Terms and Conditions – Sole Service
Sole Service Pty Ltd (ACN 636 823 615) owns and maintains the following website (www.soleservice.com). Sole Service Ltd has its registered store at 2/254 Brighton Road, Somerton Park, South Australia, 5044.
2. ACCURACY OF CONTENT
Sole Service uses its best efforts to keep the information on the site updated. However, it is not possible to guarantee the complete absence of errors on the site. The information and other material published on this website may include inaccuracies or typographical errors. The weights, dimensions, and volumes of the products are approximate only. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. However, we cannot guarantee that your screen's display will accurately reflect the colour of the product on delivery. Changes are periodically made to the information on the site without notice to you. Sole Service reserves the right to change the site at any time, at its discretion. Sole Service does not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
Sole Service shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein. All products are pre-owned (second-hand) unless stated. Images are for illustration only. Actual item design may vary or the item may carry marks unseen in the image(s).
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, 'Terms and Conditions' concerning estimated delivery dates and times, warranties, after-sales service, and guarantees.
Please note, however, that all product descriptions and images are for display purposes only and do not represent the finished product. Additional elements such as extra straps or a dust bag are subject to availability. We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct at the time when the relevant information was entered into the system.
Although we aim to keep the website as up-to-date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.
The price of the products you order is the price that is displayed on the Site at the time you confirm your order and will be confirmed on the e-mail confirmation confirming receipt of your order. All prices are AUD$, inclusive of GST and forwarding charges. If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for the sum that has been debited from your account for the products.
4. ONLINE ORDERING
The ordering process consists of the following steps:
You create your account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sole Service does sell products for children, but it sells them to adults, who can purchase with an accepted method of payment. If you are under 16, you may use the Site only with the involvement of a parent or guardian. Sole Service and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You select your purchase.
You choose your delivery method.
You enter the delivery address.
You enter your billing address together with the payment information.
You will be asked to accept the Terms and Conditions.
Before you submit your order, you will be given the opportunity to review your selection and check the total price of your order including the shipping charges.
After submitting your order, we will send you an e-mail confirming receipt of your order. At that time.
If you pay for your purchase, you will receive an e-mail containing your payment status. As soon as the goods are shipped, you will receive a notification (the "Shipping Notification E-mail"). All orders are subject to the availability of the products at the time of dispatch. We reserve the right to cancel your order for any reason. Buying from Sole Service and consigning to Sole Service are separate transactions.
Sole Service retains the title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.
6. SALE CONTRACT
No sale contract will exist between you and Sole Service until Sole Service dispatches the products. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents a binding offer by you to purchase our products. The sale will only be binding on us once we have notified you by means of the Shipping Notification E-mail that the goods have been dispatched to you. Sole Service reserves the right to refuse an order, wholly or partially, in the following cases:
If the product is not available;
If your billing information is not correct or not verifiable;
If your order is flagged up by the security systems as an unusual order or an order susceptible to fraud;
If your bank transfer payment/reservation is not received timely;
If we have reason to believe you are under 18;
If we have reason to believe you are a reseller;
If there was an error in the price quoted;
If we could not deliver to the address provided by you;
7. DELIVERY INFORMATION
We deliver from Monday to Friday, except for public holidays. Through our Site, the products are delivered to the countries that can be selected.
We will use all reasonable efforts to deliver the products ordered within the time-frame indicated on the individual order confirmation to the User. Such timeframes are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User. All goods will be dispatched from Sole Service. If your product is not delivered within the specified time frame, please contact us with your order reference. You may then treat the sale contract as at an end and request a full refund for the relevant products as your only remedy. You may also specify a new delivery period that is appropriate in the circumstances and require Sole Service to deliver the products before the end of that period; and then, if Sole Service does not deliver in that extended period you may treat the sale contract as at an end and request a full refund for the relevant products.
We only ship via a professional courier, locally in Australia with Australian Post, Couriers Please, Sendle and TNT & internationally with DHL or Australia Post. We always require someone to sign off for delivery. You accept that a delivery is signed off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over. If there is no one present at the time of delivery, you will be asked to contact our courier service to arrange an alternative delivery date. If you change our delivery from “Signature required at delivery” to “Authority to leave” and the parcel goes missing Sole Service has no responsibility for the item or the loss of the item. No refund will be given and no liability is heldby Sole Service.
9. CUSTOMS DUTIES & TAXES FOR INTERNATION SHIPMENTS
Items you purchase that must be shipped internationally may be subject to customs duties and sales or Value Added Tax (VAT) set by the destination country. These fees are not calculated prior to customs clearance in that country and are in addition to the price and shipping cost you are charged when checking out on Sole Service. (VAT is normally excluded from the price of a piece, it is a good idea to contact the local customs agency to verify the import charges.) To complete your purchase, you will be asked to acknowledge that customs duties and taxes may apply.
If your purchase is subject to customs duties and sales tax or VAT, your shipping provider will contact you about these fees, which must be paid before delivery of your purchase is scheduled. It will also request personal information, such as your EIN, IRN or SSN, for customs processing. Please note that shipping delays due to customs processing are not uncommon.
Although we do not have control over customs delays and are not involved in the determination or collection of these fees, feel free to contact us if you have questions about customs or would like a general cost estimate.
10. RIGHT TO CANCEL
You have the right to retract/cancel the sale contract within 14 days without giving any reason. The retraction/cancellation period will expire:
(i) after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products; or
(ii) in the case of a sales contract relating to multiple products ordered by you in one order and delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the last of the products.
