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Additional Terms

By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase any of our Products online. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.

ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE

These Terms of Service for Buyers (“Terms”) apply to all clients and customers, or all potential clients and customers of AmiSoleil [ABN 16779623995]  (“we, us, our”). These Terms together with the Terms of Use and any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any customer or client of ours. You must be 18 years old or older to purchase our Products. You must provide current, complete and accurate information to us, including account information, and promptly inform us of any updates to your information.

OUR PRODUCTS 

There may occasionally be errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions. The colours and images of Physical Products we display may also be different on your screen to the colours and images of the actual Physical Products. There will be some Products we display that are only available through our website, some Products with limited quantities, and some sales that are limited to certain regions or groups of people. We cannot guarantee the colours and images or the availability of the Products.

Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including shipping charges, delivery times, availability and promotions;
  • change prices or descriptions of our Products;
  • change our range of Products, or discontinue Products and/or
  • cancel orders if information is inaccurate.

DELIVERY OF OUR PRODUCTS

We deliver Physical Products purchased through our website to the Delivery Areas. We will process your delivery upon receipt of payment, and send your Physical Products via Australia Post or a reputable courier company. Delivery times will depend on your location. You must contact Australia Post or the courier company directly in relation to any late, stolen, or damaged deliveries. Any international customers are responsible for any custom and import duties.

PAYMENT TERMS

You must pay us for our Products via the Payment Methods. Any special offer coupons must be added at the time of purchase to apply; they cannot be applied retrospectively. 

CONSUMER GUARANTEES AND REFUNDS

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our website. If a Product fails to meet a consumer guarantee, please notify us at hello@amisoleil.com.au. You will have the right to have the Product repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You will also have the right to the reasonable costs of the return postage.

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds where a problem with the Products is due to your misuse, failure to comply with manufacturer's instructions, where you fail to take reasonable care, where you fail to provide us with adequate information. 

CANCELLATIONS

On occasion we may cancel an order for a Product where we are unable to fulfil it, for example where there is limited stock. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors. If you wish to enquire about wholesale, please contact us. 

TERMINATION

We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Products.

MARKETING, TESTIMONIALS

Where you provide us with any photos, videos, testimonials, and/or case studies we may use them  for marketing and information purposes, publications, exhibitions and professional awards across any print or digital medium, including any social media channel.  By providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@amisoleil.com.au. You must seek our prior written consent before any publication of information about us.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, loss or stolen Products during delivery, any late delivery, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, your misuse of any Product.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • the replacement of the products or services or the supply of equivalent products or services; or
  • the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim  arising out of or in connection with your breach of this Agreement, including , but not limited to any breach of our Intellectual Property Rights, where you provide incorrect information, and any breach of the user content rules in our Terms of Use. 

IF THERE IS A DISPUTE

If at any time our Products are not reasonably acceptable to you or we disagree on the quality you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the  Competition and Consumer Act 2010. 
Agreement means these Terms, and the Terms of Use and all other terms and conditions and policies published or linked to on our website. 
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs. 
Client means you, the client who is agreeing to these terms and conditions. 
Delivery Areas means Australia and New Zealand. 
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.  
Payment Methods means Paypal, credit card, or any other method of payment as displayed during the checkout process.
Products
 means any of our bags, sunshades, tents and blankets and any other products available through our website from time to time. 

Our Representatives means any of our employees, agents, contractors or subcontractors. 
We, us, or our means AmiSoleil [ABN 16779623995] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries. 
Website and services means www.amisoleil.com.au and everything available on this website including, but not limited to, all Products and services.