1. Agreement
1.1. These Terms and Conditions apply to you, the Website user and your usage of the SOFA & SOUL and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2. Interpretation
2.1. In these Terms and Conditions:
“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
“Customer” means the person or legal entity identified in a SOFA & SOUL quote, invoice or sales document.
“Delivery Cost” means the all costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Products” means any items listed on the Website (for sale or otherwise), including extended warranties.
“Website” means the internet site located at the URL sofasoul.com.au and operated by SOFA & SOUL.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3. Site Use
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. SOFA & SOUL will not be responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. SOFA & SOUL takes no responsibility for any such damage which may arise in connection with your use of the Website.
4. Pricing
4.1. All prices listed on the Website are in Australian Dollars unless otherwise specified.
4.2. All prices listed on the Website include all applicable taxes unless otherwise specified.
4.3. All prices displayed on the SOFA & SOUL website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.4. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4.6 Free shipping offers are given at the sole discretion of SOFA & SOUL and may incur additional charges for delivery to remote areas as defined by SOFA & SOUL.
4.7 SOFA & SOUL reserves the right to refuse a sale.
5. Product Specifications
5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2. All weights and dimensions mentioned are approximate.
5.3 Clearance and Floor Stock is available as is, no variations are possible. Be sure to check the exact specifications, including covering, as the image depicted may be representative of the model only, and not be of the actual product available.
6. Orders
6.1. You may place an Order by liasing with our showroom staff. When you place your Order, we will issue you with an Order Number. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions
6.3. It is the customer’s responsibility to ensure the correct contact details are provided and that the nominated e-mail address is regularly checked for correspondence.
6.4. Each Order (once confirmed) represents a separate agreement.
6.5. SOFA & SOUL reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.6. SOFA & SOUL, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6.8. SOFA & SOUL reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.9. SOFA & SOUL accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
7. Payment
7.1. SOFA & SOUL currently accepts payment via cash, credit card (VISA, Mastercard, AMEX), direct debit or cheque. In the case of direct debit or cheque, goods cannot be transferred until funds are in our bank account.
7.2. Payment for Orders made in our showroom or warehouse will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7.3 Payment for Orders made online need to be made within 24 hours of Order confirmation.
8. Delivery and ownership of the goods
8.1. All purchasers via the SOFA & SOUL website include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier.
8.2. Once an order has been dispatched to the customer by SOFA & SOUL in accordance with 8.1, the dispatch service is deemed to have been provided, and in no circumstances is SOFA & SOUL then liable to refund the delivery fee paid by the customer.
8.3. SOFA & SOUL is not responsible for the delivery and delivery times of Goods once dispatched in accordance with 8.1. Once Goods have been dispatched, it is the customer’s responsibility to liaise with SOFA & SOUL’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by SOFA & SOUL to a customer in relation to delivery will be from a third party, and as such SOFA & SOUL will not guarantee the accuracy of such information. SOFA & SOUL will provide customers with tracking information to enable liaising with the carrier.
8.4. The parties acknowledge that delays in shipping do occasionally occur, and SOFA & SOUL is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.
8.5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact SOFA & SOUL in accordance with Clause 9, and other than in accordance with that clause, SOFA & SOUL is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 9.
8.6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by SOFA & SOUL and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
8.7. SOFA & SOUL will not dispatch Goods to PO Box addresses.
8.8. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8.9. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
8.10. SOFA & SOUL’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged in advance with SOFA & SOUL.
8.11. The Service and delivery of Goods by third party carriers includes only delivery to ground floor and/or the front door (a door-to-door service) by a single delivery driver, and does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is always the customers responsibility to arrange for a means (whether by requesting assistance from neighbours or friends or otherwise) to bring Goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
8.12. For all items deemed “Oversize” (being a Good weighing over 25kg), the customer is also required to assist (or to arrange for someone to assist) the carrying of the Goods from the delivery vehicle to the front door, unless the customer has arranged for alternative and/or premium service in advance of dispatch with SOFA & SOUL.
9. Refunds and returns
9.1. SOFA & SOUL is not required to provide refunds.
9.2. No refunds are available for services where goods are not offered.
9.3. In order to facilitate a return under these Terms and Conditions, Customers must e-mail sales@sofasoul.com.au
9.4. The customer must comply with directions from SOFA & SOUL staff to facilitate a return.
9.5. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition. If a returned item is found not to be re-saleable by SOFA & SOUL (at its sole discretion), SOFA & SOUL reserves the right to refund only 50% or less of the product price paid by the customer.
9.6. If the customer arranges to return the Goods themselves, it is the customer’s responsibility to ensure that returned items are returned safely and in re-saleable condition. SOFA & SOUL takes no responsibility for items lost in transit.
9.7 SOFA & SOUL considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
9.8 Due to environmental considerations, SOFA & SOUL does not pick-up furniture deemed, in SOFA & SOUL’s sole discretion, to be damaged or faulty beyond repair, and the customer is responsible for disposal (for example, by utilising publicly available hard-waste collection or disposal processes in the customers area).
10. Intellectual Property
10.1. All Intellectual Property in any Material on the Website is the property of SOFA & SOUL. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
11. Indemnity
11.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against SOFA & SOUL which are connected with, arise out of, relate to or are incidental to the use of the Website.
11.2. You agree to indemnify and to keep indemnified SOFA & SOUL and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by SOFA & SOUL arising out of or in connection with the your use of the Website and the use of any SOFA & SOUL Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
12. Liability
12.1. To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
12.2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
13. Privacy
13.1. We gather personal information about our customers for the purposes of:
(a) marketing, supplying or delivering our products to you;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our products; and
(d) expanding our business.
13.2. SOFA & SOUL is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
SOFA & SOUL will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
13.3. In the process of dealing with our customers, we may collect and hold the following types of information:
(a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
(b) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
13.4. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
13.5. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
13.6. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us at by e-mail at sales@sofasoul.com.au.
