Terms of service

OVERVIEW

Welcome to Soteira Botanicals. The terms “we”, “us” and “our” refer to Soteira Botanicals.

Soteira Botanicals operates this website and online store, including the information, content, features, products and services made available through it (the “Services”). Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.

These Terms of Service, together with the policies referenced within them, set out the terms that apply when you access or use our website, purchase our products or otherwise use our Services.

Please read these Terms of Service carefully. By accessing or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not use our Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

SECTION 1 — ACCESS AND ACCOUNT

When using our website or placing an order, you agree to provide information that is accurate, current and complete, including any information reasonably required to process your order, payment and delivery.

If you create a customer account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity undertaken through your account. Please notify us promptly if you believe your account has been accessed or used without your authorisation.

You must not use our website or Services for any unlawful or fraudulent purpose.

SECTION 2 — OUR PRODUCTS

We take reasonable care to ensure that product descriptions, photographs, colours, ingredients, sizes and other information displayed on our website are accurate.

Colours may appear slightly different depending on individual screen and device settings.

Our soaps are handcrafted in small batches, and variations in colour, pattern, texture and appearance are a natural result of the making process. No two bars are exactly the same, and the product photographs on our website are representative of the overall design rather than the exact bar you will receive. These variations do not affect the intended use or quality of the product.

We may update product formulations, ingredients, packaging, descriptions or availability from time to time. Where a change is material to a product being offered for sale, we will take reasonable steps to ensure the information displayed at the time of purchase accurately reflects the product being supplied.

We reserve the right to discontinue products or limit quantities available for purchase at any time, subject to applicable law.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law.

SECTION 3 — ORDERS

When you place an order with Soteira Botanicals, you are making an offer to purchase the products in your order. An order is accepted once we confirm acceptance and payment has been successfully processed.

Please review your order carefully, including your products, quantities and delivery details, before submitting it. If you need to request a change or cancellation, please contact us as soon as possible. Once an order has been processed or dispatched, we may be unable to change or cancel it.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there is an error in product or pricing information, payment cannot be processed, we reasonably suspect fraudulent or unauthorised activity, or we are otherwise unable to fulfil the order.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order or affected products to the original payment method.

If we need to contact you regarding your order, we will use the contact details provided at the time the order was placed.

Returns and refunds are handled in accordance with our Returns & Refunds Policy and your rights under the Australian Consumer Law.

SECTION 4 — PRICES AND PAYMENT

All prices displayed on our website are in Australian dollars (AUD).

Prices may change from time to time. The price applicable to your purchase will be the price displayed at the time you place your order, subject to the provisions regarding genuine pricing errors in Section 3.

Shipping charges, where applicable, will be clearly displayed at checkout before you complete your purchase.

From time to time, we may offer discounts, promotional codes or special offers. These may be subject to additional terms, including eligibility requirements, minimum purchase amounts, exclusions and expiry dates. Unless otherwise stated, promotional offers and discount codes cannot be combined.

You agree to provide accurate and complete information required to process your purchase and payment. You must be authorised to use the payment method provided for your order.

Payment must be successfully processed before an order is accepted. Payments are processed securely through the payment methods made available at checkout.

Nothing in this section limits your rights under the Australian Consumer Law.

SECTION 5 — SHIPPING AND DELIVERY

Orders are shipped to the delivery address provided at checkout. Please ensure your delivery details are complete and accurate before submitting your order.

Shipping costs will be displayed at checkout before you complete your purchase.

Any delivery timeframes provided on our website or at checkout are estimates only. While we take reasonable care to dispatch orders promptly, delivery times may be affected by circumstances outside our reasonable control, including postal or courier delays, severe weather, service disruptions and peak delivery periods.

Authority to Leave

If you would like your parcel left unattended, you must request Authority to Leave in the delivery notes at checkout and, where possible, provide instructions for a suitable location.

By requesting Authority to Leave, you authorise the delivery provider to leave your parcel without obtaining a signature. Where the parcel is delivered in accordance with your instructions, you accept the risk of loss or theft occurring after delivery, to the extent permitted by law.

This does not apply where the parcel is delivered to the wrong address or the delivery provider fails to follow your authorised delivery instructions.

Delayed, Lost or Damaged Parcels

If your order is delayed, lost in transit, incorrectly delivered or arrives damaged, please contact us at sales@soteirabotanicals.com.au so we can investigate the issue with the delivery provider and, where appropriate, arrange a suitable resolution.

