Welcome to the Terms & Conditions for Soda Graphics.
Statement
Within these Terms and Conditions www.sodagraphics.com.au (A.B.N 46 990 495 987) is a web site referred to as “Soda Graphics”, “We”, “Our” and/or “Us”. The customer, client and/or guest in this website will be referred to as “Buyer”, “You”, “Your” and/or “You’re”.
These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply. By using this site www.sodagraphics.com.au, you agree to the Terms and Conditions of our web site (“the web site”), which is set out below. These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms and conditions.
General
Soda Graphics is a shopping website where you can browse, select and order products advertised on the site from Soda Graphics. The content on this website (www.sodagraphics.com.au) is copyright to Soda Graphics. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
Unless otherwise agreed in writing, all goods (“Goods”) sold or offered for sale by Soda Graphics are done so subject to the following terms and conditions. Soda Graphics reserves the right to vary these Conditions of sale on 30 days notice to the purchaser.
In these conditions, the expression Goods relates to the Goods that the Company proposes to sell or has sold to a purchaser, being where relevant the Goods described on the reverse side of this document, and a reference to Goods is supply only. You will be able to access the majority of this Website without having to register any details with us.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right. We reserve the right to change the Terms and Conditions at any time. The contract cannot be changed unless agreed to in writing or by e-mail.
Disclaimer
The information contained in this website is provided in good faith on an “as is” basis. Soda Graphics does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. You agree that Soda Graphics is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
Illustrations and photos contained in this Site are sample representation of the Products advertised, and variations may occur from time to time.
Terms and Condition Compliance
By using the website, completing your registration through the site and/or obtaining or ordering products from us using the site you agree to bound by, and comply with, these terms and conditions.
Registration
You may complete the customer registration process through the website before placing an order for products available through the website. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this website.
You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the website. If you choose to use a workplace email address or email address other than your own for your account or to access the website, then you are solely responsible for ensuring that you comply with the rules, policies and/or protocols that apply to the use of your email address and your workplace facilities.
Products Out of Stock
All stock availability representations (graphical or text) on this website are accurate as of our last known stock level and is subject to change without notice. Errors will be corrected as they are discovered and Soda Graphics reserves the right to revoke any offer, correct any error, omission or inaccuracy at any time (including after an order has been placed). Delivery may exceed 10 business days for some items that are manufactured to order or imported to order. From time to time Soda Graphics may be out of stock on some product lines. If however you have placed an order on a product which is out of stock or on back order we will ship it to you as soon as it becomes available in stock. Alternatively you can contact us as so alternative arrangements can be made.
Prices, Fees, Charges & Quotations
All prices shown on this website are in Australian Dollars (AUD). All Goods will be charged at the prices ruling at the date of order. Goods and services tax (GST) is not applicable.
All export prices are quoted excluding all Government taxes, charges and/or imports charged outside Australia. There may be additional charges for taxes, import duties etc for your relevant country.
The pricing of products and delivery and other charges displayed on this website are current at the time of issue, however, Soda Graphics reserves the right to change prices at any time.
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
The purchase price of each product that is ordered;
The delivery fee for delivering the products to you; and
Any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products as shown on the website are inclusive of GST (unless otherwise indicated).
Price
The purchase price of each product is shown on the product list on the website at the time you place your order. The purchase price of a product on the website may not be the same or correspond to the prices in any of our other online stores and/or market stalls for the same product. You acknowledge that we are not required or obliged to match any prices for any products.
Delivery Fees
The delivery fee is payable in addition to the purchase price of each order. A variety of different delivery methods may be used depending on the type of order and product purchased.
Soda Graphics ships orders to Australian addresses only.
At present Soda Graphics only delivers via Australia Post. If the delivery of the product is to an unattended address the product may not be delivered. If the delivery requires a signature from an occupant at the specified address and no one is available to sign for the parcel a card will be left and the parcel will be re-directed to the nearest parcel depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. At some circumstances Australia Post will use a third party courier to make a delivery.
You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
Special, non-stock and/or bespoke items;
Heavy, bulky and/or awkward items;
Express or urgent deliveries;
Or bulk or large quantity orders.
Unless Soda Graphics otherwise agrees in writing quotations given are valid for deliveries within 30 days from date of quotation. Orders placed within this period for delivery after the 30 days are subject to rise and fall adjustments. We endeavour to display products at a competitive price. We reserve the right to modify prices published on our website at any time.
Shipping
Soda Graphics will deliver each ordered product/s to the place of shipping designated by you via Australia Post. The estimated shipping times for products are during business hours (9am to 5pm) Monday to Friday excluding Qld Public Holidays. The shipping time may also vary taking into consideration public holidays in your state or territory.
