In these Sales Terms and Conditions (Sales Terms) "we", "us" or "our" mean Soul Activewear (83872118763), its successors and assignees, (referred to as " we", "us" or "our") and you, the person, organisation or entity that purchases products or related services from us (referred to as "you" or "your"), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.soulactivewear.com.au (Site).
These Sales Terms form the agreement under which we will supply products and related services to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.
You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.
Products, Services and Orders:
You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.
It is your responsibility to check the order details, including product/service and pricing, before you complete your order on the Site.
We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.
You can cancel your order at any time prior to placing your order.
The products and services are sold to you for your personal use only, and you agree not to on-sell or resell the products or services to any third party without our written consent.
Price and Payments:
You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product/service, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.
You must pay for the product or services by one of the methods set out on the Site. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
Availability and Cancellation:
All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services.
If there is a considerable delay in dispatching your order or supplying services to you, or if for any reason we cannot supply a product or service you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product or service is available (as the case may be).
Location: We deliver Australia wide.
Cost: The cost of delivery will be as set out on the Site, and will not be refundable. The delivery costs are transport costs only, and does not cover import or customs duties, levies, taxes or liabilities of any kind that may apply in any destination country. We do not accept, and expressly exclude, any liability for any delays, duties, taxes or levies that may apply in any destination country, or if the products are rejected for any reasons whatsoever at the destination country, and will not accept any return, refund or cancellation due to any such delay, duty, tax, levy or rejection.
Timing: We will normally dispatch the product within 72 hours (on business days in New South Wales Australia (AEST)) of receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order. It is your responsibility to track the delivery of the products, and we will not be responsible if you are not notified by your country’s postal authority that items are awaiting payment of any applicable import or customs duties, taxes, levies or other liabilities.
Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery. It is your responsibility to organise to pick up your order from your local post office, or contact the courier company to arrange another delivery date and time.
Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the product to your nearest post office.
Title and Risk: Title in the products will not pass to you until the later of delivery (either at your delivery address or nearest post office), or your payment has been processed or otherwise received by us. Risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.
Discount Codes and Promotions: We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
Intellectual Property Rights
Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties
Dispute Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales, Australia to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.
Consumer Law, Return, Refund and Exchange Policy
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure."
Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a "consumer" under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Warranties: Except for your Statutory Rights, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
Exchange and Refunds Policy: We offer exchanges and/or refunds only where the products:
are faulty (other than where the fault is caused by you) or are misdescribed by us (as determined by us in our sole discretion)
We will not offer an exchange or refund for any other reason. Items must be returned to us within 14 days of your receipt of the order to be eligible for an exchange or refund. Items returned beyond this period will not be accepted by us, and will remain your responsibility. All items need to be returned to us in their original condition, in the original packaging, unworn, unwashed, and complete with original labels, tags, and promotional items to be eligible to be exchanged or refunded. If you are entitled to a refund or exchange, we will only grant you the refund or exchange once evidence of the faulty product or misdescription is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund or exchange under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service. We will only exchange items of equal or lesser value, limited to change of design, size or colour, and subject to availability. In relation to products that are the incorrect size, we will only offer refunds where the product in the required size is unavailable, and only if the returned product complies with this clause. We will not be responsible for the payment of any delivery costs or any import or customs duties, taxes, levies or other liabilities that may apply.
Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.
Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
Change of mind: We do not accept returns for change of mind or circumstances.
30 day money back guarantee. We offer a 30 day money back guarantee on all of our products if they come purchased faulty, split or tear in the crutch, logos fall off or stitching is faulty. Photos must be emailed into our head office for evaluation before a replacement is sent out. Customer must organise and pay for the return shipping. Once the decision has been made we will send you out a replacement or a size that we have available left in stock. We have the right to refuse a replacement if we find the fault has been caused by the customer, eg wearing a size too small, getting the garnet caught on a sharp edge, washing the garment incorrectly, putting the garment in the dryer ect. Please email email@example.com if you need to address this issue.
Limitation of Liability and Disclaimers:
While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
Our liability is governed solely by the ACL and these Sales Terms.
To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and
we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Sales Terms.
This clause will survive termination of these Sales Terms.
Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Termination: We reserve the right to refuse supply of the products or services ordered by you if you breach any of these Sales Terms, including if we suspect that you are on-selling or reselling the products or services to third parties without our consent, at our sole and unfettered discretion.
GST: If and when applicable, GST payable on our services or products will be set out on the Site. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control.
Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.
Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing