TERMS & CONDITIONS
The Site is intended for and directed to residents of Australia and all information, advertising and claims contained on the Site are valid in and applicable only to Australia.
3. USE OF THE SITE – PERSONAL AND NON-COMMERCIAL USE LIMITATION
(A) LICENSE TO USE THE SITE
(B) INTELLECTUAL PROPERTY
The Site and all Site Content (including but not limited to text, code, software, video, music, sounds, graphics, photographs, illustrations, products, brands, names, companies, logo’s, trademarks and other material) contained thereon is protected by Intellectual Property Laws including copyright, trademarks and other legal rights and actions, and is owned or controlled by, or licensed to, Soler SPF.
Unauthorised copying, reproduction, distribution, modification, copying, publishing, display, adapting, uploading, creating derivative works, posting, or transmitting of any of the site content is prohibited. You may not use or display any trademarks or service marks owned by Soler SPF without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
(C) ACCURACY OF INFORMATION
Soler SPF strives to accurately and completely describe its products and provide updated information on the Site; however, Soler SPF does not warrant that product descriptions and information on the Site are complete or free from error.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Soler SPF shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Soler SPF shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged. If your credit card or payment method has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or payment method in the amount of the charge.
We have made every effort to display as accurately as possible the colours of our products that appear on site. However, as computer monitors vary, We cannot guarantee that Your monitor's display of any colour will be completely accurate.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
(A) DISCLAIMER OF LIABILITY
Soler SPF, nor any person or entity involved in creating, producing or distributing any Site Content or services contained on this Site, nor any of their respective directors, officers, employees or agents, makes any warranty whatsoever, including without limitation that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, quality or content of any information, service or merchandise provided on or through the Site.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other Site Content accessed through or obtained by means of the Site.
(B) LIMITATION OF LIABILITY
To the extent permitted by law, Soler SPF, its affiliates, or any person or entity involved in creating, producing or distributing any Site Content or services contained on the Site, or any of their respective directors, officers, employees or agents, will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages of any kind arising out of or related to the use of or inability to use the Site, or the breach of any representation or warranty, whether as a breach of contract, tortious behaviour, negligence or any other cause of action, even if Soler SPF has been advised of the possibility of such damages.
In all circumstances Soler SPF’s maximum liability is limited to the amount of the most recent purchase price of the products sold to you through the Site.
Soler SPF shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells, which exceeds this liability limit. Soler SPF’s liability is limited to the extent permitted by law.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with:
(a) Notice: a party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute;
(b) Resolution: on receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must within 20 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If no mutually agreed outcome can be reached, the issue can be raised with the Tribunal or Court that hold jurisdiction over the matter (see clause 5.A)
(A) GOVERNING LAW AND JURISDICTIONAL ISSUES
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
(B) SUGGESTIONS AND FEEDBACK
We welcome feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of Soler SPF .
(C) INTERPRETATION AND ENTIRE AGREEMENT
(D) CONTACT US