Estimated shipping times may vary due to circumstances beyond our control. General orders received prior to 2pm will be dispatched within approximately 3 working days. Depending on stock and time factors the estimated dispatch time may vary.
For our other bespoke design, print and web services, not associated with this online shop, please enquire for those individual lead times.
If your order is sent via an Australia Post eParcel and the specified recipient is unable to accept delivery, an “Article Awaiting” card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time the “Article Awaiting” card is left at your premises.
If your order is shipped by a courier service and the specified recipient is unable to accept delivery, a card will be left at the premises. Please be sure to contact the courier service and arrange an alternative time and date for delivery.
If the order was left unclaimed at the Post office or the Courier service, the products will come back to Soda Graphics. We will then contact you by phone or email and we reserve the rights to impose an additional delivery fee.
Customers will be charged an additional fee to reroute an order once it has been released to the carrier. Customers will also be charged additional delivery fee to reship their order if an error is made to the shipping address at checkout.
Please contact us at info@sodagraphics.com.au if you plan to change your shipping address after payment.
Payments
We currently accept VISA and MasterCard credit cards and payments via PayPal. Any subsequent refund of orders paid by credit card will be made to the relevant credit card account.
We process payments only after you successfully complete the checkout.
Your tax invoice is your proof of purchase and is required for any warranty claims.
Orders placed on weekends or public holidays will be processed on the next business day.
Business days are Monday to Friday, excluding Qld Public holidays.
If the Customer fails to make payment by a due date, then, without prejudice to any other right or remedy, the Company will be entitled to cancel any unfulfilled order or suspend any further deliveries until the account is in order, withdraw credit facilities and/or adjust the Customer’s credit limit. If legal action is taken to recover monies due to the Company then the Company reserves the right to charge the Customer all fees incurred in such proceedings.
Credit Card Fraud
Whilst we employ the latest in technology and use Paypal’s secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Cancelling an Order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
The requested products in that order are not available; or
There is an error in the price or the product description posted on the website in relation to the relevant product in that order; or
That order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
Warranty
Due to the nature of the products, items sold do not come with warranty unless otherwise stated. Any products that do state warranty, is valid within Australia only and commences from the purchase date on your invoice.
Soda Graphics does NOT cover the return delivery costs on warranty items whether it is being shipped back to Soda Graphics These costs are to be covered by the customer.
Warranty does not cover any other associated costs regarding the item, i.e. removal of and/or replacing of the item, service fees or the like.
NO proof of purchase, NO warranty claim.
Be sure to keep your tax invoice as proof of purchase. To request another copy please contact us via email and include your name and order number. Warranty is only valid with proof of purchase on the original goods which will be warranted as long as it complies with all other terms and conditions. Warranty is NOT transferable. For assistance with a warranty claim, please contact Soda Graphics via email at info@sodagraphics.com.au.
No refund will be processed until we have received the product from you and have determined the cause of the problem. Soda Graphics will take into account general and expected wear and tear on products when considering a replacement or refund. After this point a refund will be issued if agreed upon by both parties. Refunds will only be issued to the same credit card or debit card used for the original purchase. If a new replacement item is issued for a returned warrantable item the warranty period of the new item is continued from the purchase date of the original item. The warranty period does not start again.
Defective, Faulty or Damaged Product
A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 1 day of delivery.
Whilst we take great care to ensure that your products arrive safely, sometime breakages do occur during transit. Please check your items carefully and report any damaged goods to us within 1 day of receipt. A refund or store credit is only available if the product is no longer available. Unfortunately we cannot be held liable for breakages that are not reported to us within 1 day of receipt.
Email info@sodagraphics.com.au to report any breakages.
If you receive a product that you think is defective, you are to immediately contact us by email at info@sodagraphics.com.au. Where a product is provisionally determined to be defective we will arrange to replace the product.
Where we have provisionally determined your product is defective, return shipping may be arranged at our expense.
If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $50 handling and administration fee.
Products must be returned whenever we agree to replace the product or provide you with a refund. Where you have received a faulty, damaged or defective product by our service, we may make arrangements with you to collect the product. Please ensure that all original items including packaging are returned. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
Returning of Goods
Unless you notify Soda Graphics to the contrary by email or telephone, within one (1) day of delivery of any products and such notification is confirmed in writing within one (1) day of its receipt by Soda Graphics, the products shall be deemed to have been accepted by you.
Soda Graphics will accept product returns and provide you with (at Soda Graphics’s discretion) a replacement for the product (subject to availability) an exchange voucher, refund or repair where:
The product delivered is faulty or is not of merchantable quality, or
The product delivered is not fit for its intended purpose, or
The product delivered does not match the description on the website.
If the product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the website or covered under a warranty, then please contact us by email info@sodagraphics.com.au and we will assist with your request.
