Terms of service

Terms and Conditions of Sale and Website Use

OSKER
(A trading name of International Apparel Group Pty Ltd, ABN 29 166 299 467)

Effective Date: 14 November 2026
Version: 1.5

1. Preliminary Matters

1.1 Formation and Binding Effect

These Terms and Conditions of Sale and Website Use ("Agreement") constitute a legally binding agreement between International Apparel Group Pty Ltd (ABN 29 166 299 467), trading as Osker The Label and OSKER ("OSKER", "we", "us", or "our"), and any natural or legal person ("you", "User", or "Customer") who accesses, browses, registers an account on, or transacts through the website located at www.oskerstore.com ("Website"), or who joins our loyalty programme, Club OSKER (see clause 24).

By using the Website or placing an order, you agree to this Agreement. If you do not accept these terms, please do not use the Website or place an order.

1.2 Hierarchy of Documents

This Agreement should be read in conjunction with:

• OSKER's Privacy Policy ("Privacy Policy");

• OSKER's Returns & Exchanges page ("Returns Policy");

• OSKER's Warranty Policy ("Warranty Policy"); and

• Any product-specific terms published on individual product pages.

In the event of any inconsistency between this Agreement and any other document, this Agreement shall prevail to the extent of the inconsistency, unless expressly stated otherwise. If one of our policies gives you more than this Agreement, that policy applies.

1.3 Modifications

We may update this Agreement from time to time. We'll post the updated version on the Website with a new Effective Date and email account holders about material changes. The terms in place when you place an order apply to that order.

2. Capacity and Eligibility

2.1 Legal Capacity

You represent and warrant that:

1. you possess the legal capacity to enter into a binding contract under the laws of your jurisdiction;

2. if you are entering into this Agreement on behalf of a body corporate, you have authority to bind that entity and such entity accepts this Agreement; and

3. you are not prohibited by any applicable law from purchasing the goods offered on the Website.

2.2 Account Registration

Where you elect to create a registered account:

1. you must provide accurate, current, and complete information as required during the registration process;

2. you are responsible for keeping access to the email account you use to sign in secure, and for all activities conducted under your account;

3. you must notify OSKER immediately at hello@oskerthelabel.com upon becoming aware of any unauthorised use of your account; and

4. OSKER may suspend or terminate your account where it reasonably suspects a breach of this Agreement or fraudulent or unlawful activity.

3. Product Representations and Warranties

3.1 Accuracy of Descriptions

OSKER endeavours to ensure that all product descriptions, specifications, imagery, and pricing information published on the Website are accurate and current. Notwithstanding the foregoing, you acknowledge and accept that:

1. colour representations may vary due to individual device display calibration, monitor settings, and photographic rendering;

2. minor variances in dimensions, weight, and finish can occur between individual jewellery pieces; and

3. product images are a guide, and colours can vary on different screens.

3.2 Material and Composition Disclosures

All metal types, plating specifications (including 14K Gold Vermeil, sterling silver, stainless steel and titanium), stone classifications, and other material compositions are disclosed per individual product listing. You are advised to review product specifications carefully prior to purchase, particularly if you have known skin sensitivities or metal allergies. Subject to your rights under the Australian Consumer Law, OSKER accepts no liability for adverse reactions arising from a failure to review published material specifications.

3.3 Availability

OSKER does not warrant the continuous availability of any product listed on the Website. We reserve the right, without prior notice or liability, to:

1. discontinue, withdraw, or modify any product at any time; and

2. limit the quantity of products available for purchase.

4. Pricing, Taxes, and Currency

4.1 Currency and GST

Prices are shown in Australian Dollars (AUD), or in your local currency where we offer it. The final amount is shown at checkout. Prices for orders delivered in Australia include the Goods and Services Tax (GST) at the applicable rate under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Orders delivered outside Australia are not charged Australian GST.

4.2 Price Variation

Prices are subject to change at any time prior to the formation of a binding contract. The price applicable to any order shall be the price displayed at the time of checkout confirmation, subject to clause 4.3 below.

4.3 Pricing Errors

In the event of a manifest pricing error, OSKER reserves the right to:

1. cancel your order before we despatch it, and issue a full refund of any monies paid; or

2. contact you to offer the correct price and afford you the opportunity to proceed with the purchase at the corrected price.