Soteira Botanicals is not responsible for delays resulting from incorrect or incomplete delivery information provided by the customer. Additional delivery costs resulting from an incorrect address may be payable by the customer where reasonable and permitted by law.

Nothing in this section excludes or limits your rights under the Australian Consumer Law.

SECTION 6 — INTELLECTUAL PROPERTY

Unless otherwise stated, the content made available through the Soteira Botanicals website, including our original text, product descriptions, photographs, graphics, videos, logos, branding, packaging artwork and other original content, is owned by or licensed to Soteira Botanicals and is protected by applicable intellectual property laws.

You may access and use our website and its content for your personal, non-commercial use. You must not copy, reproduce, modify, distribute, publish, commercially exploit or otherwise use our content without our prior written permission, except where permitted by law.

The Soteira Botanicals name, logo, product names, branding and other brand identifiers may not be used in a manner that falsely suggests an association with, endorsement by, or affiliation with Soteira Botanicals, or otherwise infringes any rights we hold in those materials.

Any third-party names, trade marks, logos, content or technology appearing on or used in connection with our website remain the property of their respective owners. Nothing in these Terms grants you ownership of, or a licence to use, any intellectual property belonging to Soteira Botanicals or a third party except as expressly stated or permitted by law.

All rights not expressly granted under these Terms are reserved.

SECTION 7 — THIRD-PARTY TOOLS AND SERVICES

From time to time, our website may provide access to features, tools or services supplied by third parties.

Your use of third-party tools or services may also be subject to the terms and privacy policies of the relevant third-party provider. We encourage you to review those terms where applicable.

We may add, change or discontinue features or third-party integrations used on our website from time to time.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law.

SECTION 8 — THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties. These links are provided for convenience or to provide access to additional information and services.

Soteira Botanicals does not control third-party websites and is not responsible for their content, availability, privacy practices or terms of use. The inclusion of a link does not necessarily indicate that we endorse or are affiliated with the third-party website or its operator.

When you access a third-party website, your use of that website is subject to the terms, conditions and privacy policies of the relevant third party.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Soteira Botanicals is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Soteira Botanicals. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Soteira Botanicals, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Soteira Botanicals.

SECTION 10 — PRIVACY

We collect, use and handle personal information in accordance with our Privacy Policy.

Our online store is hosted by Shopify. In providing our online store and related services, Shopify may collect and process personal information about your access to and use of our website.

We may also disclose or make personal information available to third-party service providers where reasonably necessary to operate our business and provide our services, including for payment processing, order fulfilment, delivery, website functionality and related services. Some of these service providers may process or store information outside Australia.

For further information about how Soteira Botanicals collects, uses, stores and discloses personal information, please refer to our Privacy Policy.

SECTION 11 — FEEDBACK AND REVIEWS

If you submit a review, testimonial, feedback, photograph or other content to Soteira Botanicals for publication or through a public-facing feature of our website or social media, you grant us permission to use, reproduce and share that content for the purposes of operating, promoting and marketing Soteira Botanicals, including on our website, social media and other marketing materials.

You confirm that you have the right to submit the content and that our permitted use of it will not infringe the rights of another person.

We reserve the right to moderate, decline to publish or remove content from platforms we control where we reasonably consider it to be unlawful, misleading, offensive, inappropriate, infringing of another person’s rights, or otherwise in breach of these Terms.

Any reviews or testimonials published by Soteira Botanicals will be handled in accordance with applicable Australian law.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

We take reasonable care to ensure that information provided on our website is accurate and up to date. However, occasional errors, inaccuracies or omissions may occur, including in relation to product descriptions, pricing, promotions, availability, shipping charges or delivery information.

We reserve the right to correct or update inaccurate information when identified.

Where an error affects an order you have already placed, we will take reasonable steps to contact you and resolve the matter appropriately. Any decision to decline or cancel an order will be handled in accordance with Section 3 of these Terms and applicable Australian law.

Nothing in this section excludes or limits your rights under the Australian Consumer Law.

SECTION 13 — PROHIBITED USES

You may use our website and Services only for lawful purposes and in accordance with these Terms.

You must not use, access or interfere with our website or Services in a way that:

• breaches any applicable law or regulation;
• is fraudulent, deceptive, unlawful, threatening, abusive or defamatory;
• infringes our intellectual property rights or the rights of another person;
• impersonates another person or misrepresents your identity or authority;
• introduces viruses, malicious code or other harmful technology;
• attempts to gain unauthorised access to our website, customer accounts, systems or data;
• collects, extracts or uses personal information about others without lawful authority;
• sends spam, unsolicited commercial communications or other malicious or deceptive communications through our Services;
• interferes with, circumvents or compromises the security, operation or functionality of our website or Services; or
• uses automated scraping, data-extraction or similar technologies to systematically access or reproduce our website content without our permission, except where such activity cannot lawfully be restricted.

