Terms & Conditions
Please read these terms and conditions carefully before using this website.
This website, <http://www.soaksociety.com.au/> and its content (“Website”) is owned by Soak Society ABN 87 263 303 762.
Your use of this Website constitutes your agreement to be bound by these terms and conditions and all other terms, conditions and disclaimers on the Website (the “Terms and Conditions”). By continuing to use this Website, you agree to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, you must stop using the Website immediately.
Soak Society may vary, add, change or delete any part of the Terms and Conditions, or the Website, at any time, and for any reason without prior notification to you, and Soak Society will not be liable in any way for possible consequences of such changes. You are responsible for reviewing all information provided on this Website including these Terms and Conditions each time prior to using this Website including when ordering any products or services from Soak Society.
Use of website
You must comply with all laws in connection with your use of this Website. You must not do any of the following:
- Data mine or conduct automated searches on this Website;
- Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this Website:
- Use this Website or any information made available through this Website to send unsolicited emails or other messages without Soak Society’s consent
- Use of any automatic device or manual process to monitor or copy any part of the Website;
- Incorporate any of the content on this Website with any other material, including advertising or promotional material;
- Create http links from this Website to any other website on the internet, or frame or mirror this Website; or
- Tamper with or make unauthorized modifications to this Website or the content of this Website.
Making orders for products or services from this website
Any order placed by you via this Website is an offer by you to purchase a particular product for the price (including the delivery and other charges) specified on this Website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the products or services ordered unless you ask us to cancel that order before Soak Society accepts and confirms your offer to purchase the products or services on the Website.
Soak Society may require additional verification or information before accepting any order.
Where permitted, Soak Society reserves the right to limit sales, including the right to prohibit sales to re-sellers.
All prices are in Australian dollars (AUD) and inclusive of GST unless otherwise specified. Prices displayed on this Website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of products and services are subject to change without notice.
Prices of products or services placed in the cart but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this Website, Soak Society is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Website, or an error in your order.
Corporate and Wholesale Customers
If you are a corporate or wholesale customer or would like to be, please contact Soak Society directly with full details of your business including business or company name, ABN/ACN and address. Soak Society will review your eligibility for wholesaling and, if Soak Society considers you eligible for corporate or wholesale services, Soak Society may provide you with a wholesale price list, further details of minimum order requirements and any other terms that may apply in addition or in replacement of any of these Terms and Conditions. Soak Society may, in its total discretion and without any obligations or liability to you: (a) require further any particulars from you that Soak Society deems necessary for the purposes of making an assessment about your eligibility as a corporate or wholesale customer; and (b) refuse to provide you with corporate or wholesale services.
Soak Society accepts payments using Stripe, a secure third party payment facility. Soak Society does not store your credit card details.
If your payment declines at the point of purchase, Soak Society may not receive any notification of the order being placed and it is up to you to reorder the products and/or to contact us to confirm receipt of your order.
Whilst Soak Society will make every reasonable effort to ensure stock availability is up to date, there may be times when products are out of stock. If you order a product that has sold out, Soak Society will contact you during business hours to: (a) notify you of the approximate delay in supplying you with your order; (b) suggest an alternative product if appropriate; or (c) arrange a refund.
SHIPPING AND DELIVERY
All orders are processed and dispatched within 1-3 business days of payment being cleared.
Your order will be sent via Australia Post or courier. Please allow up to 7 business days for delivery in Australia. Rural or regional areas may incur additional delays in delivery (eg, up to 14 business days) and you acknowledge and accept that this is out of Soak Society’s control and we are not responsible nor liable for any delays in delivery.
All orders in Australia over $50 are free of shipping charges unless otherwise specified by us.
Orders outside Australia are sent via Australia Post. Please allow approximately 14 days for delivery, and email us at email@example.com for any queries in relation to your order.
Costs of shipping outside of Australia will be calculated at checkout depending on your country and weight of order.
Authority to Leave
Your order may be left at your premises if no one is at home. You agree that the products ordered by you are deemed received when left at your premises. Soak Society will not be responsible for parcels accepted by a third party or an Authority to Leave.
Soak Society and contractors associated with the delivery do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Soak Society from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave. If you do not wish to give Soak Society Authority to Leave, you must notify us in writing at the time of placing your order and you will have to be at your premises in order for the delivery to occur.
Title and risk
Title to products purchased on this Website does not pass from Soak Society to you until Soak Society has received payment in full for the products. All risk in the products passes to you upon delivery to your nominated address.
Please contact us at firstname.lastname@example.org should you have any questions about our postage service.
REFUNDS AND EXCHANGES
Returns and exchanges for change of mind or for your inadvertent incorrect choice of product are generally not available. If your product is faulty, defective, not as described by us, not fit for purpose or as otherwise set out under Australian Consumer Laws, you will be entitled to replacement, refund or a store credit.
If you wish to return your product for a refund or exchange (or store credit) your product, you must email us at email@example.com within 10 days of receiving your product. Your email must include your full name, proof of purchase details, and whether you would like a refund, exchange or store credit. Your correspondence should include a product description and the reasons for requesting a refund, exchange or store credit. If we agree to accept your request for a refund or exchange (or store credit), it is still subject to, and conditional upon the following:
- Your product must be returned to Soak Society within 10 days and include your proof of purchase and a copy of the email confirmation. Items returned after the 10 day period will not be accepted and will be shipped back to you.
- Your product should be returned in an appropriately protective post bag/box and, unless the product is faulty or otherwise defective and such fault or defect has not been caused by you, must be unused, unscratched, not altered and in its original packaging. All original seals and tags should be attached and the product should be in its original condition.
- When returning a product to us, it is your responsibility until it reaches us at Soak Society. Soak Society will not be responsible for any items damaged or lost during transit.
