1. Welcome to Solmates
Solmates Australia Pty Ltd ACN 649 345 782 (we/us/our) is an Australian provider of environmentally friendly products, which are designed with Australia’s hot climate in mind.
These Terms and Conditions apply to your interactions with us whenever you access our services, including through our websites, software applications, a third party e-commerce platform, or any platform that we may operate from time to time (collectively the Site). In these Terms, you means the person or entity registered with us as an Account holder, or making a purchase on the Site.
2. Acceptance and Variation
(a) By registering a user account, using the Site or making an order on the Site, you agree to be bound by these Terms and Conditions (Terms). If you do not agree to these Terms please exit the Site and do not proceed to access it in any way.
(b) We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site at any time, without liability or further notice to you.
(c) Your continued use of the Site subsequent to a change taking place will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.
3. Incorporation of Policies
(a) Please ensure you have read our current policies (Policies), which include our:
(i) returns and refunds policy, available here (Returns and Refunds Policy); and
(ii) privacy policy, available here (Privacy Policy),
as amended from time to time.
(b) These Policies are incorporated into our agreement with you by reference and govern the processes and procedures to be followed by you and by us with respect to the activities set out in each of the respective Policies.
(c) We reserve the right to modify, alter, amend or withdraw any part of our Policies at any time, without liability or further notice to you. Your continued interaction with us following a change taking place to a Policy, will indicate your acceptance of any alteration, withdrawal or amendment made by us to our Policies.
(d) We may from time to time adopt additional policies that will govern other interactions and transactions with you. All newly adopted Policies will be displayed on the Site.
(e) You agree that you will:
(i) comply with your obligations and accept our rights under each of the Policies;
(ii) from time to time review each of our existing Policies for variations; and
(iii) promptly review any newly adopted policy and comply with your obligations set out within that policy.
4. Using the Site
4.1 Site Disclaimer
(a) You acknowledge internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software. Accordingly, the Site is delivered on an “as is” and “as available” basis.
(b) Whilst all due care has been taken in providing the information on the Site, the information is provided for general purposes only and we do not warrant the accuracy, completeness or currency of such information. Any reliance on the information on this Site without consulting primary sources of information is at your own risk.
(c) Your submission of personal information through the Site is governed by our Privacy Policy and such information will be handled in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Site is entirely at your own risk.
4.2 Permitted Use of the Site
(a) You agree that you are only authorised to use the Site for the following activities:
(i) viewing our product range;
(ii) conducting research on our products;
(iii) purchasing our products and services;
(iv) conducting investigations with respect to our business;
(v) retrieving our contact details and communicating with us;
(vi) reviewing our policies; or
(vii) otherwise transacting with us.
(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(i) anything that would constitute a breach of an individual's privacy or any other legal rights;
(ii) using the Site to defame, harass, threaten, menace or offend any person;
(iii) using the Site for unlawful purposes;
(iv) interfering with any user of the Site;
(v) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(vi) using the Site to send unsolicited electronic messages;
(vii) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(viii) facilitating or assisting a third party to do any of the above acts.
(c) You must not use any part of the Site for any commercial purposes (other than transacting with us).
(d) We may edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
5. Your account
(a) You may purchase products from us without an account, or you may choose to create an account with us which allows you to review your order history and contact details. Where you have created a user account you agree to:
(i) not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Site;
(ii) ensure that any personal information you give to us when creating an account is accurate and up-to-date; and
(iii) keep your account details confidential.
(b) You are responsible for all activity on your account, including purchases made using your account details.
6. Communications
When visiting the Site, making an order or sending information to us, you are communicating with us electronically. By making such electronic communications you consent to receiving communications (including legal notices) from us electronically to the contact details that you provide to us.
7. Orders and payments
7.1 Placing an order
(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery address and a description of what was ordered.
(e) Please be aware that some of the products sold through the Site may not be suitable for children under 3 years old, as they may constitute a choking hazard. Please take extra care when ordering products for children under 3 years old.
(f) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(g) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
7.2 Order Cancellations
You may cancel your order at any time prior to accepting delivery of the products. If the products have already been dispatched then you must promptly reimburse us for the costs we incur, including return shipping and re-stocking. We will inform you of these costs.
7.3 Price and payments
(a) You must pay us the purchase price of each product you order, plus any applicable costs (including delivery costs, taxes and other applicable changes) as set out on the Site (the Price) in accordance with this clause. Unless otherwise stated on the Site, all amounts are stated in Australian dollars and are [inclusive] of Australian GST (where applicable).
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
(f) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
8. Delivery
8.1 Delivery methods and costs
(a) We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area.
(b) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
(c) Delivery costs are as set out on the Site.
8.2 Delivery dispatch confirmation
Upon your order being dispatched, you will receive a dispatch email. If your order has not been received by the updated delivery date contained in your dispatch email, please contact us so that we can follow up on your delivery with our logistics company.