OSKER shall have no obligation to supply products at an erroneously quoted price.

4.4 Promotional Pricing

Promotional, sale, or discount pricing is subject to the terms of the applicable promotion and may be withdrawn at any time. Discount codes are non-transferable, cannot be combined unless expressly stated, and hold no cash value.

5. Order Placement and Contract Formation

5.1 Offer and Acceptance

The placement of an order through the Website constitutes an offer to purchase the relevant goods on these terms. The email we send after you pay confirms that we have received your order. A binding contract is formed when we despatch your order, or when we start making or engraving a personalised piece for you, whichever comes first.

The display of products on the Website constitutes an invitation to treat only and shall not constitute an offer capable of acceptance by you.

5.2 Right to Refuse Orders

OSKER reserves the right, without liability, to reject or cancel any order at any time prior to despatch where:

1. the relevant product is unavailable or out of stock;

2. payment authorisation cannot be obtained or is subsequently reversed;

3. OSKER reasonably suspects fraudulent, unauthorised, or unlawful conduct;

4. a pricing or typographical error has occurred; or

5. the order does not comply with these Terms.

In such cases, OSKER will provide prompt notification and, where payment has been received, issue a full refund within a reasonable timeframe.

5.3 Order Amendments and Cancellations

If you want to change or cancel your order, contact OSKER at hello@oskerthelabel.com as soon as possible. We can cancel any order before it is despatched, except a personalised piece we have started making or engraving.

6. Payment Terms

6.1 Accepted Methods

OSKER currently accepts payment via the following methods: credit and debit cards, PayPal, Afterpay, Apple Pay, Google Pay and Shop Pay, and such other methods as may be specified on the Website from time to time.

6.2 Payment Security

All payment transactions are processed via PCI-DSS compliant third-party payment gateways. OSKER does not collect, store, or have access to your full card number or banking credentials. You acknowledge that OSKER is not liable for any loss or damage arising from the acts or omissions of third-party payment processors, subject to your non-excludable rights under the Australian Consumer Law.

6.3 Buy Now Pay Later

Where you elect to utilise a buy now, pay later ("BNPL") facility such as Afterpay, you acknowledge that you are separately bound by the terms and conditions of that third-party provider. OSKER accepts no responsibility for the operation or terms of any BNPL arrangement.

6.4 Failed Payments

Where a payment fails or is reversed after despatch of goods, OSKER reserves the right to suspend further orders, pursue recovery of outstanding amounts, and take such other steps as may be available at law or in equity.

7. Delivery, Shipping, and Risk of Loss

7.1 Despatch and Delivery

OSKER will use commercially reasonable endeavours to despatch orders within the timeframe specified at checkout, in our order emails or on our Shipping page. All delivery timeframes are estimates only, are not guaranteed, and may be affected by factors outside OSKER's reasonable control, including carrier delays, public holidays, and force majeure events.

7.2 Title and Risk

Risk of loss and damage to goods passes to you on delivery. Title to goods passes to you upon receipt of cleared payment in full.

7.3 International Shipments

Where goods are shipped to an address outside of Australia:

1. you are responsible for any customs duties, import taxes, tariffs, and ancillary charges imposed by the laws of the destination jurisdiction, except any duties or taxes included in our prices or collected from you at checkout;

2. OSKER makes no representation as to whether the goods comply with any foreign law or regulation; and

3. OSKER is not liable for any delay, seizure, or return of goods resulting from customs processing or import restrictions.

7.4 Delivery Failure

Where a parcel is undeliverable or returned to OSKER as a result of:

1. an incorrect or incomplete delivery address provided by you; or

2. your failure to collect or accept delivery,

OSKER may charge you the reasonable cost of reshipping.

8. Returns and Exchanges

8.1 Application of Australian Consumer Law

Nothing in this clause or this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law, that cannot lawfully be excluded, restricted, or modified.

Under the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), our goods come with guarantees that cannot be excluded, including that goods must be of acceptable quality, match their description, and be fit for any disclosed purpose.

8.2 Statutory Remedies for Faulty Goods

Where goods fail to comply with a consumer guarantee under the ACL:

1. for a major failure, you are entitled to choose between a refund, replacement, or store credit;

2. for a non-major failure, we will offer you a repair, replacement or store credit; and

3. you may also be entitled to compensation for other reasonably foreseeable loss or damage resulting from the failure.

Please report any damage on arrival within 48 hours of delivery. This helps us act fast. It doesn't limit your ACL rights. Other faults are covered by our Warranty Policy and the ACL. To request a remedy, contact OSKER at hello@oskerthelabel.com or via chat on our Website, providing your order number and photos of the fault.

8.3 Change-of-Mind Returns

OSKER offers a change-of-mind return window of 14 days from delivery for online purchases and 7 days for in-store purchases, as a discretionary commercial courtesy, subject to the following conditions:

1. the goods are unworn, unaltered, and in the original OSKER packaging;

2. proof of purchase is provided (for gifts, a gift receipt or the giver's proof of purchase; the return window counts from the original delivery or purchase date);

3. the following goods are expressly excluded from change-of-mind returns: earrings (for hygiene reasons), pieces marked "Final sale", gift cards, engraved pieces and permanent bracelets;

4. return shipping costs are borne exclusively by the Customer;

5. change-of-mind returns are given as store credit or exchange only; and

6. despite (a) and (c) to (e), if you live in the United Kingdom or the European Union, you also have a legal right to cancel your online order within 14 days of delivery. You pay the return postage. We refund the price of the piece and the standard delivery cost to your original payment method, at no charge to you, without undue delay and within 14 days of the day you tell us you are cancelling. We may withhold the refund until we receive the piece back or you show proof that you posted it, whichever is earlier, unless we have offered to collect it. If that happens after the 14 days, we refund you without undue delay. This does not apply to engraved or personalised pieces, or to earrings whose hygiene seal has been broken.

8.4 Engraved Pieces and Permanent Bracelets

Engraved pieces and permanent bracelets are expressly non-returnable, except to the extent required by the Australian Consumer Law where a consumer guarantee is not met.

8.5 Sale and Discounted Items

Goods purchased at a discounted or promotional price follow the normal return conditions in clause 8.3. Pieces marked "Final sale" can't be returned for change of mind, except where the ACL gives you a remedy.

9. Consumer Guarantees — Non-Exclusion Clause

Pursuant to section 64 of the Australian Consumer Law, any term of a contract that purports to exclude, restrict, or modify the application of a consumer guarantee, or any liability for failure to comply with a guarantee, is void.

OSKER expressly acknowledges that nothing in this Agreement is intended, or shall be construed, to exclude, limit, or modify any right, guarantee, or remedy to which a consumer is entitled under the ACL, including but not limited to guarantees of acceptable quality, fitness for purpose, correspondence with description, and repair and spare parts availability.

If you live outside Australia, nothing in this Agreement limits the consumer rights you have under your local law. For example, in New Zealand, your rights under the Consumer Guarantees Act 1993 still apply.

10. Limitation of Liability

10.1 General Limitation

To the maximum extent permitted by the ACL and all other applicable laws, subject to clause 9 above, and except where the ACL gives you a right to a remedy or compensation:

1. OSKER's aggregate liability to you for any claim or series of related claims arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total amount paid by you for the specific goods giving rise to the claim;

2. OSKER is not liable to you for any indirect, consequential, special, incidental, punitive, or exemplary loss or damage, including but not limited to loss of revenue, loss of profit, loss of business opportunity, loss of anticipated savings, loss of data, or loss of goodwill, howsoever arising.

10.2 Website Availability

OSKER does not warrant that the Website will be available at all times or will be free from errors, viruses, interruptions, or other defects. Except where the ACL gives you a right to a remedy or compensation, OSKER is not liable for any loss or damage suffered as a result of Website downtime, technical failure, or data corruption.

10.3 Third-Party Conduct

Except where the ACL gives you a right to a remedy or compensation, OSKER is not liable for the acts, omissions, or representations of third-party carriers, payment processors, BNPL providers, or any other independent contractors engaged in connection with the fulfilment of your order.

11. Intellectual Property Rights

11.1 Ownership

All intellectual property rights subsisting in or in connection with the Website and its content — including but not limited to trade marks, service marks, logos, trade dress, artistic works, photographs, copy, product designs, jewellery designs, marketing materials, and underlying software — are the exclusive property of OSKER or its licensors and are protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and other applicable intellectual property legislation.

