We will be taking a break from the 20th of December 2024 - January 14th 2025
TERMS OF SERVICE FOR CUSTOMERS
Hello and welcome to Soul Bohemia! We're so happy to have you as a customer. These are our Terms of Service (“Terms”) which apply to all customers of Soul Bohemia [ABN 42403824919] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately, you won't be able to purchase any of our Products online.
BEFORE PURCHASE
Things you need to do before purchasing Products on our Website
Before you buy anything from our website, there are a few things you should know:
Acknowledgements you make when purchasing on our website
Whilst we aim to do our best, please be aware that there could be:
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
Please be aware that some of our Products can spoil if not refrigerated or kept frozen soon after delivery. Some of our products, including rose petals, lavender, and certain essential oils, have a limited shelf life and may spoil if not refrigerated or kept frozen shortly after delivery. Additionally, when using essential oils, please be mindful of their respective use-by dates.
You agree to accept the risk in the Products from the time of delivery, whether you are there to receive the Products in person or not.
AFTER PURCHASE
Things you need to know after purchasing on our website
After purchasing something from our website, there are a few more things you should know:
Things we’d love you to do after purchasing on our website
We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us! We might even use them for marketing and information purposes, publications, exhibitions and professional awards across print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, 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 Content but don't want us to use it, it is your responsibility to notify us immediately at soulbohemia@outlook.com.au
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may change shipping information, availability, Product information, prices, promotions and any other information on our website.
We make deliveries at your option and your cost
The areas we deliver to are those that are published on our website. These areas may change from time to time as we are able to service a larger area. We will process your delivery upon receipt of payment and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your location and any selected delivery option. Any international customers are responsible for any custom and import duties.
We comply with the Australian Consumer Law
Our Products 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds except as required under the Australian Consumer Law. For example, we do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.
If we need to cancel your order, we will provide a refund
On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission.
We can refuse to serve you and sell Products at any time
We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement.
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 errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
In the event of any dispute that 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 the pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, 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. 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 this Agreement survive termination of this Agreement.
DEFINITIONS
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Force Majeure Event” means any event beyond our control which prevents us complying with our obligations under this Agreement, including, but not limited to any pandemic, "Act of God" such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder, or acts or threats of terrorism or electrical failure, changes to regulations, travel limitations, or weather events.
“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.
“Products” means any product available through our website including but not limited to glass roller bottles for essential oils, essential oil jewellery with lava and agate stones, stainless steel, sterling silver, and gold-plated options, as well as rose petals, dried lavender, soaps, soy candles, and essential oils.
“We, us, or our” means Naomi Jean Bruce t/as Soul Bohemia [ABN 42403824919] and includes any of our employees, agents, partners, and contractors.
“Website and Services” means www.soulbohemia.com, and everything available on this website including, but not limited to, all Products and any services.
WEBSITE TERMS AND CONDITIONS
Welcome to Soul Bohemia [ABN 42403824919] and www.soulbohemia.com, our website. We're so glad you're here! 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; we like to call this an "Agreement". If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend or stop providing our website at any time, but we'll always try to let you know if that’s the case.
Now, let's chat about your obligations when using our website.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of VIC and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws.
To only make personal and non-commercial use of our Content
Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing soulbohemia@outlook.com.au). All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them
To not rely on any “advice”
Some of the information we provide on our website may be information related to health, but it's not meant to be health "advice". We provide this information for your general use only. While we try to provide accurate information, it may be historical, incomplete information or based on opinions that aren't widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk. We recommend seeking independent professional advice before relying on the information we provide.
To be respectful when posting
We want to encourage you to engage in online discussions in our community. However, we ask that you be respectful when posting. Please don't include any personal information such as your email address or physical address in any posts. Please also follow our posting rules. We don't allow:
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
WE MAKE NO WARRANTIES OR GUARANTEES
We need you to know that we make no warranties or guarantees about our website or its Content. We can't guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that 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. If you find any issues, please email us at soulbohemia@outlook.com.au.
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.
