01
About these Terms
These Terms & Conditions govern your access to and use of the Solace website and any purchase you make from us.
By using our website or placing an order, you agree to these Terms together with any policies expressly referred to in them. If you do not agree with these Terms, you should not place an order through our website.
When placing an order, you confirm that you have the legal capacity to enter into the transaction.
02
Using our website
You may use our website for lawful personal or commercial browsing and purchasing purposes.
You must not intentionally interfere with the operation or security of the website, attempt to gain unauthorised access to our systems, introduce malicious software, misuse automated tools in a way that materially disrupts the website, or use the website for unlawful or fraudulent purposes.
We may take reasonable steps to restrict access where necessary to protect our customers, website or systems.
03
Product descriptions & availability
We take reasonable care to ensure that product descriptions, photographs, specifications and other information displayed on our website are accurate and up to date.
Colours and appearance may vary slightly depending on lighting, photography and the screen used to view the website. Such variations do not affect any rights you may have where goods do not match their description or otherwise fail to meet an applicable consumer guarantee.
Products remain subject to availability. If an item becomes unavailable after you place an order, we will contact you and provide an appropriate refund or alternative option where agreed with you.
04
Orders & acceptance
When you submit an order, you are offering to purchase the products shown in your order at the price and on the terms presented at checkout.
We may decline or cancel an order before dispatch where there is a reasonable basis to do so, including unavailable stock, an obvious pricing or website error, inability to verify payment details, suspected fraud or a delivery location we cannot service.
If we cancel an order after payment has been taken, we will refund the amount charged for the cancelled order.
We may contact you where information is required to process or fulfil your order.
05
Pricing & payment
Prices are displayed in the currency shown on our website or at checkout.
Any applicable shipping charges, taxes or other amounts payable in connection with an order will be disclosed before you complete your purchase where required.
Payment must be made using one of the payment methods available at checkout. Your order may not be processed until the relevant payment has been authorised.
If an obvious pricing error occurs, we may contact you before fulfilment to give you the choice of proceeding at the correct price or cancelling the affected item for a refund.
06
Promotions, offers & discount codes
Promotional offers may be subject to additional conditions displayed at the time of the promotion, including eligibility periods, stock availability or minimum purchase requirements.
Unless stated otherwise, discount codes cannot be redeemed for cash and may not be combined with other offers.
If a promotional term conflicts with these Terms in relation to that promotion, the clearly disclosed promotional term will apply to the extent of the conflict, subject always to applicable law.
07
Shipping & delivery
Available shipping methods, charges and estimated delivery timeframes are displayed on our website or during checkout where applicable.
Delivery timeframes are estimates unless we expressly state otherwise. Delays may occasionally occur due to carriers, weather, peak periods or other circumstances outside our reasonable control.
Once tracking becomes available, it will generally be sent to the contact details associated with your order.
Please refer to our Shipping & Returns Policy for further information. Nothing in this clause limits any rights available to you under applicable consumer law.
08
Returns & our 30-day Comfort Guarantee
Eligible purchases may be covered by our voluntary 30-day Comfort Guarantee in accordance with the conditions displayed on our guarantee and returns pages.
The 30-day Comfort Guarantee is an additional benefit offered by Solace. It does not replace, restrict or reduce any consumer guarantee or other statutory right available to you.
For return instructions, eligibility requirements and refund processing information, please refer to our Shipping & Returns Policy and 30-day Comfort Guarantee page.
09
IMPORTANT
Australian Consumer Law & faulty products
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
If a product does not comply with an applicable consumer guarantee, you may be entitled to a remedy depending on the circumstances, including repair, replacement, refund or compensation as provided by law.
Any manufacturer's warranty, Solace warranty, return policy or voluntary guarantee operates in addition to these statutory rights.
If you believe your Solace product is faulty, damaged, unsafe, materially different from its description or otherwise does not meet an applicable consumer guarantee, please contact us with your order details so that we can assess the issue and provide the appropriate next steps.
10
Product use & care
You should read and follow the instructions, warnings and care information supplied with your product.
Do not intentionally use a product in a way that is contrary to its supplied instructions or warnings. If a product appears damaged or unsafe to operate, stop using it and contact us.
Information provided on our website about comfort, relaxation or product use is general in nature. Where you have a medical or health concern relevant to using a product, you should seek appropriate professional advice.
11
Intellectual property
The Solace name, branding, website design, original photographs, graphics, written content and other materials created or owned by us are protected by applicable intellectual property laws.
You may view and use our website for ordinary personal shopping purposes. Unless permitted by law or expressly authorised by us, you must not reproduce, publish, commercially exploit or represent our protected materials as your own.
Third-party trade marks, content or intellectual property remain the property of their respective owners.
12
Third-party services & links
Our website may use or link to third-party services such as payment providers, delivery carriers, social media platforms or external websites.
Third-party services may be subject to their own terms and privacy practices. We are not responsible for the independent content or operation of websites that we do not control.
Nothing in this clause affects our responsibility for obligations that cannot lawfully be transferred or excluded.
13
Privacy
We handle personal information in accordance with our Privacy Policy and applicable privacy obligations.
Please read our Privacy Policy for information about the types of personal information we collect, how we use it and the choices available to you.
14
Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, we are not responsible for loss that is not reasonably foreseeable as a result of our breach of these Terms.
Nothing in this clause is intended to limit any entitlement you may have to compensation or another remedy under the Australian Consumer Law or other applicable legislation.
15
Events outside our reasonable control
Sometimes circumstances outside our reasonable control may affect our ability to operate our website or fulfil an order within an estimated timeframe. Examples may include carrier disruption, severe weather, natural disasters, industrial action, infrastructure failures or government restrictions.
Where this occurs, we will take reasonable steps to minimise the effect on affected customers and provide updates where appropriate.
This clause does not exclude any right or remedy that you are entitled to under applicable law.
16
Changes to these Terms
We may update these Terms from time to time to reflect changes to our business, website, policies or legal obligations.
Updated Terms will apply from the date they are published unless another effective date is clearly stated.
We will not use a later version of these Terms to retrospectively remove rights that formed part of an existing completed purchase, except where a change is required by law or otherwise agreed with you.
17
Questions, complaints & disputes
If you have a concern about an order, product or these Terms, please contact us first and give us a reasonable opportunity to investigate and respond.
We will aim to deal with concerns fairly and in good faith.
Nothing in these Terms prevents you from exercising any right to contact an applicable consumer protection agency, tribunal, regulator or court.
18
Governing law & general provisions
These Terms are governed by the laws applicable in the Australian jurisdiction identified in our business details, together with any applicable Commonwealth laws.
If a provision of these Terms is found to be unlawful or unenforceable, that provision will be read down or severed to the extent required, while the remaining provisions will continue to operate where legally possible.
A failure by either party to immediately exercise a right under these Terms does not necessarily constitute a waiver of that right.