Terms and Conditions

Last updated 19/07/2023

Overview

This Site, and the content published on www.oroton.com (“Site”) is owned by OrotonGroup (Australia) Pty Limited A.C.N. 000 704 129 trading as Oroton ("Oroton"). You must not access, browse, or use this Site unless you agree to be bound by the Terms and Conditions (“Terms”) set out below. If you do not agree to these Terms, you must not use this Site. For an explanation of the practices and policies of Oroton relating to the collection, use, and storage of information of users of this Site, you should refer to the Privacy Policy and Disclosure Statement of Oroton which can be found on this Site.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site constitutes acceptance of those changes.

Information and Liability

You acknowledge that Oroton is not liable or responsible for any errors or omissions in the content of the Site.

The information contained on this Site is intended for general information only and should not be considered to be complete or definitive. Information on this Site may contain technical inaccuracies or typographical errors. Oroton accepts no responsibility for the accuracy of information contained on this Site and interpretation and use of such information is at your own risk. You acknowledge that Oroton reserves the right to make changes to the Site at any time without notice. All of the content and functionality on this Site is provided "as is" and without warranty of any kind by Oroton, whether express or implied. This Site contains links to third-party sites maintained by other organisations, and Oroton does not take any responsibility for the content or functionality of those sites. You should take appropriate action to ensure that your access to, and use of this Site and other third-party sites is protected against, and free from viruses (including macro viruses), worms, trojan horses and other harmful and destructive material.

How we use the Information given to us by you

If you respond to Oroton with any information, including but not limited to feedback, data, questions, comments, or suggestions, such information shall not be deemed confidential. All such submissions shall be deemed the property of Oroton, and your submission of information shall constitute an assignment to Oroton of all worldwide right, title, and interest in such information. Oroton disclaims liability for any use or disclosure of such information. Oroton will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information without limitation. Oroton is free to

use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products which incorporate or otherwise rely upon such information.

This clause does not apply to personal data supplied by you to the Site, such as your name, address, e-mail address and telephone number.

Intellectual Property

Oroton may at any time revise these Terms by updating this Site. By using this Site, you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current Terms which govern your relationship with Oroton.

The materials displayed on this Site, including without limitation all advertisements, information, text, graphics, artwork, images, names, logos, trademarks, design, software, and all HTML, CGI and other code and scripts in any format used within and to implement the Site ("Content") are protected by copyright, trademark, and other intellectual property laws unless Oroton expressly indicates otherwise. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Oroton. All names, logos and trademarks which appear on the Site are the property of Oroton or are used by Oroton under license from third parties. Your failure to comply with these Terms will constitute breach of contract and will cause Oroton to breach its copyright, trademark, and other proprietary rights obligations with its third-party suppliers.

You must not access and display these pages on a computer or a monitor for your non-commercial use. All other uses (including without limitation the reproduction on any other website) of any part of this Site is prohibited unless expressly authorised by Oroton in writing. You must not use this Site in any manner or for any purpose which is unlawful, or which violates the rights of Oroton as the owner of the content.

No Licence

Except where expressly authorised by Oroton on this Site, nothing contained herein shall be construed (in any manner whatsoever) as a licence or right to use of any patent, copyright, trademark, or other proprietary right of Oroton displayed on the Site.

© OrotonGroup (Australia) Pty Limited A.C.N. 000 704 129. All rights reserved.

Indemnification

You agree to indemnify, defend, and hold harmless Oroton and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause a technical disruption of the

Site or the systems transmitting the Site to you or others, you will be held responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.

Oroton reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Oroton in the defence of such matter.

Disclaimers and Limitations of Liability

Oroton does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site. Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded by virtue of Australian legislation, Oroton excludes all implied terms and warranties whether statutory or otherwise, with regards to the Site or the subject matter of these Terms. Oroton does not warrant that the Site is free of computer viruses, bugs or other harmful components. Oroton does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Oroton does not assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of the information disclosed or accessed through the Site. Oroton does not have any duty to update the Site or modify the content or Code, and Oroton disclaims all liability for its failure to update such information. It is your responsibility to verify the information contained on the Sites before relying upon it.

Oroton makes no warranties of any kind regarding any non-Oroton websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Oroton makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-Oroton sites.

Nothing in these Terms is intended to exclude, restrict, or modify the consumer rights conferred on you by Australian legislation. To the fullest extent permitted by law, Oroton’s liability to you which cannot be excluded, is limited at the option of Oroton to the following:

• resupplying goods to you or supplying equivalent goods.
• repairing the goods; or
• paying to have the goods resupplied or repaired.

Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded by virtue of Australian legislation, in no event shall Oroton, its affiliates or any of its respective directors, officers, employees, agents, or content or service providers be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, losses or any other damages of whatever kind resulting from whatever cause, including, but not limited to, loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under theories of contract, tort

or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, the site.

Prohibition

You must not misuse this Site. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Oroton disclaims liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any site linked to it.

Return Policy

Your return must be actioned within 14 days of your order being received via our warehouse or when it was purchased In-store.

For Australian customers, Oroton will cover your online return. For International orders, please note we do not cover the cost of returns.

International customers due to online capabilities and due to returns payment, will be eligible for a refund if the below return requirements are met.

*Please note we don’t accept returns placed via Websites of our wholesale, stockists or concession stores.


Full Priced Items

Oroton will refund your “Full Price” item only if the following conditions are met:

• Item(s) are purchased at Full Price and returned within 14 days from delivery date. (Online)
• Item(s) are purchased at full price and returned within 14 days from day of purchase (In-store).
• Full Price item is returned with proof of purchase (including a store receipt and Order confirmation)
• Full Price item is returned in new condition. (Original packaging, tags, no scent, or marks)
• Not a Gift Card

If you are returning an Order to our warehouse. Once the returned item is received, a refund for the value of your item(s), excluding shipping charges will be processed back to the same account used to make your purchase within 3-5 business days.

Oroton is unable to provide online exchanges.

If the item being returned is a gift, it must also meet the conditions above; however, you are only eligible to receive an online credit. You will not receive a cash refund.

Oroton reserves the right to deny a refund in its sole discretion. By agreeing to the Terms, you agree that if your return does not meet Oroton’s return conditions (as listed above), your package will be resent to you, and you will receive a confirmation of this by email.

*For payment provider return queries, please refer to ‘Payment Methods’ in these Terms.

Discounted Items

'Discounted Items' are items that are purchased from an Outlet/DFO Store (insert stores) *, are on sale or have had a promotion applied to the purchase at checkout.

Oroton will provide an online credit for “Discounted Items” that are returned only if the following conditions are met:

• Discounted item(s) is returned within 14 days from delivery date. (Online)
• Discounted item(s) is returned within 14 days from day of purchase In-store
• Discounted item(s) is returned with proof of purchase (including a store receipt or Order confirmation).
• Discounted item(s) is returned in new condition. (Original packaging, tags, no scent, or marks)
• Tags and Labels attached.
• Discounted item(s) are not marked as 'Final Sale’ and or ‘Clearance’.

Oroton will only credit the value of the item(s) purchased, excluding shipping charges.
Oroton will only refund a Discounted Item if it the item has been deemed with a manufacturing fault. This refund will be credited back into the same method of payment against the purchase.

If you wish to exchange a sale item, you can do so in store. Online credit notes are valid for 12 months from the date of issue and can only be used via the Site. In-store Store Credits can be used Online.

Oroton reserves the right to deny a refund in its sole discretion. By agreeing to the Terms, you agree that if your return does not meet Oroton’s return conditions (as listed above), your package will be resent to you, and you will receive a confirmation of this by email.

*For payment provider return queries, please refer to ‘Payment Methods’ in these Terms.

Final and Clearance Sale Items

Final Sale and Clearance Sale applies to items that have been marked down to clear. Final Sale and Clearance Sale items are not eligible for return or exchange unless they are deemed with a manufacturing fault by Oroton in its sole discretion. Any product that is discounted 60% off, is considered Final Sale and or Clearance.

By purchasing a Final Sale or Clearance Sale item you agree that the item purchased cannot be returned. If a Final Sale or Clearance Sale item has been returned to an Oroton warehouse or store without authorisation, the item will be resent to you as a return to sender. Final Sale and Clearance will be set on the Website by category. An Order Confirmation will also state if your item is Final Sale and or Clearance.

Exchanges

Oroton online does not offer exchanges and or replacement through the warehouse. If you would like to exchange your item, please contact Customer Care to assist you with the process. If the item purchased by you meets the Oroton exchange criteria displayed on this Site, you may only conduct an exchange in-store.

Please note that if you have purchased through the Outlet store online, the exchange needs to be actioned at an Outlet/DFO store. Full Priced exchanges can only be actioned at our Boutique stores.

Afterpay purchases are only eligible for an exchange of the same value In-store.

Payment Methods

Oroton accepts Credit Cards (Visa, Mastercard, American Express, Union Pay), PayPal, Paypal Pay In 4, Afterpay, Klarna, Oroton Gift Cards/Credit Notes, Google Pay, Apple Pay, WeChat Pay and Alipay online and instore.

Paypal and Paypal Pay in 4

Is only available for online purchases and can only be returned via online. Full Price items, using PayPal Pay in 4 are eligible for a refund or an online store credit.

