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Terms & Conditions

WEBSITE TERMS OF USE

Welcome to French Soda [ABN 18627554296  ], www.frenchsoda.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach any terms and conditions.

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

 1.To provide correct information and comply with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

 2.Personal and non-commercial use of our content only

You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing info@frenchsoda.com.au  (or permission of the relevant owner). All trademarks on our website belong to their respective owners.

 3.Third party links, third party apps and software are for your assistance only

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to the relevant third party. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.

WE MAKE NO WARRANTIES OR GUARANTEES

 We cannot represent, warrant or guarantee that:

  • our website will always be available, that your use will not be interrupted, or that our website is free from viruses; or
  • our Content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at info@frenchsoda.com.au if you find any issues.

 

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

You indemnify us for any claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of our terms and conditions, your breach of the law including your local laws, or your breach of the rights of a third party.

OTHER

This agreement is governed by the laws in NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in these terms and conditions survive termination of this agreement. The failure to exercise our rights, or enforce a provision under these terms and conditions does not waive the future operation of that right or ability to enforce the provision.

Loss or damage means any loss or damage including, but not limited to any loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.

Content means any content on our website, including but not limited to any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content. 

 

 TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE

By using this site you understand and agree to these and 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.

These Terms of Service for Buyers (“Terms”) apply to all clients and customers, or all potential clients and customers of Mabel Nagle Pty Ltd t/as French Soda [ABN 18627554296 ]  (“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. If you breach this Agreement we may immediately terminate your use of our website and services, ban your purchase of any Products.

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. Where information is inaccurate we may cancel your order. You should keep your login information confidential as you are responsible for all activity on your account.

 

YOUR ACKNOWLEDGEMENTS AND AGREEMENTS

 We cannot guarantee the accuracy of information on our website, or availability of our Products

We endeavour to publish accurate Product descriptions, images, prices, delivery charges, times, availability, and promotions. However, sometimes information may not be accurate, and some matters are out of our control, such as the colours of images you see on your screen, or information we receive from suppliers or manufacturers. We may also, without prior notice to you, change and update information, or even change our range of Products and discontinue Products at any time. We cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

 Placing your order via our website

When you place an order through our website, a contract for the purchase of goods is entered into when you receive a confirmation email. Once a contract has been made, if you want to cancel the order please contact us immediately. Any cancellation will be at our discretion, because steps may already have been taken to fulfil your order. On occasion we may need to cancel your order 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 and you have already paid, we will provide you with a full refund.

 You agree to our payment terms

You must pay us for our Products via the payment methods we enable on our website. Any coupons must be added at the time of purchase to apply; they cannot be applied retrospectively. Where payments are made in instalments, you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided. You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant.

 Delivery of the products is at your risk and expense

The delivery areas we post to are published on our website from time to time.  We will process your delivery upon receipt of your payment, and send your Products via the delivery method we notify to you. You should ensure that you are able to take delivery of the Product; where you refuse to accept a delivery or fail to collect the Product where a pick up has been advised, we may charge you for reasonable costs such as administration and storage. Where you have a late, damaged or lost delivery, you must contact the delivery company to resolve the issue. If your delivery is outside Australia, you are also responsible for any custom and import duties. Risk in the Product passes to you on actual delivery, or where you are responsible for a delay, when delivery would have occurred.

 We will not refund except as required by law

Except as required by law, we do not warrant that  our Products will meet your expectations. We do not provide refunds for changes of mind, 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. When issuing refunds, an in particular with our boots, we may take into account how much time has passed since you bought the Product.

At law, and in particular The Australian Consumer Law, you have the right to have a 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. If you consider that a Product fails to meet a consumer guarantee, please notify us at info@frenchsoda.com.au to resolve the issue.

 If you provide testimonials we may use them freely

Where you provide us with any 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 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 a testimonial but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@frenchsoda.com.au.

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 inaccurate information, price changes, limited stock or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our 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.

You agree to indemnify us, and to keep us indemnified from any claim  arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement; any lost or stolen Products during delivery, any late delivery; and any misuse, failure to comply with manufacturer's instructions, and where you fail to take reasonable care of the Products.

 

IF THERE IS A DISPUTE

If a dispute arises, you must keep all communications and discussions about the dispute confidential. Revealing the details of the dispute in a public forum will expose you to claims for defamation in addition to any claims in relation to the dispute.

In the event that any dispute 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.
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.
We, us, or our means Mabel Nagle Pty Ltd t/as French Soda [ABN 18627554296] and includes any of our directors, officers, employees, agents, partners, contractors.