TERMS & CONDITIONS
TERMS OF USE
This Terms of Use Policy is part of our Terms & Conditions.
1. GENERAL
These Terms of Use, our Privacy Policy, Returns Policy and our Sales Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this website (the “Terms”), apply to you when you view, access or otherwise use the website located at www.solerspf.com.au (the “Site”). The Site is owned and operated by Soler SPF Pty Ltd (“Soler SPF”).
By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.
Soler SPF reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.
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.
2. PRIVACY POLICY, RETURNS POLICY AND SALES POLICY
In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy and Returns & Sales Policy, each of which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, our Returns Policy contains additional information regarding returns, and our Sales Policy contains additional terms regarding your purchase of Products through the website. You agree that you have read, agreed to and understand Soler SPF ’s complete Privacy Policy, Returns Policy and Sales Policy.
3. USE OF THE SITE – PERSONAL AND NON-COMMERCIAL USE LIMITATION
(A) LICENSE TO USE THE SITE
We grant you a non-exclusive, non-transferable, limited right to access the Site and the copyrighted materials, trademarks and other proprietary information provided hereon (“Site Content”), provided that you comply fully with these Terms of Use. You agree to use the Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.
(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.
(D) COLOURS
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.
The Site is provided “as is”, without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to these terms of use.
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.
(C) DISPUTES
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)
5. MISCELLANEOUS
(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
These terms and conditions, together with our Privacy Policy, Return Policy and Sales Policy, and Soler SPF’s invoice regarding the products purchased through the Site by a user, form the complete and exclusive agreement between you and Soler SPF, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Soler SPF relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
(D) CONTACT US
If you have any questions, comments or concerns regarding these Terms of Use and/or the Site, please contact us at hello@solerspf.com.