Terms & Conditions
Welcome to Oh Its Perfect – www.ohitsperfect.com.au.
By using the Oh It’s Perfect’s web site: ohitsperfect.com.au (the “Website”) or establishing an account with OIP (the “Account”), You agree to the terms and conditions laid down below. Oh It’s Perfect (“ OIP” is owned and run by Chek Pty Ltd as trustee for The Chek Trust (ABN: 29 658 831 751).
For the purpose of these terms and conditions, the following DEFINITIONS will apply:
“Buyer” means anyone who is purchasing goods or services through this Website.
“Content” means any material, words, images and goods and services that appear on this Website.
“Store” means a Vendor’s space allocated to sell goods and services through this Website.
“Vendor” means any person (whether individual or entity) that has been accepted as a Vendor to sell goods and services via this Website.
“Us” “Our” ,“We” and “OIP” refers to OIP, owned by Chek Pty Ltd as trustee for The Chek Trust (ABN: 29 658 831 751) and where the context allows, its officers, directors, employees, agents and contractors and its subsidiaries and their officers, employees, agents and contractors.
“You” and “Your” refers to You as the Buyer, Vendor, site user or person using this Website as relevant to the context.
Best efforts are made to maintain the Website so that the use is not interrupted but continuous access to Our Website cannot be guaranteed and as such We offer no warranty that the services would never be interrupted. OIP reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with reasonable notice in the circumstances. In some circumstances, no notice will be provided such as in the case of emergency, fraud or to prevent a breach of the law. To the full extent permitted by law, OIP shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of Our Website. This includes, but is not limited to, discontinuance of products and modification of prices.
Please take some time to read these terms and conditions, applicable to the use of products and services provided on the Website. These terms and conditions are subject to change from time to time with reasonable notice depending on the circumstances. It is strongly recommended that You read updated terms and conditions at all times.
Before You Buy
When You purchase a product via OIP, You are undertaking a transaction directly with the Vendor. You acknowledge that the Vendors on this site are third party persons or businesses and that OIP does not have any connection with Vendors beyond providing an avenue for them to offer products and services for sale on the Website. We have no control over the prices or products’ availability. Vendor offerings and pricing is subject to change without notice to You. Specials and promotions may be limited to stock on hand. We are not responsible for typographical errors on pricing information. Should Your credit card be charged for an unavailable item, OIP will immediately issue a credit to the same PayPal account for the amount charged.
Please contact email@example.com
OIP takes care to monitor the Content on Our Website, but has no liability or obligation with regards to Content, products and prices posted by Vendors. OIP does not take any responsibility for the accuracy or suitability of any information contained in stores, provided by a Vendor or any third party. As a Buyer, You accept that OIP does not take responsibility or liability for the conduct, Content, or behaviour of any Vendor or any third party.
Buyers use the Content, products and services available on this Website at their own risk. Buyers should make individual enquiries to determine if the goods and services are suitable for the intended needs and purposes of use. Buyers must be over 18 years of age to purchase any alcohol, alcohol related or other restricted products or services.
Payments and Transactions
The Buyer agrees to pay the purchase price specified on the Website at the placement of the order. All prices are stated in Australian Dollars and include Australian GST where applicable. The order will not be processed until payment has been received by OIP.
Shipping and other charges will be itemised.
Online payment transactions are handled through third party provider PayPal (www.paypal.com). No credit card data enters Our web server or environment.
Please refer to PayPal Website for additional information regarding their transaction security and fees and charges imposed on credit card transactions.
International buyers not located in Australia must pay any additional charges imposed by government agencies in their country. Vendors are unable to advise buyers on the amount of other taxes that may be applicable and both OIP and Vendors take no responsibility for unforeseen additional shipping costs, taxes, charges, fees etc. that may apply to international buyers.
Shipping and Delivery Policy
Free Shipping: The price of Australia-wide standard-delivery, is included in the price of the item. However, the Vendor may charge extra for shipping of heavy, bulky or large items. Please refer to the shipping information provided by the Vendor for the product before purchasing any item.
