TERMS & CONDITIONS
Last updated December 2021
These terms and conditions (Terms) govern your use of the eCommerce Store website sohi.com.au (eCommerce Store or Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, SoHi Spirits, ABN 15 646 670 288, NSW LIQP770017813 (sohi.com.au, our, we or us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
USE OF THE WEBSITE
1.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
1.2 YOUR OBLIGATIONS
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of eCommerce Store;
use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact the reputation of eCommerce Store, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
instigating or participating in a denial-of-service attack against the Website.
1.3 INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects;
the Website will be accessible at all times;
messages sent through the Website will be delivered promptly, or delivered at all;
information you receive or supply through the Website will be secure or confidential; or
any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
1.4 INTELLECTUAL PROPERTY
eCommerce Store retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from eCommerce Store or as permitted by law.
1.5 LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility.
We have no control over the content of the linked websites, and we are not responsible for it.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
eCommerce Store does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
1.7 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately at firstname.lastname@example.org.
(Limitation of liability) To the maximum extent permitted by applicable law, eCommerce Store excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by eCommerce Store.
Claims for loss of or damage to Goods in transit must be made against the carrier.
Goods sold by eCommerce Store will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, eCommerce Store’s liability for breach of that non-excludable condition, warranty or guarantee will, at eCommerce Store’s option, be limited to:
in the case of goods, their replacement or the supply of equivalent goods or their repair; and
in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(Indemnity) You agree to indemnify eCommerce Store and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any goods or services provided by eCommerce Store.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will eCommerce Store be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by eCommerce Store (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
2.1 OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website’s functionality (Purchase Order) you represent and confirm that you:
have the legal capacity and are of sufficient age (18+) to enter into a binding contract with us; and
are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(Payment obligations) Unless otherwise agreed in writing:
in all other circumstances, you must pay for all Goods prior to eCommerce Store dispatching the Goods for delivery; and
you must not set off any money alleged to be owing by eCommerce Store against money due by you to eCommerce Store.
All prices on sohi.com.au are in Australian dollars and are inclusive of GST. SoHi Spirits accepts payments via credit card (Visa, Mastercard or American Express), ShopPay, Apple Pay or Google Pay.
Prices are subject to change without notice.
By purchasing a product online from SoHi Spirits, you agree to pay an amount totalling the sum price of each product ordered at the time you make the order, the cost of delivery, and any subsequent fees required.
(Card surcharges) eCommerce Store reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express) and PayPal.
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
2.4 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2.5 DELIVERY AND SHIPPING
(Delivery) For Goods to be delivered, eCommerce Store may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by eCommerce Store.
(Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
2.6 TITLE AND RISK
(Title) Until the price of Goods is paid in full, title in those Goods is retained by eCommerce Store.
(Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
2.7 RETURNS & EXCHANGES
Returns of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause 7;
(Proof of Purchase) As a condition precedent to us considering any refund or exchange, you must be able to provide valid proof of purchase of the Goods you seek to return or exchange.
(Change of mind return) We do not accept change of mind returns.
(Faulty products) The following process applies to any Goods you believe to be faulty.
If you believe your Goods are faulty, please contact us within 3 days at email@example.com with a full description of the fault (including images if possible).
If we determine that your Goods may be faulty, we will request that you send the product back to us for further inspection. We reserve the right to further inspection before deeming a product faulty.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund or exchange. All refunds will be credited back to your original method of payment unless you request otherwise, and we approve this request.
If you fail to comply with the provisions of this clause 7 in respect of faulty Goods, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such faulty Goods.
2.8 DISCOUNT CODES / PROMOTIONS
Discount codes are subject to standard promotion T&C’s and cannot be used in conjunction with any other offer or with sale items. All sale items will be excluded from valid discount codes during the sale period.
From time to time we may run promotions on our website which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).
Collecting Personal Information
Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
Disclosure for a business purpose: shared with our processor and technology vendors Klaviyo and Starshipit and shipping provider Australia Post.
Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Source of collection: collected from you.
Disclosure for a business purpose: shared with our processor and technology vendors Klaviyo and Starshipit and shipping provider Australia Post.
Customer support information
Examples of Personal Information collected: name, billing address, shipping address
Purpose of collection: to provide customer support.
Source of collection: collected from you.
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
We use BigCommerce to power our online store. You can read more about how BigCommerce uses your Personal Information here: https://www.bigcommerce.com/privacy/.
We use Facebook, Instagram and Pinterest to advertise and remarket to our customers and prospective customers. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Using Personal Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
The performance of the contract between you and the Site;
Compliance with our legal obligations;
To protect your vital interests;
To perform a task carried out in the public interest;
For our legitimate interests, which do not override your fundamental rights and freedoms.
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor BigCommerce uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see the BigCommerce GDPR knowldgebase: BigCommerce General Data Protection Regulation.
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
PO Box 109 Bowral NSW 2576, Australia
Last updated: December 2021