Terms and conditions
Preliminaries
These are the terms and conditions of sale (“Conditions”) of SULH Australia, registered in Sydney NSW 2113 Australia (ABN 68 584 664 503). These terms will apply to all purchases of Goods in Australia when you order via our website (www.sulh.co) (our “Website”) or in-person. Please read this document carefully before placing your order.
By placing an order by telephone or by an in-person Adviser, you confirm your unconditional acceptance of these Conditions.
By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.
We may change these Conditions from time to time. The latest version of these Conditions is available on our Website. The Conditions which appear on our Website at the time you place your order are the Conditions which apply to your order.
These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website and by telephone.
1. Scope
1.1 In these Conditions:
1.1.1 “Customer” means a person acting as a consumer who is purchasing goods outside the course of his or her business or trade;
1.1.2 “you” means the Customer submitting an order for Goods;
1.1.3 “Goods” means the Goods to be supplied under these conditions;
1.1.4 “Party” means either you or us; “Parties” means you and us;
1.1.5 “Personalised Goods” means Goods that are personalised for you;
1.1.6 “Writing” means letter, fax or email.
1.2 The contract for supply of Goods (“Contract”) will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability and purchasing limits may apply in some cases.
1.3 Orders may only be placed by Customers aged 18 and over. Orders will not be accepted if we have reason to believe that your order will mean you exceed applicable purchasing limits for the Goods or that you intend to resell the ordered Goods via an unauthorised distribution channel.
1.4 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such a check. You confirm that you agree to us carrying out such a check.
1.5 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations whether by statements or conduct (except where the representation was fraudulent) or undertakings.
1.6 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet, via telephone call or otherwise or in any invoice or other document issued by us may be corrected by us without liability.
1.7 By accepting the Contract you confirm that you are a Customer in Australia.
1.8 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
1.9 We reserve the right to decline to accept an order for any reason, including if stock is unavailable, your order exceeds purchasing limits or we believe your order does not meet the requirements under clause 1.3 of these Conditions. In addition, we reserve the right to cancel orders where, after the order is accepted, we become aware that your order is in breach of these Conditions. If we decline or cancel your order under this clause, we will notify you and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.
2. IDENTIFICATION OF THE OFFEROR
SULH, registered in Sydney NSW 2113 Australia (ABN 68 584 664 503)
3. INFORMATION RELATING TO GOODS
Information on the range of Goods sold via our Website is available, with product references, in our SULH Website. All orders are subject to availability.
4. ORDERS
4.1 Orders by telephone
Orders can be placed in English via telephone, however, no telephone number exists at this current time.
4.2 Orders via our Website:
4.2.1 Orders can be placed through the Australian section of our Website. You will be responsible for paying any costs of connection to our Website.
4.2.2 The Terms of Use applicable to the Website will apply in respect of any order placed through the Website.
4.2.3 We try to ensure that the information posted on the Website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this Website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website. All images, illustrations and descriptions of the goods are for information only and you are advised to contact our Client Services team for further information about the goods.
4.2.4 To the maximum extent permitted by law, we make no representation or guarantee that this Website will be free from loss, destruction, damage, corruption attack, viruses, interference hacking or other security intrusion and we disclaim any liability relating thereto. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.
4.2.5 We will not be responsible for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except to the extent any damages arise due to the negligence, wilful misconduct or breach of these Conditions by us.
4.2.6 When placing an order on our Website, you will be required to complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Website.
4.2.7 In the event prolonged inactivity causes your connection to our Website to fail, your selection of Goods may be lost. In such case, you will be required to re-enter your selection.
4.2.8 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.
4.2.9 The sale will only be binding on us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if Goods are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.
4.2.10 You will only be charged for Goods which have been dispatched to you.
4.3 Sales Limitation Policy
4.3.1 The products are sold exclusively to final customers, individuals (consumers) for their personal use or as a gift. Any professional activity and in particular any resellers or intermediaries acting in the name and on behalf of resellers is forbidden.
4.3.2 To ensure the observance of those restrictions, SULH processes your purchase history. In case of non-observance, our clients advisors may refuse further transactions with you, for a period of 2 years from your last purchase. In the conditions set forth by the law, you have a right to access, rectify and delete your personal data, a right to restrict or object to their processing, by contacting [email protected]. For more information, please read our privacy policy in store or on www.sulh.co.