Every Vendor offers its own shipping and delivery policy. The Vendor will deliver the purchase to the place of delivery You specify. Buyers take responsibility for providing accurate delivery instructions to Vendors. Please read each Vendor’s shipping and delivery policy carefully before placing Your order. Whilst generally, items are shipped within 2 to 3 business days and standard delivery takes up to 10 working days this can vary greatly between Vendors, depending on location and product. Some Vendors may give Buyer the option to click (i.e. pay now) and collect or pickup the item from the Store. If this option is offered, an icon for ‘click and collect or Pickup’ will be displayed on the Vendor’s page. The Buyer will be notified of the items availability in Store and it will be Buyer’s responsibility to collect the item from the correct address. The Buyer may be requested to produce photo identification documents (e.g. driver’s license, passport etc.) and receipt of purchase at the point of collection as required by the relevant Vendor.
OIP is committed to providing a seamless experience to its users. The Website acts as a platform to match buyers and sellers, OIP does not sell any of its own products or services to Users. OIP thus is not in any way involved in the actual transfer of legal ownership of items between buyers and sellers. OIP has no authority or control over the items advertised, their quality, safety, legality and/or the Vendor’s ability to sell any goods or services or the Buyer’s ability to pay for any goods or services.
In the unlikely event of a dispute or a complaint between a Buyer and Vendor, the team of OIP is here to try and assist to resolve the dispute or complaint, please call Us at (03) 8563 9426 or email at firstname.lastname@example.org
Cancellations, Exchange & Returns Policy
Faulty or damaged items: All Vendors at OIP are contractually obligated to OIP and to You to offer a 14 Day Replacement Warranty on faulty or damaged items. The Buyer is required to report such item to the Vendor and OIP within 14 days of receipt of the goods for a replacement, alternative similar good, repair, or a full refund. In case of disputes please contact email@example.com.
Exchange returns: Vendor discretion applies. Please read Vendor’s Exchange and Returns Policy before making a purchase.
Cancellation or orders: Vendor discretion applies. Please read Vendor’s Exchange and Returns Policy before making a purchase.
Change of mind returns: Vendor discretion applies. Please read Vendor’s Exchange and Returns Policy before make a purchase.
We review the advertisements displayed on OIP before they are posted but it is beyond Our control to guarantee the accuracy of the advertisements. To the full extent permitted by law, We do not accept liability for the listings breaking any applicable law. OIP is not responsible for the truthfulness, quality or reliability of the product or services offered within any advertisement. OIP would never knowingly run an advertisement that is misleading, offensive, untrue or fraudulent. OIP does not accept responsibility for errors, omissions or for any consequences arising when visiting third party websites when following an advertising link.
Party Submissions (User Submissions)
The users of OIP are welcome to become contributors and submit Content for publishing on the Website by using “Submit a Party” icon on OIP. Contributor’s submissions undergo strict scrutiny and the selection is at the sole discretion of OIP team and there are no guarantees that Your submission will be selected for publishing. “Your submission or Content” means any audio, video, text, images or other material You choose to submit to be displayed on OIP. By submitting Your Content, You the Contributor, grant OIP a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your submitted Content must be Your own and must not be infringing on any third party’s rights. OIP reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
Vendors – Retailers
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of Victoria. By using this Website, You submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums. Each order or transaction will be governed by the terms and conditions in force upon the date of that transaction.
OIP doesn’t represent itself to be affiliated with any of the Vendors, sellers, manufacturers or distributors of the products for sale on Our Website.
Every effort is made to render colours and textures of your products accurately on the Website. However, due to the constraints of digital reproduction on various web browsers and personal monitor settings, We cannot guarantee true colour. Some of the merchandise is hand painted and hence each individual product would vary slightly in color. OIP accepts no liability for errors or the consequence of such errors.
Vendors are only accepted after their application has been approved by OIP. Approved Vendors have 30 business days in which to set up their online Store.
OIP reserves the right to cancel the Vendor agreement at any time without prior notice.
Australia-wide standard delivery is to be included in the price of the product. Vendors may apply extra shipping charges for heavier, larger or bulkier items.
Shipping costs have to be added Ex-GST in the system at the time of adding a product. If shipping cost has been added, it has to mentioned clearly Inclusive of GST under product description.
