available. You will receive an email confirmation that your order has been processed. We will do our best to avoid inconvenience to you, however please be aware that it is possible that an item may be sold in store at the same time that you are placing your order. If so, it will mean your offer will not be processed and you won’t receive an email confirmation.
Click & Collect orders cannot be modified or changed once the order has been confirmed. You will need to collect the order and then make the relevant change, if allowed under our refund policy.
When collecting your order, please bring a copy of the receipt, invoice, confirmed order or other code provided when or shortly after you made the purchase online. You will also be asked to provide photo identification.
If your order is not collected within the seven (7) day period, we will contact you by email and ask you to collect within 2 business days. If it isn’t collected, we will refund the amount paid and confirm by email.
Please be aware that during major promotions or sales events Click & Collect may not be available.
Loyalty vouchers cannot be redeemed on click and collect orders.
Click & Collect is only available from the stores listed on the Store Locator page that is displayed when you select the Click and Collect option online.
Payment can be made by Visa, MasterCard or American Express (Australian Registered Cards only). Credit Card transactions are processed through the Commonwealth Bank CommWeb Secure Payment Gateway. Your card details are not disclosed to us and are not stored in our database. Please note that delays may occur on large orders while the card is checked for authenticity.
Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.
You acknowledge and agree to the “Disclaimer” at Intellectual Property
Replay grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website.
3rd Party Service Providers
In order to provide the Website and other services to you, we use and need the assistance of a number of 3rd party service providers. As such, the provision of this Website and our services is subject and conditional upon the provision of the various services by 3rd parties. You agree to be bound by the relevant 3rd party service providers terms and conditions of supply. For example and avoidance of doubt, you hereby agree to be bound by Comodo’s SSL Relying Party Agreement (available at: www.comodo.com) so that we may encrypt information you provide when making an order.
User Content Submissions
The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Replay from time to time.
Replay is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.
Replay does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Replay’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
Replay's Licence to use Submitted Material
By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Replay a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Replay for purposes including (without limitation) marketing, research and development of goods and services.
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Replay, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
Replay reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark or other intellectual property right of another; (iv) in violation of any law or regulation; or (v) offensive or otherwise unacceptable to Replay.Prohibited Uses
In using the Website and Services you must not
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;
(d) post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
(e) post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan , worm or other harmful or disruptive component;
(f) not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or
(g) use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;
(h) access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or
(i) attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.
Replay may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.
Consent To Receiving Commercial Electronic Messages
If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.
This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.
Terms and Privacy Overview
Respecting your privacy and the law
PAS International Pty Ltd recognises the privacy concerns of its customers, clients, contacts and the users of our website.
This policy outlines how we manage your personal information and applies to all your dealings with us, on line and otherwise. This policy is subject to Australian privacy law.
Throughout this policy, we refer to your “personal information” which means information or an opinion which identifies you as an individual or from which your identity can be reasonably ascertained. Your name, home address, email address and home telephone number are examples of personal information.
Any reference to “we”, “us” or “our” is a reference to “Replay” and/or any of our related entities, where the context permits
Why we collect personal information
We collect personal information when it is reasonably necessary for a business purpose. This includes:
i) providing you with goods or services and any related information;
ii) to complete transactions with you or on your behalf;
iii) to provide you with offers of interest or benefit to you;
iv) to better understand your requirements, preferences and feedback;
v) to improve what we offer;
vi) purchasing goods or services from you or your employer;
vii) advertising our goods and services to you; and/or;
viii) generating new insights about our business, goods, services and customers.
What we collect
The personal information we collect depends upon what, when, where and why it is collected.
We collect information like your name, contact and/or delivery details, date of birth, occupation, interests, your likes/dislikes, job title, payment details, transaction information and your resume (if you apply for a job).
When we collect
We collect most personal information directly from you. For example, you might fill out a form online or in a store, or provide information to us over the phone.
We also collect personal information during our relationship with you. For example, when you:
i) purchase or pre order goods or services, especially when we arrange delivery;
ii) join or use one of our loyalty or rewards programs;
iii) use our websites or apps;
iv) leave goods for repair, exchange or refund;
v) use our services, for example lay-by;
vi) provide feedback;
vii) join, subscribe or connect to our online communities, accounts and/or other social media providers;
viii) subscribe or consent to receiving information, newsletters and/or direct marketing;
ix) apply for a job with us;
x) contact us, including by calling us; or
xi) offer or provide goods/services to us.
We collect information that is not personal
When you engage with us on line or walk into a store, we may collect general information that will not personally identify you, such as:
i) using cookies;
ii) Internet browser used;
iii) operating system used;
iv) date of visit;
v) time of visit;
vi) path taken through the site or store; and/or
vii) number of visitor to the site or store.
This information provides us with usage data so that we can produce anonymous statistics that we use to analyse and improve our business.
What we collect using cookies
Cookies may be used on our websites. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. These cookies are known as your "Unique Visitor Cookie" and identify your visit only by a random number (e.g. #12489), the name of the domain from where the cookie has come and the “lifetime” of the cookie.
