Terms & Conditions
SONERS PTY LTD TRADING AS SOFT TOPS ONLINE ACN: 662 947 337
1. About the Website
1.1. Welcome to our website www.softtopsonline.com.au (Website) operated by SONERS PTY LTD trading as SOFT TOPS ONLINE (ACN: 662 947 337) (SOFT TOPS ONLINE) for the provision of goods and services including but not limited to car decorations (Services).
1.2. The Services provided through this Website are for residents and citizens of Australia residing in Australia at the time of subscribing and accessing the Services only.
1.3. Access to and use of the Website, or any of its associated products or Services, is provided by SOFT TOPS ONLINE. Please read these Terms and Conditions (Terms) carefully. By using, browsing and/or reading the Website and/or by using our Services, this signifies that you have read, understood, and agreed to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the associated products or Services immediately.
1.4. SOFT TOPS ONLINE reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SOFT TOPS ONLINE updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SOFT TOPS ONLINE in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the Services and all of the related products of SOFT TOPS ONLINE are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by SOFT TOPS ONLINE or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by SOFT TOPS ONLINE, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Subscriber to:
3.2.1.use the Website pursuant to the Terms;
3.2.2.copy and store the Website and the material contained on the Website in your device's cache memory; and
3.2.3.print pages from the Website for your own personal and non-commercial use. SOFT TOPS ONLINE does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by SOFT TOPS ONLINE.
3.3. SOFT TOPS ONLINE retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: 3.3.1.business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
3.3.2.a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
3.4. You may not, without the prior written permission of SOFT TOPS ONLINE and the permission of any other relevant rights owners or contributors, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.1.1.Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
5.1.2.If you believe that you are entitled to a refund under the law, please contact our customer support team promptly via firstname.lastname@example.org and provide proof of purchase and relevant details.
5.2. Subject to this clause, and to the extent permitted by law:
5.2.1.all Terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
5.2.2.SOFT TOPS ONLINE will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is" and “as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SOFT TOPS ONLINE make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SOFT TOPS ONLINE referred to on the Website, including (but is not restricted to) loss or damage you might suffer as a result of any of the following:
5.3.1.failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
5.3.2.the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services-related products (including third-party material and advertisements on the Website);
5.3.3.costs incurred as a result of you using the Website, the Services or any of the products of SOFT TOPS ONLINE; and
5.3.4.the Services or operation with respect to links that are provided for your convenience.
6. Returns for a change of mind
6.1. You are not entitled to return simply for a change of mind.
7.1. You are entitled to a replacement for a change of mind.
7.2. Replacement is subject to SOFT TOPS ONLINE's absolute discretion and the following conditions:
7.2.1.the replacement request must be made within 30 days from the date of purchase; 7.2.2.proof of purchase must be provided by the time the replacement request is made; 220.127.116.11% of the amount you have paid for the Services (Restocking Fee) shall be paid by the time you make the replacement request;
7.2.4.you acknowledge and agree that the Restocking Fee is a genuine estimation of SOFT TOPS ONLINE's reasonable costs to accommodate your replacement request; 7.2.5.you are responsible for costs and expenses associated with the replacement; 7.2.6.the returned goods must be in its original, unopened condition, including all packaging, tags, and accessories; and
7.2.7.the replacement clause does not apply to indent orders.
8.1. All goods will be delivered via Australia Post.
8.2. No goods will be shipped until full payment of Service and associated shipping fee and other expenses associated with Service have been received by SOFT TOPS ONLINE.
8.3. SOFT TOPS ONLINE is not responsible for any loss, damage, expenses, or inconvenience of any nature associated with the delivery after goods has been handed over to Australia Post. The exemption includes but is not limited to delays in delivery, theft of parcels, etc.
9. Payment and invoicing
9.1. The following payment methods are acceptable by SOFT TOPS ONLINE:
9.2. You are responsible for the security of your payment details or any of your information while dealing with any third party.
9.3. SOFT TOPS ONLINE will provide a tax invoice for every transaction.
9.4. All prices are inclusive of Goods and Services Tax (GST). Shipping fees are separate and will be included in the total transaction cost. Shipping costs vary depending on the delivery address location.
10. Limitation of liability
10.1. You expressly understand and agree that, to the maximum extent permitted by law, SOFT TOPS ONLINE, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.2. SOFT TOPS ONLINE's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed cost of resupplying or rectifying the Services to you.
11.1. You agree to indemnify SOFT TOPS ONLINE, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
11.1.1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
11.1.2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
11.1.3. any breach of the Terms.
12. Dispute Resolution
12.1.1. 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 (except where urgent interlocutory relief is sought). 12.2. Notice:
12.2.1. 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.
12.3.1. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
12.3.2. Within 14 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;
12.3.3. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian
Mediation Association or the Conflict Resolution Service or his or her nominee;
12.3.4. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
12.3.5. The mediation will be held in Sydney, New South Wales, Australia
12.4.1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice" negotiations for the purpose of applicable laws of evidence.
12.5. Termination of Mediation:
12.5.1. If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
13.1. The Services offered by SOFT TOPS ONLINE are provided through operation located in Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
14. Governing Law
14.1. 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. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the Parties hereto and their successors and assigns.
15. Independent Legal Advice
15.1. Both Parties confirm and declare that the provisions of the Terms are fair and reasonable and both Parties have had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.