To enable us to evaluate your return request, please provide us with:
The order number, invoice number or receipt number;
A detailed description of the problem or the reason for your request to the return the product;
Photograph/s of product that is damaged during transportation;
Your name and contact details.
We will evaluate your return request and issue you an authorisation notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service. When a Replacement Product is arranged a replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product. The delivery time for the replacement product may be the same as stated for the original product. Replacement products are provided with the same warranty as the original product continuing on from the initial purchase date, not the date of the replacement item.
Orders
You may order products by selecting and submitting your order through the website in accordance with these terms and conditions.
Any order placed through this website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.
You agree to provide us with current, complete and accurate details when asked to do so by the website.
Limitation of Liability
www.sodagraphics.com.au shall not be liable in contract for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
To the extent permitted by law and subject to clause 22(D) our total liability here in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
The Customer shall indemnify www.sodagraphics.com.au and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
To the extent permitted by law, www.sodagraphics.com.au and customer agree that www.sodagraphics.com.au will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered.
www.sodagraphics.com.au shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of products or services, even if www.sodagraphics.com.au has been advised of their possibility.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by www.sodagraphics.com.au shall be subject to correction without any liability on the part of www.sodagraphics.com.au.
Title & Risk
Title to and risk in the products will pass to you upon delivery from us.
The title to the goods does not pass to the customer until they have paid in full and the company has been paid for all other monies then owing to the company by the customer.
The goods are at the risk of the customer as soon as they have been delivered to or into custody of the customer or the customer’s agent.
Until property in the goods passes to the customer the goods are merely entrusted to the customer as fiduciary and the company remains the legal and beneficial owner of the goods with full power to re-sell and regain possession of them if the customer defaults in payment of the purchase price.
If the customer defaults in payment of the purchase price or if the customer becomes insolvent, the company and/or its authorised agents may at any time without notice to the customer enter onto the customer’s premises at which the goods are situated, for the purpose of recovering possession of them.
The customer agrees to indemnify the company against all costs, losses and expenses (including without limitation legal costs) incurred by the company as a result of or in connection with any default or breach of these Terms and Conditions of sale by the customer.
If the customer receives any proceeds from the sales of the goods from any other party, the customer receives those proceeds on trust for the company to be applied in payment of the purchase price for the goods and shall remit such sum forthwith to the company. All such payments received by the company shall be allocated to the oldest account due for payment.
Conflict with Customer’s Terms
If any purchase order or other trading terms of the customer conflict with or are inconsistent with any of the company’s terms and conditions of sale, then the company’s terms and conditions of sale as amended from time to time prevail, and will apply notwithstanding any conflicting or inconsistent terms of the customer.
The customer acknowledges that the sale by the company of any goods will not constitute acceptance of any conditions of purchase of the customer which conflict or are inconsistent with any of the supplier’s terms and conditions of sale, even where the company acknowledges the customer’s conditions prior to, upon or by delivery of goods.
Non-Waiver
A waiver by the Company with respect to any breach or default by the Customer shall not constitute a continuing waiver of any other breach or default or of any other right or remedy. A failure or delay by the company in exercising a right or remedy does not operate as a waiver of that right or remedy.
Sub-Contracting
The Company reserves the right to sub-contract the production, manufacture or supply of the whole or part of the Goods or any of the materials to be supplied.
General Provisions
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Your Obligations
You covenant and warrant that:
All information and data provided by you to us through the website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
The person receiving the products at the delivery address is authorised by you to do so;
You have and will comply with all relevant laws relating to your use of the website and your placement of any order to us;
You will ensure that your Login ID and password that is used to access the website and the details of your account is kept in a safe and secure manner;
You will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;
You will promptly advise us of any changes to your information provided to us as part of the customer registration process;
You are responsible for any costs associated with your access to or use of the website, including Internet access fees;
You are responsible and liable for any person that uses your Login ID and password to order product/s through the website;
You agree that we may charge you for all products that we agree to supply to you that have been ordered using your Login ID and password through the website;
You will check the labels on the products before consumption or use;
and You will not:
Use the website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
Use the website in a manner or way, or post to or transmit to or via the website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the website;
Make fraudulent or speculative enquiries, purchases or requests through the website;
Use another person’s details without their permission or impersonate another person when using the website;
Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
Tamper with or hinder the operation of the website;
Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the website;
Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the website;
Modify, adapt, translate or reverse engineer any portion of the website;
Remove any copyright, trade mark or other proprietary rights notices contained in or on the website;
Reformat or frame any portion of the web pages that are part of the website;
Create accounts by automated means or under false or fraudulent pretences;
Use the website to violate the security of any computer or other network or engage in illegal conduct;
Take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
Use the website other than in accordance with these terms and conditions; or
Attempt any of the above acts or engage or permit another person to do any of the above acts.