- All products being returned must be sent to the address provided to you by Soak Society when you contact us.
- Upon receipt of your return, the product will be inspected to see if it complies with our Returns and Exchange Policy. Soak Society reserves the right not to accept a request for refund, exchange or store credit for any product that is not faulty and/or falls outside our Returns and Exchange Policy. Soak Society will inform you via email as to whether or not Soak Society will provide you with a refund or exchange.
- Where Soak Society provides you with a store credit, that credit is valid for 6 months from the date your returned product is received.
- Soak Society only accept returns/exchanges for our products purchased via our Website. Soak Society do not accept returns or exchanges for products sold/provided by one of our stockists/distributors.
- If you would like to exchange your product for a different product, and Soak Society agrees to exchange that product, you agree to pay any difference in price that may apply.
- All postage and insurance costs are to be paid by you for change of mind exchanges, returns and refunds.
- Nothing in this Returns and Exchange Policy is intended to override your legal rights as a consumer where those rights cannot by law be excluded under Australian Consumer Laws.
You may only make contributions to this Website to the extent that Soak Society expressly permits. However, you must not leave any contribution on this Website, provide Soak Society with content for the Website or permit any information to be displayed on this Website, that is false, inaccurate, misleading, defamatory, obscene, indecent, inflammatory, threatening or harassing or that breaches any third party intellectual property rights or any other law. You warrant that any contributions you make to the Website, or any content you provide for the Website, will not expose Soak Society, its directors, employees, contractors or agents to any liability of any kind.
If you do leave contributions on this Website or provide content for this Website, you grant Soak Society a non-exclusive, worldwide, perpetual, irrevocable, royalty free right (sub licensable through multiple tiers) to exercise the copyright and other intellectual property rights in connection with your contributions or content. Soak Society reserves the right to edit or delete any contributions posted, or content submitted for display, on this Website in its absolute discretion.
Disclaimer and exclusion of warranties and guarantees
No warranty or guarantee: You use this Website at your own risk. To the extent permitted by law, this Website is provided to you on an “as is” and “as available” basis without guarantee or warranty of any kind express or implied. To the extent permitted by law Soak Society excludes any express or implied warranties or guarantees under statute or general law in connection with this Website and any associated goods or services.
Content Disclaimer: Information on this Website is compiled from various sources. Accordingly, Soak Society warns you that information on this Website may not be true, accurate, up-to-date, complete and not misleading. Soak Society does not invite reliance upon and does not accept responsibility, or liability for information provided within or associated with, this Website.
Third Party Information: This Website contains third-party information and links to other websites as a convenience to you. Soak Society does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.
No Guarantee of Uninterrupted or fault free use: You acknowledge that access to this Website may be interfered with or affected by numerous factors, many of which are outside Soak Society’s control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Your access to this Website may not be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this Website.
Third Party goods or services: Where third party links, products, services or other information is provided on this Website it is for your information and convenience only (“third party content”). Soak Society is not responsible for any third party content. Soak Society recommends that you check the accuracy of information regarding third party goods and services directly with the relevant supplier before making any purchases. Any third party content on this Website should be used as a guide only and should not be relied on.
You unconditionally release Soak Society, its directors, employers and agents from all liabilities, actions, demanding loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this Website.
You are liable for and indemnify Soak Society and its directors, employees and agents against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by Soak Society or its directors, employees and agents directly or indirectly in connection with: (a) your use of this Website; (b) any information you post or permit to be displayed on this Website; or (c) your breach of these Terms and Conditions.
Liability for your third parties
You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts or omissions.
© 2018 Soak Society - All rights reserved.
Soak Society owns or is a licensee of all copyright and other intellectual property in this Website and its content (including, without limitation all information, text, graphic, software, advertisements and trademarks (if any) on this Website (the “Content”). You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, non commercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the Website).
Soak Society™ is a trade mark and registered business name of Soak Society.
All trade marks appearing on this Website are the property of their respective owners.
Soak Society complies with applicable Australian privacy laws. Soak Society does not collect your personal information to on-sell to third parties for marketing purposes.
If you have any questions or concerns regarding your personal information, please contact us by email: firstname.lastname@example.org.
Interpretation and general terms that apply
In these Terms and Conditions:
- The headings will not affect interpretation of these Terms and Conditions.
- The singular includes the plural and vice versa, and a gender includes other genders.
- Any other grammatical form of a word or expression defined in these Terms and Conditions has a corresponding meaning.
- A reference to a clause or paragraph is to a clause or paragraph of, these Terms and Conditions.
- A reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time.
- A reference to “A$”, “$A”, “dollar” or “$” is to Australian currency.
- A reference to time is to time in Queensland, Australia (AEST).
- A reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes.
- A reference to a person includes a natural person, body corporate, partnership, trust, association or any government or governmental, semi-governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation, instrumentality or any other entity.
- A reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements.
- The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
- A reference to anything (including but not limited to any right) includes part of that thing.
- Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds those parties jointly and severally.
- Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of those parties jointly and severally.
- Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
- A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of these Terms and Conditions.
- Soak Society™ may assign any rights or benefits under these Terms and Conditions at any time.
- If any provision, or the application of any provision, of these Terms and Conditions is prohibited, invalid, void, illegal or unenforceable in any jurisdiction: (a) this will not affect the validity and enforceability of the provision or part in other jurisdictions; (b) the provision or part will only be ineffective to the extent of the prohibition, invalidity or illegality; and (c) the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of these Terms and Conditions.
- These Terms and Conditions supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of these Terms and Conditions and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in these Terms and Conditions.
- These Terms and Conditions will be governed by the laws of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
Please contact email@example.com if you have any further questions.