Payments and Charges
All Buyer payments will be processed by OIP. OIP will charge a commission of 12% commission and 3% payment processing and transaction fee (note – all payments are processed through PayPal) – a total of 15%, of the sale item price on each sale at the checkout. The remaining 85% of the item’s sale price at checkout is transferred to the Vendors’ PayPal account. Vendor is responsible to nominate its PayPal account under its Store Settings on the Website. Extra charges may be applied by PayPal to Vendors for accepting funds in their PayPal account. OIP is not responsible of any such fees (please refer to paypal.com.au for their fees, charges and terms). All payments will be transferred electronically at the time of transaction through PayPal. OIP will maintain a record of all the payments made to Vendors. OIP is not liable for any delays and lost payments arising due to problems with PayPal, banking systems or any other issues beyond OIP’s control.
OIP retains the right to revise its fees and charges including but not limited to including setup costs and usage charges for Vendors at any time with reasonable notice in the circumstances.
Vendors agree to abide by the following conditions:
- Vendors must provide genuine, accurate, truthful information about products and services advertised on this Website.
- Vendors will keep information and contact details updated and relevant, failure to do so will result in the removal of the Store.
- Vendors will only post images that are owned or licenced, third party images are not permitted unless written consent allowing use of the image is provided. Published images must comply with copyright law.
- Vendors will abide by Australian Consumer Law pertaining to the sale of goods and services and ensure they are familiar with relevant and applicable consumer laws including their rights and responsibilities as a Vendor.
- Vendors will provide good standards of product supply, delivery and customer service and respond to customers in a timely and professional manner. Failure to do so may result in removal of the Store from this Website.
- Vendors will abide by the shipping, refund, return and exchange policies of this Website.
- Vendors agree that We provide an avenue to sell products, but are not responsible nor liable for sales, publicity or other marketing opportunities. Any such marketing opportunities that arise will be subject to Our discretion, including the selection of stores to be included.
- Vendors accept that any sale made through OIP represents a contractual relationship with the Buyer, and any disputes should be dealt with between the Buyer and the Vendor. Vendors may contact OIP to resolve issues only when liaison with buyers has failed to resolve the dispute.
- Vendors agree that OIP has the authority to remove any Content that We determine is unlawful, offensive, defamatory, obscene or objectionable or violates a third party’s intellectual property rights.
- Vendors authorise OIP to use, reuse and grant others the right to use and reuse Content in any form of media for marketing, advertising or other purposes.
- Vendors must have a minimum of four items for sale in a Store.
- Vendors will ensure that all information and Content displayed on their Store is up to date at all times.
- Vendors agree to honour all orders and sales once orders have been completed, including honouring advertised prices.
- Vendors must clearly state purchase prices, and must indicate what is not included in the purchase when images of the product are displayed. For example when accessories are pictured alongside the advertised product in images, Vendors must clarify which items are included and excluded in the sale price.
- Vendors must include any credit card surcharges in the quoted prices, and clearly state any surcharges in the advertised price of goods and services.
- Vendors acknowledge that We are not liable for any direct, indirect or consequential loss or damage which may result from Your participation with this Website.
- OIP offers a standard 14 DAY REPLACEMENT WARRANTY, from the date the item is received. By signing up as a Vendor with OIP, You agree to exchange, replace, refund any faulty products received by the buyers.
- Vendors are legally responsible for any Content placed by them on this Website and indemnify OIP and keep Us fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly from Your involvement with this Website.
- Vendors will indemnify Us from any claims or legal action that buyers may take as a result of their action, or inaction, contents, products or Store.
Cancellation of Customer Orders and Refunds
The Vendor may cancel an order if the Vendor suspects that the Buyer is acting fraudulently, or is otherwise in breach of these terms.
As much as possible, the Vendor will avoid pricing errors and factual inaccuracies in descriptions of products and services, however if an error does occur, the Vendor may cancel an order. The Vendor is responsible for providing a refund and an explanation to the Buyer in this circumstance.
If a product is unavailable for any reason, Vendors will inform the customer and update their listing on the Website as soon as possible. Vendors may experience unforeseen demand which results in stock selling out. Vendors will contact buyers and offer the option of waiting until the product is back in stock or obtaining a full refund.
Vendors reserve the right to refuse orders of commercial quantities.
If the product is not faulty and is as described at the time of sale, vendor reserves the right to refuse cancellation of the order or any request for a refund. It is vendor’s responsibility to state clearly its Returns and Exchange Policy on its store.
