Terms of use
TERMS OF SERVICE
(ABN: 94 496 878 547)
OVERVIEW
This website is operated by SOFIA.KAY. Throughout the site, the terms "I", "I'm", "I've", "me", “we”, “us” and “our” refer to SOFIA.KAY. SOFIA.KAY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PRODUCT AVAILABILITY
All orders are made subject to availability. Whilst I try my best to make sure products are available for delivery, there may be some situations where products are unavailable, especially when their is a shortage of fabric or materials at that time.
If I cannot complete your order, or a part of your order, we will notify you within a short time frame after the completion of your order. Keep in mind that I may need to decline your order, or decline part of your order in this situation. If your order is declined or cancelled, I will refund in full all amounts you have paid. However, I may contact you to inform you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order in the situation of a postponed delivery date (or an additional item).
PRICING
You will be charged in full at the time of ordering a SOFIA.KAY product by providing SOFIA.KAY with a valid credit or debit card issued by a bank acceptable to us, or a valid PayPal account. Whilst we try and warrant that all, descriptions, details and prices that appear on this Website are correct, errors (including processing errors) may occur. If I realise an error in the price or payment of any goods which you have ordered I will contact you of this as soon as I can and give you the option of reconfirming your order at the correct price or cancelling it. If I'm unable to contact you, I will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. All prices are in Australian Dollars (AUD) with GST included in the price. Delivery costs may be charged in addition to the cost of the product and these are clearly displayed and included in the Total (where applicable).
SIZING
SOFIA.KAY's tees fit sizes 6-14 according to the STANDARD AUSTRALIAN MEASUREMENTS that you can find in our table Size guide below each tee. With this being said, you accept that by purchasing from us on the rare occasion, our products may not fit or cater to every body shape. If this is the case and you can provide proof , only then will SOFIA.KAY issue a refund. Please keep in mind our tees fit Australian sizes 6-14, and aren't available for a refund if the top isn't your desired length, as every one will be a different height, and we cannot guarantee the length of our tops, will be the length everyone wants. Just like any style from other labels, the length differs, depending on the size and height you are. In terms of fit, it all depends on the usual size you wear, the smaller size you wear, the looser the fit. The larger the size you wear, the tighter the fit. It's in this way we are able to fit more then one size. Please don't buy from SOFIA.KAY if you are not happy with this.
GIFT TUBES
SOFIA.KAY gives an option of purchasing their products in gift tubes, if you tick the yes box, you are accepting to pay for the gift tube. At times SOFIA.KAY may hand out these without the extra cost , for example, when you have won a competition with us, or we are handing them out free of charge, for promotional use. These gift tubes will be added at an extra cost of $4.85 at checkout. These gift tubes are recycled tennis ball containers. If you are not happy with the fact that we use these as our gift tubes, please don't purchase the gift tube from SOFIA.KAY. Images of gift tubes packaging may slightly differ due to performance of packaging, without notice to you. On every lid of the gift tube their is a blank space, so you can write the name of the person who it is for, and who it is from. These can ONLY be written on by permanent marker, and it is recommended to allow 10 seconds to dry.While we have made every attempt to show the correct appearances , textures and colours of our products/items as precisely as possible, product images may vary on the delivered gift tube. SOFIA.KAY is not responsible for any such variations, in respect of your order. Our tubes are packaged by hand and may be subject to minor errors in the packaging, if you are not satisfied please contact us at info@sofiakay.com.au and we will help to resolve this.
If you would like me to send the gift tube straight to your friend or loved ones house, please leave a note when ordering checkout. In clear, please write what names you would like for me to write, next to: To and From. Names will be written in permanent marker, by hand. If no note has been added, we will assume to leave it blank. We are not responsible if no names are written, if you have not left a clear note when purchasing. If you are not sure about us hand writing the names, please do not leave a note, and I will leave it blank for you to write them, as I am not responsible, if you do not like the way it has been hand written.
FABRIC
At times I may find the need to change the fabric of our shirts without notice to you, if i believe it's in my best interest. For example, if it will make the end products better for my customers, or is a more convenient option for SOFIA.KAY. However, I always change the fabric section underneath our products so you can check to see if any changes have been made, before you purchase.
SOCIAL MEDIA
At times we may alter the way our products look, feel, move in real life to make our social media accounts more appealing to our audience. We are not held accountable for these alterations.
DISCOUNTED ITEMS AND SPECIAL OFFER TERMS
Where an item is:
(1)purchased using a coupon (Coupons);
it is considered a Sale Item.
Discounts, Promotions, Coupons (Special Offers) are offered at SOFIA.KAY discretion. Any conditions applicable to the Special Offers will be specified at the time of issue, usually provided on our Shipping +Returns Policy page.