11.2 Restricted Use

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for personal, non-commercial purposes. You must not, without OSKER's prior written consent:

1. reproduce, copy, distribute, modify, adapt, reverse engineer, or create derivative works from any Website content;

2. use any OSKER trade mark, logo, or branding in any manner that may imply association, endorsement, or sponsorship; or

3. commercially exploit any content from the Website in any form or medium.

11.3 Feedback and User Content

1. If you submit feedback, reviews or testimonials to OSKER (for example, a product review on our Website), you grant OSKER a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use, reproduce, publish, translate, and distribute such content across any medium or platform, without obligation to compensate you.

2. If you post content on social media that tags or mentions OSKER, we will ask your permission before reposting it, and we will remove it if you later ask us to.

You represent and warrant that any content you submit or allow us to use does not infringe any third-party intellectual property right or any applicable law.

12. Privacy and Data Protection

12.1 Collection and Processing

OSKER collects, uses, stores, and discloses personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth), including the 13 Australian Privacy Principles (APPs).

12.2 Automated Decision-Making

Some things happen automatically, as described in clause 9.5 of our Privacy Policy (for example, Club OSKER points and VIP tiers, and reminder emails). OSKER does not use computer programs, including artificial intelligence, to cancel, hold or refund orders, or to give store credit. Decisions on warranty claims, returns and store credit are made by our team.

12.3 AI Assistant and AI Help Desk

OSKER does not currently offer an AI assistant or AI help desk on the Website. If we introduce one, it may answer questions and collect your details, and we will update our Privacy Policy before it goes live. If it helps prepare or substantially informs any decision about you, we will explain this in our Privacy Policy before it does.

12.4 Data Subject Rights

Subject to the Privacy Act and applicable exemptions, you have the right to:

1. request access to personal information held by OSKER about you;

2. request correction of inaccurate, incomplete, or out-of-date information;

3. lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au if you believe your privacy rights have been infringed.

If you are in the UK or EU, you have further rights, such as asking us to delete your data (see clause 14 of our Privacy Policy).

All privacy-related requests should be directed to hello@oskerthelabel.com.

13. Anti-Spam and Electronic Communications

OSKER complies with the Spam Act 2003 (Cth). Commercial electronic messages will only be sent to you with your express or inferred consent. All marketing emails and SMS will include a functional and accessible unsubscribe mechanism, as required by the Spam Act. Unsubscribe requests will be actioned within 5 business days.

14. Prohibited Conduct

By accessing the Website, you represent and warrant that you will not:

1. use the Website for any purpose that is unlawful, fraudulent, or prohibited under any applicable law;

2. attempt to gain unauthorised access to OSKER's systems, servers, or databases or those of any third party;

3. transmit, upload, or introduce any malicious code, virus, worm, trojan, or other harmful data to the Website;

4. engage in systematic or automated data extraction from the Website (including scraping, harvesting, or crawling) without OSKER's prior written consent;

5. engage in conduct that could impair, damage, or disrupt the Website's operation or the experience of other users; or

6. misrepresent your identity or affiliation for the purpose of obtaining products, credits, points, or other benefits.

OSKER reserves the right to report any such conduct to relevant law enforcement or regulatory authorities.

15. Third-Party Links and Integrations

The Website may contain hyperlinks to third-party websites, platforms, or services. Such links are provided for convenience only. OSKER does not endorse, control, or accept responsibility for the content, accuracy, privacy practices, or terms of any third-party site. Your use of any linked third-party site is at your own risk and subject to that party's terms and conditions.

16. Jewellery Care and Liability Disclaimer

OSKER provides care instructions for all products at the point of sale and via the Website. You acknowledge and accept that:

1. normal wear over time is a natural part of wearing jewellery and is not a product defect;

2. OSKER is not liable for damage, discolouration, tarnishing, or deterioration resulting from improper storage, exposure to harsh chemicals, perfumes, sweat, chlorine, or failure to follow OSKER's published care guidelines; and

3. notwithstanding the foregoing, nothing in this clause excludes any consumer guarantee in respect of acceptable quality under the ACL.

17. Warranties Against Defects

OSKER offers a voluntary warranty against defects ("Product Warranty") of 3 months from the day you receive your order, or from the day you buy in our store, in addition to your statutory rights. Its scope and claim process are set out in our Warranty Policy.

