Terms Of Purchase

These terms and conditions of purchase ("Terms of Purchase") govern the sale of products by SodaStream Australia Pty Ltd (ACN 104 202 093) ("SodaStream", "we", "us" and "our") to you through the SodaStream Australia website at www.sodastream.com.au (“Website”).

Please read these Terms of Purchase carefully before placing an order with SodaStream on the Website. By placing an order with SodaStream, you signify your agreement to be bound by these Terms of Purchase.

1. OUR CONTRACT

Your order is an offer to SodaStream to buy the product(s) in your order. When you place an order to purchase a product from SodaStream, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order. It does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. Your contract is with SodaStream.

These Terms of Purchase only apply to products which you buy directly from the Website. They do not apply to any SodaStream products you buy from a third party such as a retailer or other distributor. These third parties will have their own terms of sale which apply to your purchase.

You may only purchase products from our Website if you are over 18, or, if you are under 18, where you have consent from a parent or guardian. By placing an order on our Website, you are confirming that you meet these requirements.

2. PRODUCTS

The images of the products on our Website are for illustrative purposes only. Although the products will materially conform to their description on the relevant product information page(s), they may differ in appearance from the images.

3. RETURNS

Please review our Returns Policy which applies to products sold by SodaStream.

4. PRICING AND AVAILABILITY

All payments must be made in full prior to delivery.

All prices on our Website are inclusive of legally applicable GST, but do not include delivery costs.

We list estimated availability information for products sold by us on our Website on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Such estimated availability information does not constitute a guarantee that the relevant products are available. As we process your order, we will inform you by phone or e-mail as soon as possible if any products you order turn out to be unavailable, and you will not be charged for those products (or, if you have already made payment, we will refund you the full amount).

5. DELIVERY

Delivery costs will be as displayed to you on our Website.

Please note that, unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Whilst we will endeavour to ensure that products are delivered as soon as possible, delivery is managed by a third party and we are not responsible for any delays in delivery.

6. TITLE AND RISK AND USER LICENSE TERMS

Title and risk in the products you order, other than our SodaStream CO2 Cylinders, transfers to you upon the completion of delivery. Our SodaStream CO2 Cylinders remain the property of SodaStream or related affiliates of SodaStream at all times, and are provided to you under licence .Please see our Cylinder Exchange Information page for further details about returning and exchanging empty SodaStream CO2 Cylinders and the User License of the SodaStream CO2 Cylinders printed on the sleeve thereof and in the user manual.

7. APPLICABLE LAW

These Terms of Purchase are governed by and construed in accordance with the laws of Victoria, Australia, and not the United Nations Convention on Contracts for the International Sale of Goods the application of which is hereby expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which have the jurisdiction to hear appeals from them.

8. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our Website, policies, and terms and conditions, including these Terms of Purchase, at any time. We will publish changes on our Website. You will be subject to the Terms of Purchase and any other policies in force (displayed on our Website) at the time that you place your order for products from us, unless any change to those terms and conditions, policies or these Terms of Purchase is required to be made by law or government authority (in which case it may in this situation only apply to orders previously placed by you).

If any section of these Terms of Purchase is deemed invalid, void, or for any reason unenforceable, that section will be deemed severable and will not affect the validity and enforceability of any remaining section.

9. SODASTREAM WARRANTY

In addition to and without limiting your rights under the Australian Consumer Law, we provide a two year replacement warranty policy for certain faulty products as per the warranty included with the products you purchased (“SodaStream Warranty”). Under the SodaStream Warranty, if your product is deemed faulty, we are happy to replace the item with an equivalent model or, if the item you purchased is no longer available, with another item which offers substantially the same functionality. Please see the terms of the warranty provided with your purchase, including how you may exercise your rights under it.

Other than pursuant to the SodaStream Warranty and the Australian Consumer Law, we make no representations or warranties in relation to the products.

In addition to your rights under the SodaStream Warranty, our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in this document limits or is intended to limit your rights or remedies under the Australian Consumer Law.