(2)marked at a discounted price (Discounts);
(3)purchased during a limited time promotion period (eg VIP Days, One Day sales, discount offers etc) (Promotions)
At times I may offer a limited time promotional discount codes/coupons which may be used to purchase items on this website. The terms of use relating to any discount code or coupon will be specified at the time of issue. All SOFIA.KAY promotions and offers are for a limited time only and while stocks last. SOFIA.KAY reserves the right to terminate, suspend or modify the promotion or offer without notice. All promotions cannot be transferred or redeemed for cash.
SALE/DISCOUNTED ITEMS
All sale item/discounted items are non-refundable, unless deemed faulty. If you believe your purchase is faulty, please email SOFIA.KAY at info@sofiakay.com.au before returning your item to us. We will contact you within 48 hours . When SOFIA.KAY receives the item, it will be assessed and you will be notified of the outcome, as to whether or not it is deemed as faulty, in accordance with company policy and guidelines. If the item is faulty, SOFIA.KAY will offer to replace or refund the value of the item (determined in its sole discretion). If you are attempting to return an item outside of the 7 day period you must contact info@sofiakay.com.au before the item is returned, or it might be refused.
CANDLES
When purchasing candles keep in mind that they are made from natural coconut soy wax. They may have wet spots and frosting due to the wax being of natural origin. If this is the case, it will not be deemed as faulty, as it does not affect the burn of the candle itself. We will not be liable for any injuries, damages our candles cause, if you have not followed the safety instructions provided. Majority of the candles will have scenes made with objects from the earth, with this being said no two candles will ever look exactly the same and placement may differ with each candle. For this reason the candles will not be deemed as faulty in regards to the scene below. Each scene may have bubbles and/ or air bubbles as this is the true nature of the wax, please do not purchase if you are not happy with this.
BATH BOMBS
Our bath bombs are handmade with a majority of natural ingredients. We will not be responsible for any allergic reactions that may occur, as we have listed all ingredients on the website as well as the packaging.
ACCESSORIES
At times accessories may be hand painted, if you purchase an accessory that is stated "hand painted" this means that no two accessories will be the same and will differ in their appearance. Once purchased, we will assume you are okay with the differences of the product.
MARKETS RETURN POLICY
Anything purchased at our market stalls will follow the same returns policy online.
Please email info@sofiakay.com.au if you believe your item is faulty, before sending back to us. When SOFIA.KAY receives the item, it will be assessed and you will be notified of the outcome, as to whether or not it is deemed as faulty, in accordance with our policy and guidelines.
If the item is faulty, SOFIA.KAY will offer to replace or refund the value of the item (determined in its sole discretion). Please email info@sofiakay.com.au within 24 hours if your item is faulty.
If you are attempting to return an item outside of the 7 day period you must contact info@sofiakay.com.au before the item is returned, or it might be refused.
MAKING PAYMENT
You accept that we will perform standard security checks on the payment details you provide to us. We process all debit cards and credit cards using eWAY. In the event of unusual activity, SOFIA.KAY reserves the right to temporarily or permanently suspend payment via your credit card or debit card and we may contact you, your bank or any other relevant third party to report such unusual activity. We allow payments via PayPal and accept credit cards including Visa and MasterCard.
SHIPPING AND DELIVERY
Delivery times may differ according to manufacturing process/availability and the delivery address you have chosen. You acknowledge and agree that any representations made as to delivery times are subject to postal/courier delays or delay caused by any circumstances beyond SOFIA.KAY's control and that we will not be liable and will not offer any refunds for any delayed delivery of your purchase, including if you select an express service. Please refer to our Shipping +Returns Policy page, for further information.
As stated in our returns policy our tees and bags are printed when ordered and our hair accessories are made when ordered. With this being said, we have stated that it may take 1-4 days for your purchase to be dispatched, due to production. Candles will take up to 3 weeks to cure and will only be uploaded only when they are readily available. If you are not happy with this, please contact me, and I will do my best to shorten this time frame. Keep in mind, this is not guaranteed.
CUSTOMS AND IMPORT TAXES
You agree that you are liable for, and will pay for, any taxes, duties, customs or import charges that may apply to your order.
RETURNS
SOFIA.KAY will accept returns in correspondence
with our Shipping/Returns policy
CUSTOMER SERVICE
I will put in our best efforts to respond to all emails within 24-48 hours. If you would like to get in contact with me please email me at info@sofiakay.com.au
LIABILITY
You understand that the Website is provided on a cases by case basis. While we aim to update our Website regularly, neither SOFIA.KAY, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website. We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any items, information or content featured on this Website without notice.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing, or packaging are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SOFIA.KAY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SOFIA.KAY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the place of business.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@sofiakay.com.au
Updated: June 2020