CO2 Gas Cylinder Exchange – Legal Terms
Application of terms
1. These CO2 Gas Cylinder Exchange Terms (Exchange Terms) apply whenever a customer purchases a SodaStream CO2 Gas Cylinder (New Cylinder) from Sodastream Australia Pty Ltd (ACN 104 202 093) (Sodastream) via www.sodastream.com.au (Website) and chooses to return an empty SodaStream CO2 Gas Cylinder (Empty Cylinder) to SodaStream in exchange for their New Cylinder (collectively, "the Exchange Process").
2. In addition to these Exchange Terms, the Exchange Process is also governed by Sodastream's general terms of purchase found here: Terms of Purchase (General Terms)
3. If there is an inconsistency between these Exchange Terms and the General Terms, these Exchange Terms will apply to the extent of the inconsistency.
5. Sodastream may vary these Exchange Terms at any time. Any changes will be published on the Website. Customers will be subject to the version of these Exchange Terms that was in force at the time that the customer's order is placed. However, if any changes to the Exchange Terms are required by law, regulation or a government authority, the amended Exchange Terms may apply to orders which have previously been placed.
6. The Exchange Process
7. When a customer orders a New Cylinder as part of the Exchange Process Sodastream will ship the full, capped New Cylinder to your address as usual and in accordance with the General Terms.
8. Once the customer receives their New Cylinder, the customer must:
1. put their Empty Cylinder (with the cap from the New Cylinder) into the box that the New Cylinder was delivered in and seal the box securely, ready for postage;
2. navigate to the 'Cylinder Return' section of the Website and initiate a return for their Empty Cylinder to generate a postage label via AUS Post return portal;
3. affix the postage label to the box; and
4. drop off the box at any post box or to any Australia Post store within sixty (60) days of the New Cylinder being delivered.
Late Returns
9. Should the customer fail to drop off the Empty Cylinder in accordance with clause 7 within the stipulated sixty (60) day period, SodaStream will consider that the Empty Cylinder has not been exchanged and as such SodaStream will charge $16.00 (including GST) for each Empty Cylinder not returned, to the payment method used to place the order for the New Cylinder, and provide the customer with an email notification of the same. This fee represents a genuine estimate of SodaStream’s reasonable costs arising from handling, assessing and safely dealing with damaged or tampered cylinders and is not a penalty.
Condition of the Empty Cylinder
10. Please note that Empty Cylinders that the customer proposes to return to SodaStream must not be damaged or tampered with in any way. Cylinders that are damaged or that are tampered with will not be accepted by SodaStream as part of the Exchange Process.
11. If, upon receipt of an Empty Cylinder, SodaStream determines (acting reasonably) that the Empty Cylinder is damaged or has been tampered with, the Exchange Process will be considered invalid. In this circumstance, SodaStream will charge the customer $16.00 (including GST) to the payment method used by the customer, for each damaged or tampered Empty Cylinder and will notify the customer of the charge by email.
Title in the cylinders
12. In accordance with the User License Agreement, all CO2 Cylinders remain at all times the sole and exclusive property of SodaStream. Neither customers nor anyone acting on a customer's behalf will have, or may claim to have, any rights with respect to the CO2 Cylinders other than the usage rights specifically granted.