To exercise the right of retraction/cancellation, you must inform us of your decision to cancel this sales contract by a clear statement (e.g. a letter sent by post, or email email@example.com). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
11. EFFECTS OF CANCELLATION
If you retract/cancel the sale contract, we will reimburse you all payments received from you, except the cost of delivery.
- We make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling from you. We will make the reimbursement without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- You should return the goods to us in the manner directed by us.
Risk of loss and title for goods remains with the customer until received by Sole Service recommends the use of an insured/traceable method of transit for goods being returned to us. All items will be dispatched to you bearing a Quality Control label. Once removed, the goods will be deemed to have been accepted by you and not eligible for return or the order cancelled. This does not affect your statutory rights as a consumer.
12. PAYMENT PLAN TERMS
We offer a PAYMENT PLAN service which allows our customers to reserve merchandise with a required minimum 30% deposit down which can be known as 'Initial Payment' (NON-REFUNDABLE, NON-CANCELLATION towards purchase price). Merchandise put on the payment plan is kept by Sole Service until the balance is paid off in full.
Payment of every two weeks is suggested, but can be paid sooner; all payment plans must be paid in full to Sole Service within the time chosen at purchase (4 to 8 weeks). Should the payment plan be cancelled by the purchaser, the initial deposit will be forfeited.
13. LIMITATION OF LIABILITY
The terms and conditions of this sale contract do not affect your statutory rights. We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Site, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence or wilful misconduct.
We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the sale contract for:
(a) any losses which are not foreseeable by both parties to the sale contract at the time such sale contract is formed arising in connection with the supply of the products and related service or their use by you;
(b) any losses which are not caused by any breach by us;
(c) business or trade losses.
We will not be liable to you for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site. Our entire liability in connection with the sale contract will not exceed the current market value of the goods in question. Sole Service is under a legal duty to supply the ordered products that are in conformity with the sale contract.
You warrant that:
The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
You will notify us immediately of any changes to the personal information by contacting us.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
(a) Legal Warranty: Consumers are entitled to the legal warranty. It covers the lack of conformity of the goods at the time of delivery. Sole Service undertakes to replace or repair the concerned goods (or parts) free of charge. Sole Service reserves the right to exchange the article if the costs for a repair are disproportionate, or if a repair is impossible. The consumer has the burden of proof to show that defects that appear after a period of 6 months following delivery were in place at the time of delivery.
17. QUESTIONS, COMPLAINTS, COMMENTS OR SERVICE CONTACT
If you have any questions, or if you have technical problems accessing information on our Site, please contact: firstname.lastname@example.org
18. USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS
All brand names, product names, and titles used on the Site are trademarks or trade names of Sole Service or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as this may constitute an infringement of the holders' rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Sole Service or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Sole Service’s prior written consent.
Sole Service grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express 'written' consent of Sole Service. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express 'written' consent of Sole Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sole Service and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sole Service’s name or trademarks without the express written consent of Sole Service. Any unauthorized use terminates the permission or license granted by Sole Service. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Sole Service so long as the link does not portray Sole Service, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Sole Service logo or other proprietary graphic or trademark as part of the link without express written email@example.com; Sole Service; and other marks indicated on our site are registered trademarks of Sole Service or its subsidiaries, in Australia. soleservice.com.au; Sole Service; and other Sole Service graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Sole Service or its subsidiaries. Sole Service's trademarks and associated images may not be used in connection with any product or service that is not Sole Service’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sole Service. All other trademarks not owned by Sole Service or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sole Service or its subsidiaries.
19. USE OF INFORMATION AND SUGGESTIONS BY YOU REGARDING THIS SITE
20. USE OF YOUR SUGGESTIONS TO SOLE SERVICE REGARDING NEW PRODUCTS FEATURES OR PROCESSES
(a) A submission will not in any way establish a confidential relationship nor will it place Sole Service in the position of receiving a submission in trust and Sole Service shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
(b) Sole Service shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
(c) No obligation is assumed by Sole Service or may be implied by the receipt or examination of the submission unless or until a formal written agreement is signed by Sole Service and by you, and then Sole Service’s obligations shall be only as expressed in that written agreement.
Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:
Terms and Conditions: these terms and conditions and all its additions or updates.
Product: product displayed for sale on the Site
Product Description: that part of the Site wherein certain terms and conditions in respect of the individual product are provided
Personal information: the details provided by you
Sole Service /We/Us: Sole Service Pty Ltd
You: the customer
Affiliates: any website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with Sole Service which
compensates the affiliate for transactions resulting from business directed to the Sole Service website by the affiliate.
Order: the result of the ordering process as described in Article 4 of the Terms and Conditions.
User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
Shipping Notification E-mail: electronic notification containing details of shipping means and timings.
Site: a collection of web pages grouped together under the address http://www.soleservice.com.au.
23. GOVERNING LAW
Any dispute regarding the validity, interpretation, and/or execution of the Terms and Conditions is solely governed by the laws of Australia. This clause does not affect your statutory rights. The User agrees that in the event of a dispute with respect to the use of the Site, electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid evidence.
If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.
24. ENTIRE AGREEMENT
These Terms and Conditions supersede all prior terms applied to the User. For any questions, remarks, or technical issues with respect to this Site, please contact us.
These terms and conditions were last updated on 5th July 2023.