Any Product Warranty is provided in addition to, and does not replace, limit, or supersede, your rights under the ACL. In the event of any inconsistency between the Product Warranty and the ACL, the ACL shall prevail.

Anything we choose to offer outside our warranty is at our discretion. It doesn't mean the piece was faulty, and it isn't an ongoing promise.

18. Force Majeure

OSKER shall not be in breach of this Agreement, nor liable to you for any delay in performance or non-performance of any obligation, where such delay or non-performance arises directly or indirectly from a Force Majeure Event. For the purposes of this Agreement, "Force Majeure Event" means any event or circumstance beyond OSKER's reasonable control, including but not limited to: acts of God, fire, flood, earthquake, storm, epidemic, pandemic, governmental action, industrial dispute, failure of utilities, supply chain disruption, or failure of third-party systems.

OSKER will notify you promptly upon becoming aware of a Force Majeure Event affecting performance and will use commercially reasonable endeavours to mitigate its effects.

19. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of laws principles.

Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals therefrom for the purpose of resolving any dispute arising out of or in connection with this Agreement. This clause does not limit any right you may have under the ACL to commence proceedings in another jurisdiction. If you live outside Australia, this clause applies unless your local law says otherwise.

20. Dispute Resolution

20.1 Internal Resolution

Prior to commencing any formal legal proceedings (other than applications for urgent injunctive or interlocutory relief), each party agrees to use reasonable endeavours to resolve any dispute informally by:

1. notifying OSKER in writing at hello@oskerthelabel.com with details of the dispute and the remedy sought; and

2. allowing OSKER a period of 10 business days from receipt to respond and attempt resolution.

20.2 External Bodies

Nothing in clause 20.1 prevents you from lodging a complaint with:

• the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au;

• NSW Fair Trading at www.fairtrading.nsw.gov.au;

• the NSW Civil and Administrative Tribunal (NCAT) at www.ncat.nsw.gov.au; or

• the Office of the Australian Information Commissioner (OAIC) for privacy-related matters at www.oaic.gov.au.

21. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, unenforceable, or void, that provision shall be severed from the Agreement to the minimum extent necessary. All remaining provisions shall continue in full force and effect, and the parties agree to negotiate in good faith a valid replacement provision that, to the greatest extent possible, achieves the original commercial intent.

22. Waiver

No failure or delay by OSKER in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. A single or partial exercise of any right, power, or remedy does not preclude any further exercise of that right or the exercise of any other right, power, or remedy.

23. Entire Agreement

This Agreement, together with the Privacy Policy, the Returns Policy, the Warranty Policy, and any product-specific terms incorporated by reference, constitutes the entire agreement between you and OSKER with respect to its subject matter. It supersedes all prior representations, negotiations, understandings, or agreements, whether oral or written, relating to that subject matter. Nothing in this Agreement excludes our responsibility for what our team tells you, in store, by email or in chat.

24. Club OSKER

24.1 Joining

Club OSKER is our free loyalty programme. You can join online or in our store. By joining Club OSKER, you agree to receive marketing emails from OSKER. We only send you marketing SMS if you tick the "Text me with news and offers" box at checkout. You can unsubscribe from either at any time.

24.2 Points and VIP Perks

Members earn points and VIP perks as set out on our Club OSKER page. Points and VIP perks have no cash value and cannot be transferred, sold or exchanged for cash.

24.3 Leaving or Unsubscribing

You can unsubscribe from our marketing emails or SMS at any time and keep your Club OSKER membership, points and VIP perks. You can also leave Club OSKER at any time. If you leave, your points and VIP perks end.

24.4 Changes

We may change Club OSKER, including how points are earned, rewards, VIP tiers and perks, or end it. We'll give members at least 30 days' notice by email and on our Club OSKER page. If Club OSKER ends, you'll have at least 30 days to use your points.

24.5 Misuse

We may cancel a membership and its points where we reasonably suspect fraud or misuse of Club OSKER.

25. Contact Information

For all legal, compliance, or general enquiries in relation to this Agreement:

OSKER
International Apparel Group Pty Ltd, trading as Osker The Label (ABN 29 166 299 467)
📧 hello@oskerthelabel.com
📍 Sydney, New South Wales, Australia
🌐 www.oskerstore.com