General terms & conditions

Terms and Conditions

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Payment

All orders are in Australian Dollars (AUD). You must pay for your products purchased on this website at the time of placing an order.

We accept all major credit cards including MasterCard and Visa.

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Discount codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.

The conditions of use relating to any discount code will be specified at the time of issue.

Delivery

It is the customer’s responsibility to ensure their delivery details and product order is correct upon checkout.

Should a delivery be "Returned to Sender" due to an incorrect delivery address provided by the customer or failure to collect the delivery from the designated local post office or courier outlet due to nondelivery card being left at the delivery address, the order will incur a return to sender fee and freight charges for the original dispatch are non-refundable.

Cancellation of online orders

Once an order is placed, unfortunately amendments or cancellations are not possible. All online orders can be returned within 14 days of receiving your order if you change your mind, subject to the Returns Policy & Procedure.

Terms of sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. In order to contract with Soho Bay you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Soho Bay retains the right to refuse any request made by you.

Whilst we will endeavour to update stock levels, your item may be sold out and we will issue a refund if your order cannot be fulfilled.

Contract

When you place an order, you will receive a confirmation email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Ownership

Unless otherwise indicated, Soho Bay owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Soho Bay. Except for viewing the content for your own personal non-commercial use, Soho Bay does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Cookies may be used in some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics, we may anonymously log information, and identify categories of users by items such as domains and browser types.

Information and services at the site

Soho Bay updates the Website regularly, however, Soho Bay makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Soho Bay excludes all terms, conditions and representations express or implied.

Indemnity

Soho Bay is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other torts, arising out of or in connection with access to this Site or the information contained in it. Soho Bay does not warrant that the Website will be uninterrupted or error-free.

Termination of use

You may stop using the Website at any time for any reason. Soho Bay reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these terms. The suspension or termination shall not affect either party’s rights or liabilities.

Soho Bay may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Soho Bay reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.

Security

When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Soho Bay. You assume all risk and liability of your use of the Website, the internet, or any such third party networks, including access to the website via such media. Soho Bay recommends users review each website’s privacy statement before disclosing any personally identifiable information.

Outages

Soho Bay reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.

Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these terms will not constitute failure of consideration.

Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by Soho Bay to act or enforce these Terms immediately will not be considered a waiver of Soho Bay’s right to take any such action.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please Contact Us if you have any complaints or comments.