These terms and conditions are the contract between you and State Zak (“us”, “we”, “our”). By visiting or using Our Website, you agree to be bound by them.

The website www.statezak.com (Site) is operated by State Zak (ABN 43 385 194 190).

You are: Anyone who uses Our Website

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 object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site.

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.

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.

If you violate the Terms, State Zak may immediately terminate your right to use and access the Site.

1. Definitions

In this agreement:

“Carrier”

means any person or business contracted by us to carry Goods from us to you.

“Content”

means any content in any form published on Our Website by us or any third party with our consent.

“Goods”

means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. 

“Our Website”

means any website of ours, and includes all web pages controlled by us.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4. We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4. Acceptance of your order

4.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

AND

4.2. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

4.3. 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.

4.4. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.4.1. accept the alternatives we offer;

4.4.2. cancel all or part of your order.

5. Price and payment

5.1. The price payable for the Goods that you order is clearly set out on Our Website.

5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

5.3. Prices include goods and services tax (“GST”).

5.4. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

5.5. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

5.6. Prices for our 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.

6. Promotional Codes

6.1. All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. State Zak reserves the rights to cancel or refuse the usage of any promotional code at any time.

6.2. All promotional codes must be applied at checkout, and cannot be applied to any previous or retrospective orders or gift card purchases. We have the right to refuse use of any promotional code for any reason. The times of use will be outlined in the marketing material, the code cannot be used outside of this time.

7. Security of your credit card 

We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

8. Delivery

Please refer to our Shipping & Delivery page here.

9. Goods returned

Please refer to our Returns Policy here.

10. Accuracy

10.1. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find. 

10.2. State Zak endeavours to present the most recent, accurate and reliable information on our Site at all times. However there may be rare occasions when some of the information features, incomplete or inaccurate data. 

10.3. State Zak makes every effort to display and inform you as accurately as possible on our product colours, sizes, cut, fit, make and general product descriptions.

10.4. In terms of colour display for our products; computer monitors, tablets and mobile devices’ resolution may vary and we cannot guarantee that your monitor’s display of any colour will be completely accurate.

10.5. In relation to varying sizes, cuts and shapes displayed via the images on the Site and featured on our models, we cannot guarantee they will fit you exactly the same, as each individual body is different and treat each individual piece differently.

10.6. State Zak reserves the right to amend errors or to update product information at any time without notice. In the event any information about a product is incorrect (e.g. size, quality, material, price etc).

10.7. State Zak reserves the right to refuse or cancel any order placed for that incorrectly described item. In the event of such a refusal or cancellation of an order and your chosen payment method has been charged, State Zak shall issue a credit to that chosen payment method in the amount of the cancelled order.

11. Disclaimers 

11.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

11.2. All the conditions, warranties or other terms implied by the law of any county other than  Australia are excluded from this agreement to the extent permitted by law.

11.3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

11.4. We give no warranty and make no representation, express or implied, as to:

11.4.1. the quality of the Goods;

11.4.2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

11.4.3. the correspondence of the Goods with any description;

11.4.4. the adequacy or appropriateness of the Goods for your purpose;

11.4.5. the truth of any Content on Our Website;

11.4.6. non-infringement of any right.

11.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

11.6. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

12. Your account with us

12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

12.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

13. Third Party Links

13.1. 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.

13.2. 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.

14. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

14.1. for any unlawful purpose; 

14.2. to solicit others to perform or participate in any unlawful acts;  

14.3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

14.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

14.5. consist in commercial audio, video or music files;

14.6. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

14.7. be illegal, obscene, offensive, threatening or violent;

14.8. be sexually explicit or pornographic;

14.9. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

14.10. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

14.11. solicit passwords or personal information from anyone;

14.12. be used to sell any goods or services or for any other commercial use;

14.13. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

14.14. link to any of the material specified above, in this paragraph;

14.15. send age-inappropriate communications or Content to anyone under the age of 18;

14.16. to submit false or misleading information;

14.17. 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; 

14.18. to collect or track the personal information of others; 

14.19. to spam, phish, pharm, pretext, spider, crawl, or scrape; 

14.20. for any obscene or immoral purpose; or 

14.21. 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.

15. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

15.1. hyperlinks, other than those specifically authorised by us;

15.2. keywords or words repeated, which are irrelevant to the Content Posted;

15.3. the name, logo or trademark of any organisation other than yours;

15.4. inaccurate, false, or misleading information.

16. How we handle your Content

16.1. Our privacy policy is strong and precise. It complies fully with current privacy law, which you can read here.

16.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

16.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

16.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

16.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

16.6. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

16.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

16.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

16.9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

16.10. Please notify us of any security breach or unauthorised use of your account.

17. Removal of offensive Content

17.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

17.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

17.3. If you are offended by any Content, the following procedure applies:

17.3.1. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

17.3.2. we shall remove the offending Content as soon as we are reasonably able;

17.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

17.4. We may re-instate the Content about which you have complained or not.

17.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

17.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

18. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

18.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

18.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

18.3. download any part of Our Website, without our express written consent;

18.4. collect or use any product listings, descriptions, or prices;

18.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

18.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

18.7. share with a third party any login credentials to Our Website.

18.8. Despite the above terms, we now grant a licence to you to:

18.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

18.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

19. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

19.1. your failure to comply with the law of any country;

19.2. your breach of this agreement;

19.3. any act, neglect or default by any agent, employee, licensee or customer of yours;

19.4. a contractual claim arising from your use of the Goods;

19.5. a breach of the intellectual property rights of any person.

20. Intellectual Property 

20.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

20.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

20.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

20.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

21. Miscellaneous matters

21.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

21.2. Where we provide goods or without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

21.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

21.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

21.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

21.6. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

21.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

21.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

21.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

21.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

21.11. Questions about the terms of service should be sent to us at hello@statezak.com