Terms and conditions
These terms and conditions are the contract between you and Sopra (referred to in this Agreement as “us”, “we” or “our” etc.). By visiting or using the soprahomewares.com.au website (and the mobile site), and our social media pages ("Website") you agree to be bound by them. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read the following terms and conditions carefully before accessing or using our website. If you do not agree with all the terms and conditions of this agreement, you should not use the website or any services.
We may update or change these terms and conditions at any time, and changes will be posted on our website. By continuing to use the website, you agree to be bound by the changes.
1. Definitions
In this agreement:
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“Carrier” |
means any person or business contracted by us to carry Goods from us to you. |
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“Content” |
means any content in any form published on Our Website by us or any third party with our consent. |
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“Goods” |
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. |
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“Our Website” |
means any website of ours, and includes all web pages controlled by us. |
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"Post" |
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly. |
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $100 per hour.
2.9. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he/she does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if your delivery address is in a country we do not serve.
4. Online Store Terms
4.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
4.2. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or phone number/billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. At any time before the goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
(a) Accept the alternatives we offer;
(b) Cancel all or part of your order.
5. Information on this Website
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Price and payment
6.1. The price is as set out in the order. You must pay us the purchase price for each product you order, plus any applicable delivery costs as set out on the site. All prices on our website are in Australian Dollars and include goods and services tax (“GST”).
6.2. Prices are subject to change for any reason at any time without notice, but changes will not affect orders which we have already processed.
6.3. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
6.4. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
7. Pre Orders
7.1. Pre Orders are the Goods that are available to order via our website prior to physical stock being available.
7.2. When placing a Pre Order on Sopra, you will be required to provide certain information, such as billing and address information. You represent and warrant that all such information is kept current. Sopra shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information.
7.3. You will be charged the full price of products at the time of placing the pre order. If we are unable to commence shipping the products within 2 months of you placing the Pre Order, Sopra shall process a full refund to you.
7.4. Sopra will fulfil pre orders in the order in which the Pre Order is received.
7.5. Although we will make efforts to process and dispatch product as soon as reasonably practical, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, it is subject to change and Sopra does not represent or warrant that it will be able to ship the Product by the estimated date.
7.6. If for any reason your pre order is delayed and not available within a month of expected delivery, and you do not wish to continue to wait for your Product, you may request a full refund.
8. Security of your credit card
8.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
9. Delivery and pick up
9.1. We will use our best efforts to meet the stated timeframes for delivery, however, during busy seasons, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post). Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.2. Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
9.3. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
9.4. A signature may be required for some deliveries. You are responsible for ensuring you are able to accept delivery. We will not be responsible:
(a) for late delivery where attempted delivery has occurred on or before the stated delivery time frames;
(b) for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
(c) for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item's carrier.
9.5. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.6. Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.7. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.8. We are happy for you to pick up Goods from our warehouse provided you make an appointment in advance and payment has been received into our bank.
9.9. If you pick up Goods from our premises then:
(a) Goods are at your risk from the moment they are picked up by you or your Carrier from our warehouse;
(b) You agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
10. Liability for subsequent defects
10.1. We will replace or refund Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is defective, the following conditions apply:
(a) The defect must be reported to us within 5 days of becoming apparent;
(b) The defect results only from faulty design or manufacture;
(c) You have returned the defective Goods or parts to us if we have so requested.
10.2. If we agree that we are liable, we will refund the cost of return postage and will repair or replace the Goods free of charge.
10.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11. Goods returned
11.1. You may return the Goods if there was a defect in the Goods at the time of purchase, or/and we have agreed in correspondence that you may return them.
11.2. Before you return the Goods to us, please carefully re-read the instructions/user manual provided and check that you have assembled it correctly and complied with any provisions relating to the usages of the Goods.
11.3. So far as possible, Goods should be returned:
(a) with both Goods and all packaging as far as possible in their original condition;
(b) securely wrapped;
(c) including our delivery slip
11.4. You must contact us via email that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.5. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
11.6. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months.
11.7. If we agree that the Goods are faulty, we will:
(a) Shoulder the cost of return postage;
(b) Replace or refund the Goods.
12. Disclaimers
12.1. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
12.2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
12.3. We give no warranty and make no representation, express or implied, as to:
(a) The quality of the Goods;
(b) Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
(c) The correspondence of the Goods with any description;
(d) The adequacy or appropriateness of the Goods for your purpose;
(e) The truth of any Content on Our Website;
(f) Non-infringement of any right.
12.4. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
12.5. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
13. Your account with us
13.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
13.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14. Prohibited Users
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content:
14.1. for any unlawful purpose;
14.2. to solicit others to perform or participate in any unlawful acts;
14.3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
14.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
14.5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
14.6. to submit false or misleading information;
14.7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
14.8. to collect or track the personal information of others;
14.9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
14.10. for any obscene or immoral purpose; or
14.11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
15.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
15.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
15.3. download any part of Our Website, without our express written consent;
15.4. collect or use any product listings, descriptions, or prices;
15.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
15.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
15.7. share with a third party any login credentials to Our Website.
15.8. Despite the above terms, we now grant a licence to you to:
(a) create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you are not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
(b) you may copy the text of any page for your personal use in connection with the purpose of Our Website.
16. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1. your failure to comply with the law of any country;
16.2. your breach of this agreement;
16.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
16.4. a contractual claim arising from your use of the Goods;
16.5. a breach of the intellectual property rights of any person.
17. Intellectual Property
17.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
17.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
17.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
17.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
18. General
18.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
18.2. Where we provide Goods without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Goods.
18.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
18.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control, including any labour dispute between a party and its employees.
18.9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.10. The validity, construction and performance of this agreement shall be governed by and interpreted in accordance with the laws of Victoria, Australia. You agree that any dispute arising from it shall be litigated only in the State of Victoria, Australia.