Refunds to Customers: In case a refund is requested due to the product being faulty, the vendor is responsible to reimburse the full amount of the item’s sale price including shippings costs (if any) to the customer on receipt of the item by the customer. In case a refund is offered for any other reason, the vendor may remit the full sale price of the item excluding shipping costs (if any).
In case a refund is actioned, OIP will remit to the Vendor 12% commission (12% of the item sale price) charged at the time of the purchase. The 3% payment processing and transaction fee and shipping charges (if any) will NOT be reimbursed.
Vendors are required to submit an application to firstname.lastname@example.org with a proof of actioned refund to reclaim the aforementioned refund from OIP.
Closing Vendor Store
Store closure requests are required to be made in writing by providing at least 30-day notice to OIP at email@example.com.
The Vendor is bound to clear all the outstanding transactions, dispatch all deliveries and/or fulfil all service obligations for orders and monies already received and resolve all Buyer enquires before closing the Store. A notice of Store’s impending closure with the closure date will clearly be placed on Vendor’s Store page on OIP Website within 2 business days of receiving the closure request by the Vendor.
Advertisements are placed on OIP as received by the advertiser and OIP is not responsible or liable for sales, publicity or other marketing opportunities. Every effort is made to render colors and textures accurately. However, due to the constraints of digital reproduction on various web browsers and personal monitor settings, We cannot guarantee true color. Some of the merchandise is hand painted and hence each individual product would vary slightly in color. OIP accepts no liability for errors or the consequence of such errors. Advertisers accept full responsibility for the Content of their advertisement and guarantee that they are the copyright owner or have the permission of the owner for the use of the material submitted, and agree to indemnify OIP against any claim or proceeding arising from the publication of such advertisement. When submitting advertisement on OIP the Advertiser agrees not to violate any laws or use indecent, abusive, defamatory language/material. If the advertisement is found to be misleading or false or infringing any third-party rights, it’ll be immediately removed from the Website. It is the user’s responsibility that the advertisement is free from any viruses, Trojans or other code which may breach the safety of Provision of material for publication will be deemed to constitute acceptance by the advertiser of these conditions.
This Website and all its Content is subject to copyright and other intellectual property rights. We retain all rights, titles, and interests in relation to this Website and all related Content. Permission to reproduce this Content in whole or in part for any reason is not permitted, unless prior written consent is obtained from Us. We may revoke permission to use this Website at any time and suspend or deny access to all or any portion of this Website without notice. OIP expressly reserves all copyright and trademark in Our Website and in all documents and information on Our Website and reserves the right to take action against You if You breach any of these terms.
Copyright owners: OIP is committed to give credit to the rightful copyright owners of the Content used on the Website and its blog posts. However if someone believes that the credit due has not been given, please contact firstname.lastname@example.org and the matter will be investigated and resolved expeditiously.
Privacy & Security
The privacy of Our clients is of utmost importance to The Chek Trust and OIP. We are committed to protecting Your privacy. We will not use information collected about You other than for the purpose for which it has been provided. We will never disclose Your information without Your consent unless required or authorized by law.
Users and Vendors of OIP Website must not disclose to any other person any user name or password given. Users and Vendors are responsible for protecting user names and passwords, and for notifying OIP in case of improper use, or security breach in which case a new username and password will be issued to You.
In using this Website, You must not:
- Provide inaccurate or incomplete information.
- Violate any laws or use this Website for any unlawful purpose.
- Distribute viruses or other software or programs that may damage the operation of this Website.
- Collect or Store personal data about other users of this Website.
- Engage in conduct which inhibits any other person from using or enjoying this Website.
The Chek Trust, OIP and its employees, contractors, officers and agents will not be liable for any loss or damage arising from use of the OIP Website, or any related Website. Further, whilst every effort will be made to ensure that information on the Website is accurate and correct, no warranty or guarantee is given by OIP as to the accuracy of such information, and no liability will be accepted for loss or damage arising out of the use of such information. Links to third-party websites on this site may be provided solely to enhance Your experience and convenience. If You use these links, You are leaving this Web site. OIP does not review all of these third-party sites and does not control and is neither responsible for any of their Content, materials or services. Please contact Us if You have any queries or concerns related to Your privacy and OIP Website.
This agreement and this Website is subject to the laws of Victoria and Australia. If there is a dispute between You and OIP that results in litigation, You must submit to the jurisdiction of the courts of Victoria.