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Terms & Conditions

AS & AS Pty Ltd (ABN 65 637 407 704) trading as Soma Vitamins


These Terms

1.     These terms and conditions (these Terms) form an agreement between you (you or your) and AS & AS Pty Ltd (ABN 65 637 407 704) (we, us or our).

2.     These Terms incorporate and must be read with our Privacy Policy available here and our Shipping and Returns Policy available here.

Definitions

3.     The following definitions and principles of interpretation apply in these Terms, unless the context requires otherwise:

3.1.     Business Day means any day other than a Saturday or a Sunday or a day declared or gazetted as a public holiday in Melbourne, Victoria, Australia.

3.2.     Product means the product or products provided by us to you.

3.3.     Fees means the fees and charges payable by you to us for our provision of the Products in accordance with these Terms.

3.4.     Website means the Soma Vitamins Website, available here: www.somavitamins.com.au

3.5.     Words in the singular include words in the plural, and vice versa.

Eligibility

4.     You acknowledge and agree that only persons who are 18 years old or older may purchase the Product.

The Product

5.     We do not warrant or guarantee that the Product will provide you with an improvement or desired outcome in respect of any issue or condition for which you have sought the Product.

6.     You must ensure your use of the Product is only in accordance with the intended use of the Product, the manufacturer’s instructions, and any instructions provided or made available to you by us.

7.     You release us from all present and future claims, responsibilities and liabilities whatsoever arising in connection with your and/or any third party’s use or possession of the Product, which is contrary to: (a) the intended use of the Product; and/or (b) the Product manufacturer’s instructions; and/or (c) any instructions provided or made available to you by us.

8.     You indemnify us and hold us harmless against any claim or proceeding, and against any liability, loss or expense arising in connection with your and/or any third party’s use or possession of the Product, and/or the condition of the Product, which is contrary to: (a) the intended use of the Product; and/or (b) the Product manufacturer’s instructions; and/or (c) any instructions provided or made available to you by us.

Product Orders

9.     By placing an order for the Product on our Website, you are offering to purchase the Product subject to these Terms.

10.  We reserve the right to accept or decline your order for any reason after you have placed the order.  Email confirmation of your order does not constitute acceptance of the order or an offer to sell the Product.

11.  Where the Product is listed at an incorrect price on our Website due to a typographical error, we have the right to refuse or cancel orders placed for any Product listed at an incorrect price.

12.  You acknowledge and agree that sometimes, the Product may be out of stock or unavailable and we may not be able to fulfil all or part of your order.  If this happens, we will use reasonable endeavours to obtain the Product or contact you as soon as possible to:

12.1.   offer a full or partial refund for the price paid for the Product which we are unable to supply; or

12.2.   provide you with the option to change your order to a different Product or quantity of the Product.

Fees

13.  You must pay us any Fees applicable to the Product you have ordered, at the time of placing the order.  You may pay the Fees by Visa, Mastercard, American Express, Google Pay, Apple Pay or Afterpay.

14.  Our fees are advertised on our Website and include GST.

15.  If you are entitled to a refund of any Fees (in accordance with our Shipping and Returns Policy) and your purchase was made through Afterpay, the refunded money will be returned in accordance with Afterpay’s policies. To find out more about Afterpay, visit: https://www.afterpay.com/en-AU

Accounts

16.  If you create an account on our Website (Account), you are responsible for any activities on that Account and maintaining the security of the Account.

17.  If you create an account for any person/s other than you, you warrant that you have the authority and consent of that person to bind them to these Terms, and you warrant that you have each such person’s consent to share their personal information for this purpose.

18.  If you suspect your Account may be vulnerable to, or has been subject to, unauthorised use you must notify us immediately.

Intellectual property

19.  Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Product and our Website, whether or not you contribute to such material.

20.  Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, the Website must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express written consent.

21.  We grant you a limited, revocable, and non-exclusive licence to access and use our Website (Limited Licence). The rights granted to you by the Limited Licence are personal, and are intended to allow you to access and use the Website for the purpose of accessing information about or purchasing the Product.  You must not access or use our Website for any other purpose, including commercial purposes.

Limitation of liability and indemnity

22.  To the extent permitted by law, we are not responsible for and you release us from all liability in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: your breach of these Terms; your negligent conduct; any failure by you to follow any advice or recommendation that we provide you; any failure by you to follow the directions and warnings on the Product packaging or our Website which are associated with the Product.

23.  To the extent permitted by law, you agree to indemnify us against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these Terms.

Disclaimer

24.  To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, we provide no representations or warranties of any kind in relation to the Product or information or content contained on our Website, other than those set out in these Terms.

Australian Consumer Law

25.  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

26.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

27.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

28.  A product has a ‘major failure’ when a consumer would not have purchased the product had they known about the extent of the failure, or the where the product is different from its description or sample provided, or where the product is substantially unfit for its common purpose or the purpose you asked for and can’t easily be fixed within a reasonable time, or where the product is unsafe.

29.  You must contact us via our Website to make any claim under the Australian Consumer Law.  We will assess the claim, and will contact you and confirm if you are entitled to a remedy.

Shipping and Returns

30.  Our terms and conditions relating to shipping and returns are set out in our Shipping and Returns Policy, which is available here.

International Customers

31.  Where you request that a Product is shipped to any country outside Australia, you agree that we are not responsible for any customs restrictions or regulations, or excise, duties or taxes, in that country.

Privacy

32.  We will handle your personal information and health information according to applicable privacy laws and our Privacy Policy available here

Third Party Information

33.  We may provide links to or information from third party applications or websites through our Website (Third Party Information).  We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information.  Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information.  Linked third party applications or websites may have their own terms and conditions of use and privacy policies, and you should familiarise yourself with those terms and conditions and privacy policies when using such third party applications or websites.

Updates to these Terms

34.  We may from time to time amend or update these Terms at any time by publishing new Terms and making these terms available to you (e.g. by emailing you or providing you with the updated Terms when you next purchase our Product). You are bound by any such new Terms where you continue to use our Website or purchase our Product after any such amendment or update of the Terms.

Miscellaneous

35.  Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

36.  These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.