Klarna

Full Priced items purchased via our Website with Klarna are eligible for a refund or an online store credit. If you request a refund, your remaining scheduled payments will be adjusted/cancelled, and any payment instalments already made will be refunded to you by the payment platform, excluding shipping charges. If you request an online store credit, your original payment schedule with the payment platform will continue until all payment instalments are made.

AfterPay

Full Priced items purchased via our Website are eligible for a refund or an online store credit. If you request a refund, your remaining scheduled payments will be adjusted/cancelled, and any payment instalments already made will be refunded to you by the payment platform, excluding shipping charges. If you request an online store credit, your original payment schedule with the payment platform will continue until all payment instalments are made.

If you decide to take your Online order in store, you will only be issued a store credit and the original payment schedule with the payment platform will continue until all payment instalments are made. The store credit can be used Online as well.

In-Store AfterPay purchase

Full Priced items purchased in store are eligible for a refund or an online store credit. If you request a refund, your remaining scheduled payments will be adjusted/cancelled, and any payment instalments already made will be refunded to you by the payment platform, excluding shipping charges.

To return your In-store purchase for a refund, you would need to return it in the AfterPay app and it will generate a digital card for you to present. If you would like to exchange, it will need to be for the same value, alternatively you will be issued a store credit and your original payment schedule with the payment platform will continue until all payment instalments are made.

WeChat and AliPay

Full Priced items purchased via our Website with WeChat Pay and AliPay are eligible for a refund or an online store credit via online only.

For full Terms and Conditions please refer to the payment platform.

Shipping and Handling

Dispatch

Orders placed before 12pm AEST are usually dispatched the same day. If you have placed an order over a weekend, please allow up to 2 – 4 business days for your order to be processed. Once your order has been received by the warehouse, you will receive a tracking number via email. Please allow up to 48 hours for your tracking details to be updated with our carrier. Oroton reserves the right to refuse to dispatch an order placed by you based on information contained on this Site that Oroton deems erroneous or inaccurate, without limitation out-of-date information regarding pricing, shipping, payment terms or return policies.

Oroton disclaims all liability for processing delay experienced during promotion/sales periods and holiday periods such as November, December and January.

Delivery

Parcels using tracked shipping methods will be tracked through to delivery. Please ensure you check with your local carrier for order updates after dispatch from our warehouse.

Oroton will not be held responsible for any theft or damage if your parcel is left unattended at your nominated delivery address or because of electing a "safe drop" or “authority to leave” delivery service.

Shipping Delays

Oroton disclaims all responsibility for shipping delays and is unable to provide a refund for any part of your order on the basis of delay. Our parcels ship via Australia Post within Australia and DHL for international orders. Oroton disclaims liability for delay caused by its local carriers.


Shipping Timeframes

We are currently sending Orders with Australia Post and DHL. Oroton offers Standard and Express Post options.

Australia:

*Please note that these timeframes only include transit time from when your order has been picked up from our warehouse. Public holidays and sale periods will impact these delivery times.


New Zealand/International:

Our international orders are dispatched with DHL. We ship to most places; however, some countries are excluded at checkout.

Your international order includes custom duties and taxes.

*Please note that these timeframes only include transit time from when your order has been picked up from the warehouse. Public holidays, other holiday periods, may change to global shipping timeframes, limited freight capacity, and worldwide restrictions may impact these delivery times.

Return to Sender

Oroton is not responsible for orders returned to sender for the following reasons:

• You provide an incorrect or incomplete delivery address;
• The delivery remains unclaimed from the post office;
• There is a failure to pay taxes/customs fees and/or duties; or
• There are closed shipping lanes.

If a package is returned to sender or rejected, you must contact customercare@oroton.com to arrange for redelivery. In this instance, Oroton may offer to resend the original order to you or provide you with an online store credit. You acknowledge that Oroton cannot offer you a refund or exchange.

In this instance you may be liable to pay for postage/shipping costs.

Lost in Transit

If you have not received your online order after 10 business days from the date of the “Your order has been sent” email, we will need to investigate the whereabouts of your order.

We may need to lodge an investigation with Australia Post regarding the delivery of the item. The investigation with Australia Post will take between 3 - 10 business days to be completed so we seek your patience during this time.

If your Order is confirmed lost in transit, Oroton will endeavour to come up with a resolution in its sole discretion. Oroton will not be held liable for stolen goods or in the event of your order being authorised to be ‘Safe Drop’ or ‘Authority to Leave’.

Australia Post 'Safe Drop'

Safe Drop is when the delivery person finds a suitable place at the delivery address where they can safely leave your parcel if it doesn’t fit in your mailbox or if you’re not home to receive it.

Australia Post will automatically Safe Drop parcels that don’t need a signature on delivery.