5. PRICE
5.1 The price of the Goods you order will be notified to you by telephone before you place your order or shown on the Website before you confirm your order and will be confirmed on the written confirmation that you will receive when the Goods are delivered. All prices are in Australian dollars (AU$) and inclusive of GST (except where otherwise stated on our Website or notified to you by telephone).
If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.
5.2 You must pay to us any amount (“GST Amount”) which is payable by us on account of a goods and services tax, value added tax or any other similar tax (“GST”) as a consequence of any supply made or deemed to be made or other matter or thing done under or in connection with these Conditions. The GST Amount must be calculated by multiplying the amount on which the GST is calculated by the prevailing rate of GST. You must pay any GST Amount at the same time and in the same manner as making any payment on which the GST Amount is calculated. You must pay any amount you are required to pay under this clause in full and without deduction.
5.3 In the case of 5.2, it is put into effect once SULH becomes registered for GST.
6. PAYMENT
6.1 You must pay for the Goods prior to their dispatch to you. Payment must be in Australian dollars (AU$), but not limited to payment methods specified on the Website. Payment methods acceptable to us (depending on whether you place your order on our Website or by telephone) are debit card, credit card, bank transfer and PayPal (payment can be made via Payment Link and Pay by Link). The following credit cards are accepted: Visa and Mastercard. Payments can be made via Apple Pay and Google Pay.
6.2 Your credit card will be debited at the time the order is prepared, in which case your credit card will be debited at the time that your order is received by us. You must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.
6.3 In order to counter Internet fraud, payments through our Website and telephone will be managed on-line with banking organisations which are third parties and which may be based outside Australia. These companies will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details.
We have also contracted with third party service providers to put in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by these companies exclusively for the purposes of providing fraud screening services to us and to its own customers. We reserve the right to not accept any orders where we deem the risk of fraud to be too high.
We reserve the right to put in place additional/other payment security system(s) from time to time.
6.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988.
6.5 In the event that the sum due from you has not been debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card, or technical failures), the sale will be cancelled immediately. In the event that the Goods have already been dispatched to you, you will remain responsible for payment and we reserve the right to process your payment at a later time or require payment via an alternative payment method.
6.6 Where Goods are identified on our Website as requiring “additional delivery time “, you may still be able to add the Goods to your online shopping cart. Once you proceed through checkout, we will apply a pre-authorisation hold for the full purchase price to your nominated credit card or debit card if using PayPal. The amount placed on hold will not be available to you during the period of the pre-authorisation hold. The hold will automatically expire in accordance with your issuing bank’s policy or when we complete the transaction and despatch the Goods to you, whichever is earlier.
6.7 The maximum authorisation hold period varies depending on your payment method. These time periods are determined by your issuing bank and may change from time to time.
6.8 If a pre-authorisation hold expires before the Goods are back in stock, we may not be able to complete the transaction. We will, however, use reasonable endeavours to notify you via email or telephone that the Goods are back in stock and to arrange payment. To the extent permitted by law, we accept no liability for any unavailability or delay relating to Goods that are placed on back order in accordance with clause 6.6 above.
6.9 Where the Goods return to stock and the pre-authorisation hold has not expired, your nominated credit or debit card will be debited for the full purchase price and the Goods will be delivered to you in accordance with clause 7.
7. DELIVERY AND CLICK & COLLECT
7.1 Except where you elect to collect your order from a store offering the Click & Collect service or your order is cancelled in accordance with these Conditions, the Goods you order will be delivered during normal business hours once payment has been confirmed to the address which you give to us when you place your order. Please ensure you check the delivery address is correct before placing your order. Delivery will be made by the chosen courier made during Payment. To the extent permitted by law, We do not accept liability for delays, damages, or issues arising from deliveries made to PO Boxes, hotels, business premises, or locations outside of Australia, where applicable. If we are unable to deliver to the specified address or if the delivery location is outside of our serviceable areas, we will review the order and may offer a refund or an alternative delivery option, subject to our discretion. If you believe your delivery address may be affected, please contact us at [email protected] before placing your order.
7.2 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact our Client Services in order to arrange an alternative delivery date to collect the Goods.
7.3 If in effect, you may use our Gift Service to arrange for Goods to be delivered to a third party of your choice, provided always that the delivery address is in Australia.
7.4 No delivery will take place unless payment for the Goods has been received. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be responsible for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the Goods (other than Personalised Goods) within 30 days and Personalised Goods within 8 weeks.