You can accept or decline our cookies by adjusting the "accept cookies" setting on your browser, however this may affect the functionality of our website on your browser. For example, you may not be able to personalise features on our website if you decline our cookies.
What we collect from others
Other people might give us personal information about you. For example, we might be given your personal information by your employer if they do business with us or by your parent/guardian if you are under 18.
We may also collect personal information from other companies that are able to disclose it to us, if it’s not practical to collect it from you. For example, we may obtain your personal information from various trusted sources in social media where you have indicated that you would like to buy our goods or services.
If we have received your personal information from a third party, we will take reasonable steps to make sure you know and consent to us having your personal information.
Using or disclosing information
We will use your personal information to meet the purpose for which it was provided and/or within the permission/consent you provided. We will use your information to provide you with our or third party goods or services, marketing materials (including direct marketing) and for use in planning, development and research.
More specific examples of us using your information include:
i) processing your transaction
ii) processing and considering your job application
iii) addressing any feedback or complaints
iv) answering queries
v) developing and marketing products and services
vi) conducting research about products, services and our business
vii) providing loyalty/reward program information and rewards
viii) providing direct marketing emails/mail updates about our goods/services
If you don’t provide us with your information or consent, then we may not be able to do one or more of the above.
We may also disclose your personal information to protect the integrity of our website, goods or services or as authorised or required by or under law.
Please note that we cannot guarantee the privacy of information that is transmitted over the internet.
Who we share your information with
We may share your information with other members of our group of companies – The PAS Group. The PAS Group includes companies that run other well-known brands including, Review, Black Pepper, Marco Polo, Yarra Trail and Breakaway.
We will often need to pass your personal details (eg name and address) to companies that perform part of our service delivery. For example, Australia Post, delivery companies, mail houses and third party fulfilment contractors. These companies and persons would only get limited access to your personal information to complete their task.
Overseas based service providers and access to personal information
We work with overseas based service providers that help us conduct our business. For example, technical support for our marketing initiatives and they do it from countries like Canada, United Kingdom and the USA. They may have access to systems that include your personal information. Without them, we would not be able to provide you value and/or levels of services that you expect from us.
We take reasonable steps to ensure that any overseas recipient of personal information does not breach the Australian privacy principles.
Access and correction of information
If you would like to access, update, correct or decide that you don’t want us to hold any of your personal information, you may do so by, if applicable, logging on to our website and changing your preferences or details, or by emailing/writing to our Privacy Officer (details provided below).
If you do not want to receive direct marketing communications or any communications from us, then simply “opt out”, “unsubscribe” or change your details at our website.
Otherwise, please write to our Privacy Officer.
Social Media Terms
When you post and/or tag any social media content (including, without limitation, photos, text, graphics, audio, video, location information, comments or any other materials) in relation to Replay on social media sites (such as Instagram or Facebook) ("Social Content"), we may request your permission to use this Social Content in connection with our business. Such use may be in conjunction with our website, electronic media and/or print material.
By accepting our request, you give us and our affiliated companies (including our related body corporates), and it’s or their respective agents, licenses, sub-licenses, contractors and assigns (collectively, "Authorised Entities") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable right to use the Social Content in any form and lawful manner for any commercial purposes including (without limitation) online and offline marketing activities.
By consenting to our request to use your Social Content, you agree to us publishing your name or username associated with that content, and using all or any of your Social Content.
You agree, represent and warrant that:
• You own, or have obtained from third parties, all appropriate rights in your Social Content.
• The Authorised Entities' use of your Social Content will not violate the intellectual, proprietary or other rights of any third party, or any applicable law.
• The Social Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, hateful, offensive or unlawful.
You release the Authorised Entities from any liability relating to its use of your Social Content in accordance with these Social Media Terms. The
If you have any questions regarding these Social Media Terms, please contact: email@example.com
We will take reasonable steps to protect your information from misuse, loss, unauthorised access, modification or disclosure.
Unfortunately, as no on line data transmission is ever completely secure, we cannot guarantee or warrant the security of your personal information.
Links to other sites
You will be able to access external websites by clicking on links provided on our website or marketing initiatives. Those external websites may not be subject to this policy. We do not monitor these sites and are not responsible for their content. We strongly recommend that you contact or review those external websites directly to ascertain their respective privacy standards.
We are not responsible for the content, policies, practices, security or the privacy obligations of any external websites, including the website to which you will be directed if you make a payment to us online.
Contacting our Privacy Officer
If you have any questions or comments about this policy or its implementation, please let us know.
You may contact our Privacy Officer by:
email at: firstname.lastname@example.org;
post at: Privacy Officer, C/- The PAS Group, Building 8, 658 Church Street, Richmond, Victoria 3121; or
phone: (03) 9902 5507.
Please write to our Privacy Officer if you would like to make a complaint about privacy.
We will acknowledge receipt of your complaint and respond within a reasonable time.
Copyright © 2022 PAS International Pty Ltd. All rights reserved.