Terms of service
This website (Site) is operated by Ovl Collection Inc. (we, our or us). It is available at: www.ovlcollection.com and may be available through other addresses or channels, including our social media channels on Instagram and Facebook. Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site, without notice. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. Content includes product details and pricing. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
• anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual's consent) or any other legal rights
• using our Site to defame, harass, threaten, menace or offend any person
• interfering with any user using our Site
• tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
• using our Site to send unsolicited email messages
• facilitating or assisting a third party to do any of the above acts
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site and all Goods purchased under these terms are intended for your personal, non-commercial use only and are not to be resold. You must not use our Site, our Goods, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Contract: No contract will exist between you and us for the sale of any product unless and until we have accepted your order with an order confirmation email, and full payment is taken from your credit/debit card or other payment method. We reserve your right not to accept your order in the event that we are unable to obtain authorization for payment, if shipping restrictions apply to any item(s), if the item(s) ordered do not meet our quality control standards and is withdrawn, out of stock, or if there is an error in pricing or content. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at anytime at our sole discretion. We will not be liable for any indirect or consequential loss, damage or expenses arising from not accepting your order and we shall have no liability to you, by way of compensation, other than to refund the amount paid for the Goods in question.
Payment: The prices payable for ordered Goods are as set out in our website in AUD (Australian Dollars) or USD (US Dollars). Australian prices are inclusive of GST. Delivery charges will be clearly displayed when selected and included in the total cost. By purchasing on this site you confirm that the payment method that is being used is yours or that you have been specifically authorised by the owner of the payment method (e.g. Paypal account or credit/debit card) to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be liable for any delay or non-delivery. All credit/debit card transactions on this site are processed using Shopify’s payment gateway, which is a secure online payment gateway which encrypts your card details in a secure host environment.
Order cancellation: Unless you cancel your order prior to the dispatch of your order, your order is deemed to have been accepted by us and will be fulfilled. Once your order has been dispatched, no cancellations will be applicable. To cancel your order you must notify us of your decision by email using the subject heading ‘Cancellation of Order’ and supply your order number and address.
Defective and damaged items: All parcels must immediately be opened in the presence of the courier or post office representative upon receipt of the Goods, to verify that the Goods are contained in the parcel are untampered with and undamaged. You acknowledge that if you fail to do this and subsequently find the Goods are not contained therein, or have been damaged during delivery, we may not be able to claim against the courier or against our insurers. Accordingly, if you do fail to do this, you agree that you will be solely liable for any such loss or damage and shall waive, release and indemnify us from and against any claims relating thereto, to the fullest extent permitted by applicable law.
If you should receive an item that is defective, damaged or not what you ordered, please contact us within 24 hours. We will help you resolve any issues as quickly as possible by replacing the item, once the faulty item has been returned to us by post. We will confirm the return address in writing, once you have contacted us about the fault.
Allergic reactions to our jewellery: We have taken all reasonable efforts to produce jewellery that is made from high quality stainless steel and that is hypoallergenic, nickel and lead free. However, our products are made in factories which make other types of jewellery and we cannot guarantee cross-contamination has not occurred. Some people may still have allergic reactions based on factors outside our control, including but not limited to contact metal allergies. We make no guarantees or warranties about reactions with our jewellery and in the event you have an allergic reaction, you agree to discontinue use of our jewellery immediately. You further indemnify The Ovl Collection and 1350436 B.C. Ltd from any. allergic reaction, injury, loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Goods.
Shipping: Please refer to our shipping policy.
Returns: In the unlikely event that you are unhappy with your order, please refer to our returns policy.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content and all of the product designs of our Goods. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
• copy or use, in whole or in part, any Content or the design of our Goods
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
• breach any intellectual property rights connected with our Site or the Content or our Goods, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, copying the design of our Goods in any way or creating derivative works from the Content or the Goods.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
• you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms)
• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
• they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
• access will be uninterrupted, error-free or free from viruses
• our Site will be secure
You read, use and act on our Site, the Content and purchase our Goods at your own risk.
We make no representation whatsoever and give no guarantees against latent or patent defects in respect of our Goods, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded. We shall not incur any liability of whatever nature arising in contract or otherwise from any injury, loss or damage to any person or property arising from the use of our Goods. Upon purchasing our Goods, you shall ensure you take all care and responsibility for how the goods are handled, stored, used, worn or otherwise dealt with. No action or claim of whatever nature shall lie against us arising out of or in connection with any defects in, or unsuitability of, any products.
Canadian Consumer Law: You are entitled to your rights under the Canadian Consumer Law, which provides consumers with certain rights and protections that cannot be excluded, restricted or modified by these Terms. Please refer to the Canadian Consumer Law to understand those rights.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or our Goods and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of British Columbia, Canada. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in British Columbia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Canada and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Canada. If you access our Site from outside Canada, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
Mobile Message Service Terms and Conditions:
The Ovl Collection mobile message service (the "Service") is operated by Ovl Collection Inc. (“The Ovl Collection”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialling system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service may provide updates, alerts, and information (e.g., order updates, account alerts, promotions, specials, and other marketing offers (e.g., cart reminders)] from The Ovl Collection via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Click the unsubscribe link in any text message to cancel at any time or follow any other instructions provided in any text message to unsubscribe.] You'll receive a one-time opt-out confirmation text message. If you have subscribed to other The Ovl Collection mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
For any questions and notices, please contact us at:
The Ovl Collection