7.5 Please note that all packages containing Goods to be delivered to you will be weighed by us prior to their dispatch.
7.6 Ownership of the Goods and the risk for damage to the Goods passes to you upon delivery or, if you choose to collect (or have a third party collect) your order from a store offering the Click & Collect service, upon release of those Goods by LVA to the person collecting those Goods.
7.7 If, at the time of delivery of delivered Goods, the packaging for your Goods is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to delivered Goods, you should note the details on the delivery note and contact the Client Services team (see clause 10 below).
7.8 If you choose to collect your order from a store offering the Click & Collect service, you will be notified via email (and/or SMS if you have provided your mobile number for this purpose) when your order is ready for collection at your selected store. Your order will be kept in store for 15 days from and including the date we notify you that is available for collection. You must collect or arrange for collection of your Goods during normal store opening hours during this period. If you are unable to collect your goods within this period, you should call Client Services to either arrange an alternative delivery option or to cancel the purchase. If you do not collect your order or arrange another delivery option within this period, the order will be cancelled and the amount of the purchase price of the uncollected goods will be automatically refunded to the payment card used for your purchase.
7.9 When collecting an order from our Click & Collect service, you will be required to provide the following items to in store staff: Receipt of purchase, Photo ID and the credit card used to make the purchase. If a third party will collect the item on your behalf you must either call Client Services to notify us that a third party will collect the item or provide the third party with a signed letter expressly authorising them to collect the Goods on your behalf. The third party will be required to show the Receipt for the purchase and Photo ID, and, where you have not previously notified Client Services that the third party will be collecting the Goods, the signed letter of authority from you, prior to SULH releasing the Goods. SULH reserves the right to decline to release a Click & Collect order if the identity and authority of the person seeking to collect the Goods has not been established to SULH’s reasonable satisfaction. To the full extent permitted by law and subject to clause 8 below, you agree that SULH is entitled to release Goods in accordance with this clause in satisfaction of SULH’s obligation to provide you with the Goods and SULH takes no responsibility for Click & Collect orders once released in accordance with this clause.
8. LIMITATION OF LIABILITY
8.1 To the full extent permitted by law and subject to clause 8.4.4, we will not be responsible to you under the Contract or otherwise at law for:
8.1.1 any losses which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related services or their use by you or where you use our Gift Service, the recipient;
8.1.2 any losses which are not caused by any breach by us;
8.1.3 business or trade losses.
8.2 To the full extent permitted by law and subject to clause 8.4.4, our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
8.3 Nothing in this Contract means that our liability to you, or, where you use our Gift Service, the recipient, for fraud or for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.
8.4 We shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:
8.4.1 you give us written notification via email at [email protected] of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier’s conditions of carriage;
8.4.2 you deliver or produce to us in the email any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods and the Goods.
8.4.3 If we accept your claim, we will bear the cost of repair or replacement and of sending you your repaired or replacement Goods. If we do not accept your claim, we will notify you and (in the case of damaged Goods) make the Goods available for collection. If, in such circumstances, you wish us to repair or replace your Goods and/or send them back to you, we will provide you with details of the costs of doing so, as well as details of our repair policy.
8.4.4 Your right to a repair or replacement under clause 8.4 above is in addition to and not in substitution of any other rights and remedies you may have under laws applicable to the Goods. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.4.5 The limitations on our liability contained in these Conditions is made to the full extent permitted by law. Nothing in these Conditions restricts the effect of the guarantees referred to in clause 8.4.4 above, or any other law which cannot be excluded, restricted or modified.
9. EXCHANGE OF GOODS
9.1 SULH does not offer exchanges on any items. Once an order has been placed and fulfilled, we are unable to process size swaps, colour changes, or exchanges for a different product.
10. FURTHER INFORMATION
For further information relating to these conditions, or the goods themselves, you should contact our Client Services team via email: [email protected]
11. INTELLECTUAL PROPERTY RIGHTS
11.1 As between you and SULH, you acknowledge that SULH owns or has a license to all title and copyrights in and to the content provided on this Website. All title and intellectual property rights in and to the licensed content provided on this Website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
12. DELAY OR FAILURE TO PERFORM
Subject to the second paragraph of this clause, we shall not be responsible to pay you any compensation or give you a refund if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address.
We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.
13. USE OF YOUR INFORMATION
The holding and using of personal information provided to SULH is governed by the Privacy Policy posted on the Website at Privacy Policy. Please read this Privacy Policy to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Privacy Policy.