Additionally, 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 this Agreement, 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 VIC, Australia and the parties submit to the jurisdiction of the courts of VIC, 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 this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Content” means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
“Copyright” means all rights pursuant to the Copyright Act 1968 (Cth).
“Loss or Damage” means any loss or damage including, but not limited to, any loss of salary, 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.
“We, us, or our” means Naomi Jean Bruce t/as Soul Bohemia [ABN 42403824919] and includes any of our employees, agents, partners and contractors.
PRIVACY POLICY
Hi there! We want to let you know how we collect information so that you can feel comfortable sharing it with us. That's why we have this privacy policy which outlines the way we at Soul Bohemia
(ABN 42403824919) collect, hold, use and disclose personal information.
WHAT PERSONAL INFORMATION WE COLLECT & HOW AND WHY WE COLLECT IT?
What personal information do we collect?
The personal information we collect is generally limited to:
However, we may also collect:
How do we collect your personal information?
The main way we collect information is when you give it to us. You might do this by filling out forms on our website like sign-up or intake forms. Or you might give us information through phone calls, emails, or social media. On occasion we may also collect information from the person that referred you, or other people or organisations.
We love hearing from you, and we promise to keep your information safe and secure.
We also use cookies on our website. These are little bits of data that help our website work better. They might identify you and keep track of the pages you visit. This helps us improve our website and make it more secure. Plus, it makes it easier for you to use our website! You won't have to fill in your information again and again.
At times personal information may also be gathered from third parties, such as Google Analytics or Facebook Pixel. These third parties may use cookies, web beacons and similar technology to collect or receive information about your habits on the internet.
Why do we collect your personal information?
We need your personal information to:
We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse our website traffic and to customise the content and advertising we provide.
You can opt-out of the collection and use of this information by changing your privacy settings or opting out.
To opt-out of Google advertising you can go here: https://tools.google.com/dlpage/gaoptout
To change your Facebook ad preferences you can go to "Facebook Help Centre", "Manage my account" and "Ad preferences".
Where we collect your financial information, we use it to help you pay for our products and services. Only the staff that need to know this information have access to it, and we only keep it as long as it is necessary. We use SSL certificates to verify your identity and encrypt any data you give us. All financial information is encrypted on our servers, and we do not keep all your data (to prevent unauthorised and duplicated transactions). We do not keep any details of your direct debit, and all information is sent to our bank for processing.
WHEN DO WE DISCLOSE PERSONAL INFORMATION & HOW YOU CAN ACCESS IT?
When do we disclose your personal information?
We use reasonable precautions to make sure your information stays safe and secure. Only authorised personnel can access it, and we keep it in accordance with our legal record keeping obligations. When we don't need it anymore, we destroy it appropriately. We generally will not disclose your personal information unless we have your consent, it's required by law*, or it's necessary for us to provide you with our services.
* This can include where we are of the reasonable belief that there is a serious risk to life, health or safety of you or another person. For example, if there is evidence of clear danger of harm to self-and/or others, we may be legally required to report this information to the authorities responsible for ensuring safety. This includes if there is a strong suspicion of physical or sexual abuse or emotional, or neglect or exposure to family violence of any person under 18 years of age. A court order could also require us to release information contained in records.
Sometimes we do disclose your personal information where it is necessary to obtain third-party services, like analytics, data storage, payment providers or advertising services. We do our best to make sure the providers we use comply with privacy laws and regulations. You can opt-out of the collection and use of this information by changing your privacy settings or opting out.
How can you access or delete your information?
If you want to access, correct or delete your information, please email us at soulbohemia@outlook.com.au. We're happy to help, unless we're required by law to withhold it. And if you have any concerns at all about your privacy, please also email us at soulbohemia@outlook.com.au. You can also make a complaint with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au where you can go to the "Lodge a Privacy Complaint with us" page, or post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001.
Thank you!
Thank you for trusting us with your personal information. Above all, we will do our best to keep it safe and use it responsibly.
Copyright © 2024 Soul Bohemia - All Rights Reserved.
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