Terms and Conditions
Terms & Conditions Overview
This website is operated by Oakley & Maple. Throughout the site, the terms “we”, “us” and “our” refer to Oakley & Maple. Oakley & Maple offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Wix.com, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 : Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 : General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 : Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 : Modifications to the Service and Price
All prices are in $USD and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 : Products and Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 : Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy via our FAQs page.
SECTION 7 : Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 : Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 : User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 : Personal Information
SECTION 11 : Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 : Prohibited Users
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 : Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MODLL PTY LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 : Indemnification
You agree to indemnify, defend and hold harmless Oakley & Maple and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 : Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 : Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 : Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 : Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 : Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 : Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 21 : Gift Vouchers & Promotion Codes
Oakley & Maple Gift Vouchers can only be redeemed online at www.oakleyandmaple.com
Oakley & Maple Gift Vouchers cannot be redeemed for cash or returned for a refund. Unused balances are not refundable or transferable. Oakley & Maple is not responsible for lost or stolen Gift Vouchers. Risk of loss or theft and title for Gift Vouchers passes to the purchaser on transfer. This Gift Voucher and purchases made with it are subject to the terms of trade as set by Oakley & Maple, which may change from time to time.
Gift Voucher value expires 3 years after purchase.
SECTION 22 : Pricing and Product Availability
We exercise great care to avoid errors in pricing and Product information. If mistakes do occur, we reserve the right to correct them. We apologise in advance for any inconvenience this may cause.
We take great care to provide accurate stock numbers on our Website, although occasionally we may be unable to supply a Product that has been ordered. Oakley & Maple will communicate any issues with you as a result of unavailability and we will credit without delay any payments made for such Products.
Discount codes, product bundles or buy and save discounts on multiple products are not to be used in conjunction with any other offers. For example, you cannot use the automatic discount of the Learning Tower + apron combo when using a discount code. Major 15% off sales are only applicable on full priced items - excluded items include already discounted products and gift vouchers
All prices on our Website are in US Dollars (USD).
Prices are subject to change for any reason at any time without notice, but changes will not affect orders which we have already processed.
SECTION 23 : Pre Orders
Pre Orders are items that are available to order via our online shop, in advance physical stock being available.
When placing a Pre Order for Oakley & Maple™ stock, you will be required to provide certain information, such as billing and address information. You represent and warrant that all such information is kept current. Oakley & Maple™ shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information.
Payment: You will be charged the full price of products at the time of placing the pre order. If Oakley & Maple™ is unable to commence shipping the products within 4 months of you placing the Pre Order, Oakley & Maple shall process a full refund to you.
Priority: Oakley & Maple will courier products in the order in which the Pre Order is received.
Delivery Schedule: Although we will make efforts to begin delivering product as soon as reasonably practical, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change and Oakley & Maple does not represent or warrant that it will be able to ship the Product by the estimated date.
As a result, in the event that a delay may arise and the estimated shipment is not met, Oakley & Maple is not responsible for any damages that may occur due to the delay, nor shall it be obligated to provide any discounts or credits due to such delays. We will provide periodical updates with respect to such delivery schedule. If for any reason your pre order is delayed and not available in the month expected, and you do not wish to continue to wait for your Product, you may request a full refund by emailing email@example.com
SECTION 24 : Copyright
Oakley & Maple and its related brands are trademarks of MODLL PTY LTD.
Oakley & Maple is the owner of the copyright and other intellectual property rights in the material contained on our Website, or is permitted by the owner of such intellectual property to use this material. Any use of the materials on this Website, including reproduction for any purposes, modification, distribution, or republication, without prior written permission of Oakley & Maple, is strictly prohibited.
All images and photographs on the Website may not be copied, reproduced or edited in any form without prior written (including email) approval from Oakley & Maple.
SECTION 25 : General contest, competition, prize draw & giveaways
1.1 These rules apply to all competitions, prize draws, promotions, giveaways and suchlike that are promoted on and run through our website or social media channels.
1.2 To enter a competition you must enter as directed on our website or social media channels.
1.3 Our competitions are free to enter (no purchase required, unless otherwise stated).
1.4 Promotions on social media are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Google Plus, Instagram, LinkedIn or any other social network. You are providing your information to MODLL PTY LTD the parent company of
2. Eligibility and entry restrictions
2.1 To be eligible to enter a competition:
(a) entrants must be a real person, at least 18 years old and permanently reside in the United State of America (USA), (proof of address or age may be required)
(b) entrants must not be our employee, officer or agent, or an employee, officer or agent of any person or organisation involved in the running of the competition, and you must not be a family relation of any such person.
(c) Competition entrants for our promotions on social media must have a genuine account and must ‘like’ the Oakley & Maple social network page (Facebook, Twitter etc.) as part of the entry process.
2.2 The maximum number of entries to a competition per person is 1.
2.3 The maximum number of entries for a competition shall be at our sole discretion but no less than 100 entries. Once this number of entries have been received, the competition will be closed to new entries, notwithstanding the published closing date.
3. Start and closing dates
3.1 A competition shall open for entries at the time and on the date specified on our website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on our website and social media channels. Unless otherwise stated, these times and dates are set to those for UTC (Co-ordinated Universal Time).
3.2 Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.
3.3 No responsibility can be accepted for entries not received for whatever reason.
3.4 We reserve the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the competition will be notified to entrants as soon as possible by us.
3.5 Entry into the competition will be deemed as acceptance of all of these terms and conditions.
4.1 Competition entries shall be judged or winners selected on the basis of those criteria specified on our website and/or social media channels in relation to the competition.
4.2 If a competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.
4.5 Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
4.6 The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
5. Winners and prizes
5.1 Competition prizes for each competition shall be specified on our website or social media channels.
5.2 Competition prize winners will be notified of the competition result by email (if address is asked for/provided) or by direct message on social media (winners must therefore ‘like’ or ‘follow’ our social media accounts in order to be contacted about prizes) not more than 30 days following the closing date of the competition, and will receive their prizes not more than 60 days following that closing date.
5.3 Reasonable efforts will be made to contact the prize winner for 14 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
5.4 The results of a competition will be announced on our website within 30 days following the closing date of the competition. The announcement may include the name and photograph, the town or region of residence and prize details of each prize winner.
5.5 No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
6. Copyright and moral rights
6.1 You warrant to us that you created your competition entries, that you own all of the copyright in those entries, and that our use of the entries in accordance with these rules will not infringe any person's intellectual property rights or other legal rights.
6.2 You grant to us an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit and publish your competition entries.
6.3 To the maximum extent permitted by applicable law, you irrevocable and unconditionally waive your rights to be identified as the author of your competition entries and to object to any derogatory treatment of your competition entries.
7. What happens to entries?
7.1 Competition entries will not be returned. Please, therefore, keep a copy of your competition entries.
8.1 We may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details.