8.3 Special instructions
(a) If you have given special instructions for the delivery of your order (e.g. “during Office hours 9:00AM – 5:00PM”) we will pass your request onto our logistics company.
(b) Please note that complying with your instructions is not within our control and we will not be held responsible if your instructions are not followed. If your delivery instructions have not been complied with, please let us know so that we can follow up with the respective logistics company.
8.4 Title and risk
(a) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(b) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
8.5 Shipping Policy
For more information regarding shipping costs, see our shipping policy, available here.
9. Returns and refunds
Returns and refunds will be dealt with in accordance with our Returns and Refunds Policy, available here.
10. Modifications to pricing and products
(a) Prices for our products are subject to change without notice.
(b) We reserve the right at any time to modify or discontinue a product or product description (or any part thereof) without notice at any time.
(c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product.
(d) Certain products may be available exclusively online through our Site. These products may have limited quantities. We have made every effort to display as accurately as possible the colours and images of our products as they appear. We cannot guarantee that your computer monitor's display of any colour will be accurate.
(e) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
11 Intellectual Property
11.1 Our intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not, without our prior written consent:
(i) copy, in whole or in part, any of Our Intellectual Property;
(ii) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(iii) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(i) you do not assert that you are the owner of Our Intellectual Property;
(ii) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(iii) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(iv) you comply with all other terms of these Terms.
11.2 Content you upload
(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
(i) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(ii) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
(e) If, at our request, you send 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 mail, or you identify us in content including through tagging or reference (such as through social media providers) 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 make to us. We are and shall be under no obligation to:
(i) maintain any comments in confidence;
(ii) pay compensation for any comments; or
(iii) to respond to any comments.
12. Product Disclaimer
12.1 Product use
(a) You acknowledge and agree that you must use all products strictly in accordance with any directions that are provided within our product packaging or displayed on our Site.
(b) Where you have purchased our refillable sunscreen applicator you acknowledge and agree that:
(i) the product we are supplying is the applicator only, and that it is intended for the immediate transport and use of sunscreen within a short time period;
(ii) removing sunscreen from its original packaging, even to be used in accordance with our sunscreen applicator, may reduce or degrade the effectiveness of the sunscreen over a given period of time. It is your responsibility to ensure that any sunscreen you use maintains its integrity after transfer and whilst stored in the applicator (which must not be for an extended time). You must ensure that you regularly empty your applicator and follow all cleaning and care instructions provided in our product packaging or otherwise available on our Site;
(iii) we do not warrant or guarantee the quality of any third party products that may be used in association with our sunscreen applicator and will not be responsible for any adverse reactions or any other health issues that you may suffer as a consequence of using any third party product (including sunscreen supplied by a third party) in conjunction with our sunscreen applicator.
(c) Each product may vary slightly in colour due to the recycled ocean bound plastic that we use to manufacture it. Our products are provided on an “as is” basis and you release and hold us harmless from any loss or damage that you may suffer or incur as a consequence of your use of our products.
12.2 How to use the product
(a) The applicator is designed to be used for the immediate transport and application of sunscreen within a short period of time, not for long-term storage of sunscreen. Removing any sunscreen from its original packaging may affect its efficacy over a given period.
(b) In using the product, you must ensure that you:
(i) regularly empty, and thoroughly clean the product via handwashing only;
(ii) do not leave substances inside the product for a long period of time;
(iii) do not leave the product in the company of children under 3 years old, as smaller parts of the product could be a choking hazard;
(iv) do not leave the product in direct sunlight for extended periods of time, as this may cause fading and brittleness.
13. Liability
(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
(b) Despite anything to the contrary and to the maximum extent permitted by law:
(i) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(ii) we are not liable for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with:
(i) your use of any Linked Site;
(ii) any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic; and
(iii) your use of any third party products or services not provided by us, including any third party product used in conjunction with our refillable sunscreen applicator.
(d) This clause will survive the expiry or termination of this Agreement.
14. General
14.1 Jurisdiction
(a) This Agreement is governed by the law in force in the State of New South Wales, Australia.
(b) Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within New South Wales, Australia.
14.2 Severability
Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which will remain in force.
14.3 Entire Agreement
These Terms and any Policies posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site and supersede any prior agreement between us, whether oral or written.
14.4 Third party sites and content
(a) The Site may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites and do not endorse any aspect of these third-party services. Such links are provided for convenience and interest only. You use these Linked Sites entirely at your own risk.
(b) We urge all our Sites users to carefully review each Linked Site’s privacy policies and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from the Site, you are entering a separate agreement with that third party, and expressly agree that we are not a party to or interested in that transaction.
(c) You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
(d) From time to time we may host third party content on the Site such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.
For any questions and notices, please contact us at:
Solmates Australia Pty Ltd ACN 649 345 782
Email: hello@solmates.com.au