If it's too big to be left in your mailbox and no one's at the delivery address, Australia Post will:

• check if special delivery instructions have been provided.
• look for a suitable Safe Drop location (if a signature isn't required and the delivery instructions allow).
• leave an "Attempted Delivery" card and transfer the parcel to the nearest post office for collection.
  
  

Terms of Order

Cancellations (By You)

Orders may not be cancelled once processed online via the Website or any other method of sale. If you believe you are the victim of fraud, theft, or the order has been processed without your permission, immediately contact the Customer Care team via Live Chat, Phone, or email customercare@oroton.com. Oroton will endeavour to meet your request although cancellation requests are not guaranteed.


Cancellations (By Us)

Prior to the dispatch of an order, Oroton may cancel all or any part of an order (including any orders already accepted) without liability if:

• the product(s) is not available; or
• there is an error in the price, or product description posted on the Site or in any other sales platform; or.
• the postage price selected in Checkout does not match the applicable price for the delivery address; or
• the weight of your order exceeds the maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or
• the order has been placed in breach of these Terms; or
• we are unable to obtain authorisation for payment; or
• you fail our customer validation checks; or
• we believe you are generating orders for commercial gain and not personal use.
  

If we do so, then we will endeavour to provide you with reasonable notice of the cancellation and we will not charge you for the cancelled order if cancelled before the delivery date, or if you are not at fault or in breach of these Terms. The election to cancel an order is at the sole discretion of Oroton and its management.

Price

Prices for our products are subject to change without notice. Oroton reserves the right to modify the price of a product or discontinue the sale of a product at any time without notice. Oroton disclaims liability to you or to any third party for any modification, price change, suspension, or the discontinued sale of a product. We will not honour price changes or adjustments on previous orders. The prices of products are expressed in AUD on the Australian Site, and in your local currency if you are based internationally. Payments can be completed in your local currency on the basis of a daily conversion used for the Site inclusive of taxes and customs duties for orders outside of Australia that shall be borne by Oroton.

Pre-Order

We will do our best to ship Pre-Order products in accordance with their expected ship date.

You are responsible for keeping your shipping and contact information up to date to ensure proper shipment of any pre-Ordered products. You may email customercare@oroton.com if you need to update any of this information.

Payment will be taken at the time of placing a Pre-Order. The items will then be processed for delivery once the pre-ordered product has arrived at our warehouse facility. If unsuitable, you are eligible to return the item in accordance with our return/refund policy.

You may pre-prder products and current in-stock products at the same time. Oroton will ship all of your purchased items together when all items are available to ship.

The expected shipping date for pre-Ordered products is noted on the Product Page in the description section and remains subject to reasonable delays in manufacturing/shipping. You acknowledge that the date noted on the Product Page is an estimate only and is subject to change. We will keep you informed.

Oroton does not represent or warrant that it will be able to ship the pre-ordered products by the estimated date. In the event there is a delay, and the estimated shipping date is not met, Oroton is not responsible for any loss or damages caused by delay, nor is Oroton obligated to provide a discount, refund, or credit due to delay. The pre-ordered products will be shipped in the order in which your Pre-Order is received by Oroton. Shipments are made Monday – Friday, excluding holidays, unless otherwise noted.


Stockists/Wholesale

Returns to Oroton are for items purchased in-store or online via the Site. Each Oroton stockist has its own returns policy. Please contact the retailer directly for this information prior to making a purchase.


Disputes

Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to arbitration in the State of New South Wales, Australia. However, if you have in any manner violated or threatened to violate any Oroton Intellectual Property right, Oroton may seek injunctive or other appropriate relief in any state or federal court in Australia. You consent to the exclusive jurisdiction and venue of the State of New South Wales. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the Australian Centre for International Commercial Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any

court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Governing Law

This agreement is governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Whole Agreement

The Terms and any other policy posted on this Site constitutes the entire agreement and understanding between you and Oroton and all other communication, correspondence or any other agreement between you and Oroton is superseded by the Terms.

our use of our website is regulated by our site terms and conditions. OrotonGroup does not sell, rent, trade, give or share personal information to, or with, third parties. For our full Privacy Policy, click here.

We may from time to time offer promotional offers on purchases made through our website and physical stores. All offers and promotions are at Oroton's sole discretion and are subject to variation or withdrawal without notice. Offers and promotions cannot be applied to previously purchased items. Offers with a spend threshold always exclude delivery charges.

Oroton attempts to provide accurate and timely information, there may be unintentional factual, price, technical and typographical errors displayed on the site. For example, products may be displayed and sold online subject to error, misdescription (including colour) or technical glitch. Oroton reserves the right to correct and make changes to the site at any time. Products displayed may be out-of-stock or discontinued and all prices are subject to change without notice.