We may take reasonable steps to prevent or restrict prohibited use of our website or Services, including restricting or suspending access where we reasonably believe these Terms have been breached or where necessary to protect the security or operation of our Services.

Nothing in this section limits any rights or remedies available under applicable law.

SECTION 14 — SUSPENSION AND TERMINATION

We may suspend or restrict your access to our website, customer account or Services where we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, misused our Services, or where restriction is reasonably necessary to protect the security or operation of our website, systems or other users.

Where reasonably practicable, we will provide notice of any suspension or termination. We may take immediate action without prior notice where reasonably necessary to address fraud, unlawful activity, security risks or other serious misuse of our Services.

Suspension or termination of access does not affect any rights or obligations that arose before the suspension or termination, including any rights you may have under the Australian Consumer Law.

Any provisions of these Terms which by their nature are intended to continue after termination will remain in effect.

SECTION 15 — WEBSITE AND PRODUCT INFORMATION

Information provided on our website, including information about skincare, ingredients, product use and botanical properties, is provided for general informational purposes and is not intended to constitute medical advice, diagnosis or treatment.

Individual experiences with skincare and personal care products may vary. Where appropriate, you should consider your individual circumstances, sensitivities and allergies before using a product and follow the directions and precautions provided with the product.

We take reasonable care to ensure that information provided on our website is accurate and current. However, general informational content should not be relied upon as a substitute for advice from an appropriately qualified health professional where such advice is required.

We do not guarantee that our website will always be available, uninterrupted or free from technical errors. We may temporarily suspend or restrict access where reasonably necessary for maintenance, security or circumstances outside our reasonable control.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other right that cannot lawfully be excluded, restricted or modified.

SECTION 16 — LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law or any other liability that cannot lawfully be excluded or limited.

To the extent permitted by law, Soteira Botanicals will not be liable for loss or damage arising from circumstances outside our reasonable control, or from use of our website or products in a manner that is contrary to the directions, warnings or intended use provided with the product.

To the extent permitted by law, we are not liable for indirect or consequential loss that is not reasonably foreseeable as a result of our breach of these Terms.

Where liability cannot lawfully be excluded or limited, our liability will be determined in accordance with applicable law.

SECTION 17 — RESPONSIBILITY FOR BREACH

You are responsible for any loss or damage reasonably incurred by Soteira Botanicals as a direct result of your unlawful use of our Services, your infringement of our intellectual property rights or your material breach of these Terms, to the extent that the loss or damage was caused by your conduct.

You will not be responsible under this section for any loss or damage to the extent that it was caused or contributed to by Soteira Botanicals.

Nothing in this section excludes, restricts or modifies any rights or liabilities that cannot lawfully be excluded, restricted or modified.

SECTION 18 — SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

If we do not exercise or enforce a right under these Terms on a particular occasion, this does not mean that we waive that right or prevent us from exercising it in the future.

These Terms, together with any policies expressly incorporated into them, constitute the agreement between you and Soteira Botanicals regarding your use of our website and Services.

Nothing in this section excludes or limits any rights, guarantees or remedies available under the Australian Consumer Law or any other applicable law.

SECTION 20 — ASSIGNMENT

We may transfer our rights and obligations under these Terms as part of a sale, transfer or restructure of Soteira Botanicals, provided that doing so does not reduce any rights you have under these Terms or applicable law.

You may not transfer your rights or obligations under these Terms where doing so would materially affect our rights or obligations, except with our consent or where permitted by law.

SECTION 21 — GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia and the applicable laws of the Commonwealth of Australia.

Subject to any rights you may have under applicable law, you and Soteira Botanicals submit to the jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other applicable law.

SECTION 22 — HEADINGS

The headings used in these Terms are included for convenience only and do not affect the interpretation of these Terms.

SECTION 23 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Services, practices or legal obligations.

The current version of these Terms will be available on our website. Any changes will take effect from the date the updated Terms are published, unless otherwise stated.

Changes to these Terms will not retrospectively alter the terms applicable to an order placed before the changes took effect, except where required by law.

Where required by applicable law, we will provide notice of material changes to these Terms.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law.

SECTION 24 — CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

Soteira Botanicals
Email: sales@soteirabotanicals.com.au
ABN: 82 571 832 330

Soteira Botanicals is based in Queensland, Australia.