If you are returning products in accordance with your rights under the Australian Consumer Law:

• the products do not need to be in their original packaging to be returned, however you must ensure that the products are adequately protected for transit; and
• you will be required to pay any delivery costs when you return items to us, however we will reimburse your reasonable delivery costs to you if you are entitled to a remedy under the Australian Consumer Law (subject to you providing proof of these costs).

10. LIABILITY

Subject to section 7 and to the extent the Australian Consumer Law applies and provides otherwise, our maximum liability to each other, whether in contract, tort (including negligence) or otherwise, in connection with any purchase by you from our Website, will be limited to the price you paid for the relevant products.

Except to the extent the Australian Consumer Law applies and provides otherwise, neither of us is liable to the other in any circumstances for any indirect or consequential loss (including loss of use, loss of profit or loss of revenue) arising in connection with any purchase by you from our Website.

11. WAIVER

If you breach these Terms of Purchase and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Purchase.

12. FORCE MAJEURE

We are not liable for any failure or delay in the performance of our obligations resulting from causes beyond our reasonable control, including acts of God, strikes of our own employees and other unexpected interruptions.

13. DATA AND PRIVACY

In order to provide you with your order, we will process your data in accordance with local data protection laws. For more information about how we use your data, please see our Privacy Policy.

14. OUR CONTACT DETAILS

Our contact details are found on this link: www.sodastream.com.au/contacts

REGISTER TO WIN COMPETITION - TERMS & CONDITIONS

1. Information on how to enter and prizes form part of the conditions of entry. Entry into the competition is deemed acceptance of these terms and conditions.
2. Entry is open to Australian residents only (“Eligible Entrants”). The competition is not open to employees of SodaStream Australia, their agents, contractors, consultants, their families (including de-facto spouses) or to other persons assisting with the competition.
3. The Promoter is SodaStream Australia Pty Ltd (ABN: 81 104 202 093) (“Promoter”).
4. Prize offered is "A Years Supply of Flavours" which includes: 24x randomly chosen SodaStream Flavours.
5. To be eligible to win, Entrants must be over the age of 13 and enter on the Product Registration page.
6. Entrants must enter in all mandatory details in order to be eligible to win.
7. Only one entry per person will be accepted.
8. Competition closes on December 31st 2018 and a winner will be notified at the beginning of each month.
9. The winning entry will be chosen at random each month.
10. Winners may be asked to confirm either their postal address, phone number and/or email address before prize is dispatched. The Promoter will bear the cost of delivery but all other costs associated with the taking and use of the prize (including taxes, etc.) is the responsibility of the winners.
11. Winners will be notified either by email or by phone call. If the winner does not reply to the email or phone call within 21 days, the Promoter reserves the right to offer the prize to the next entrant whose entry meets the criteria or to reoffer the prize in an12. Incomplete and incomprehensible entries or incorrect contact details are not eligible to win. The Promoter accepts no responsibility for misdirected, lost or delayed entries and entries not received for any reason during the Promotion Period, or for any technical difficulties with entry.
13. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry process in any way, or who does not properly comply with the entry process, will be ineligible to win.
14. The prize must be taken as stated. The prize is not transferable or exchangeable.
15. The Promoter will not be held liable for any loss, damage or injury which results directly or indirectly from the competition, except that which cannot be excluded by law.
16. All entries become the property of the Promoter. By entering the competition entrants understand and agree that the Promoter (and it’s affiliates and companies that work for the Promoter) may use and disclose the information provided by them by entering the information into a database for future promotional, marketing or publicity purposes, subject to any applicable privacy laws.
17. The prize value will be as per competition post. All values quoted are current as at the time of post date and are subject to change.
18. The Promoter reserves the right to modify these rules, suspend or discontinue this competition at any time.
19. These rules are governed by the laws of Australia.
20. Entry into this competition is restricted to those aged 13 years of age or older.