OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website’s functionality (Purchase Order) you represent and confirm that you:
have the legal capacity and are of sufficient age to enter into a binding contract with us; and
are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
Unless otherwise agreed in writing:
if SOONGBAE issues an invoice to you, payment must be made by the time specified in such invoice;
in all other circumstances, you must pay for all Goods on or prior to SOONGBAE dispatching the Goods for delivery; and
you must not set off any money alleged to be owing by SOONGBAE against money due by you to SOONGBAE.
Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by SOONGBAE, you must pay the GST subject to SOONGBAE providing a tax invoice.
SOONGBAE reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
Online payment partner
We may use third-party payment providers to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
DELIVERY AND SHIPPING
For Goods to be delivered, SOONGBAE may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by SOONGBAE
All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
TITLE AND RISK
Until the price of Goods is paid in full, title in those Goods is retained by SOONGBAE.
Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
Failure to pay
If you do not pay for any Goods on or before the due date for payment:
or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, SOONGBAE reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
you must pay SOONGBAE interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by SOONGBAE;
you authorise SOONGBAE, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
SOONGBAE may at its option keep or resell Goods retaken from you; and
if you sell Goods or items into which the Goods are incorporated before payment in full to SOONGBAE, you acknowledge that such sale is made by you as bailee for and on behalf of SOONGBAE, to hold the proceeds of sale on trust for SOONGBAE, in an account in the name of SOONGBAE, and you must pay that amount to SOONGBAE on demand.
CUSTOMS AND DUTIES
SOONGBAE reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
RETURNS & EXCHANGES
Returns of Goods will only be accepted if:
the Goods are faulty and you comply with the provisions of this clause; or
the Goods are new, unused and tagged (if applicable) (Original Condition);
the Goods are returned within 30 business days of you receiving it; and
we agree in writing to accept return of the Goods.
Change of mind return
We generally do not accept change of mind returns, except in limited circumstances at our discretion. If you would like to request a change of mind return, please contact us using the details provided on our website.
If you believe your Goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images if possible).
If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.
If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
This agreement is governed by the law applying in Victoria, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
These Terms may only be amended by SOONGBAE in accordance with the Terms.
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
In these Terms, the following rules of interpretation apply:
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
WEBSITE TERMS AND CONDITIONS
Please take the time to read these terms and conditions. By using SOONGBAE and the Services and information offered on SOONGBAE, you are agreeing to these terms and conditions.
If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
No agreement is formed with a customer until an order has been accepted and processed, and an order confirmation has been sent.
Services means the sale and purchasing of any products from SOONGBAE
the Website means the website SOONGBAE.COM
We / Us etc means SOONGBAE and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
You must not: copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of SOONGBAE; use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods; use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website; use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact the reputation of SOONGBAE, including by linking to the Website on any other website; and attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by: gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities; overloading, flooding, mailbombing, crashing or submitting a virus to the Website; instigating or participating in a denial-of-service attack against the Website.
Information on Website
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects; the Website will be accessible at all times; messages sent through the Website will be delivered promptly, or delivered at all; information you receive or supply through the Website will be secure or confidential; or any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
Subject: ATTN: Website T&Cs
The trademarks and logos contained on this Website are trademarks of SOONGBAE. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
These terms and conditions are governed by and construed in accordance with the laws of Victoria , Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.