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 reserved the right to change orders with pricing errors or availability errors. 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

It’s smooth and simple

When you choose Klarna at checkout, you’ll get the option to shop now and pay later for your purchase. It is easy, safe to use, and you’re always covered by Klarna’s Buyer Protection. (link: https://www.klarna.com/au/buyers-protection/)

4 interest-free instalments

Split your purchase into 4 interest-free payments so you can spread the cost of your purchase over time. Enter the credit or debit card of your choice for automatic payments every two weeks. No interest or added fees when you pay on time!

How to checkout with Klarna

SODASTREAM - PRIVACY POLICY

Privacy last updated: April 4, 2021

• We collect personal information in order to offer our products and/or services and their functions. We may use the information collected in order to validate your order or subscription, to process your payment (for instance, a monthly fee in the case of a subscription) and to provide the products and services that you requested, ordered or to which you subscribed. We will also use your personal information as far as necessary for the handling and fulfilment of your order as well as to provide customer support.
• We also use this information for customer management purposes, to maintain our relationship with you, with a view to providing stellar customer experience.

• We may use the information collected from you to verify your identity. We may also use this information to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time.

• to improve our products in order to make them fit for our customers' needs and to draw insights in relation to possible improvements;
• to improve our services to you and customize your browsing experience. Some of the information (particularly the information collected by cookies and other tracking technology) helps us improve our website; and
• to track any fraudulent activities and other inappropriate activities and monitor content integrity on our website.

We collect applicant personal data solely for SodaStream's internal recruitment purposes including for the purpose of: identifying applicants, evaluating their applications, making hiring and employment decisions, and contacting applicants by phone or in writing.

We use your personal information to respond to your queries and/or complaints about our products or services, and to provide you important information about your account and your products e.g. to inform you that your payment has been accepted or your order has been processed.

We may use your personal information, including information related to your order, such as your address, for direct marketing purposes. We may, for example, send you emails to inform you of news and updates about our products and services. This may be in the form of email, post, SMS, telephone or targeted online advertisements. Where required by law, we will obtain your consent prior to sending you such marketing information.

To protect your privacy and ensure you have control over the use of your personal information for marketing purposes, we will always give you the opportunity to "opt out" of direct marketing when you contact us in relation to a product or service or you receive any email, text or other direct marketing communication.

You have a right to prevent direct marketing of any form at any time - this can be exercised by following the opt-out link attached to each communication, by changing privacy settings within your SodaStream account or by sending an email to privacy@sodastream.com. If you want to review or update the information you have provided us, you can click "my profile" at our website's home page, and edit the information. If you have not been asked already to provide your email address and a password, we will ask you to do it before changes are made, so as to prevent others from accessing and altering your personal information.

Based on the information we have about you, we take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

We will only collect, use or share your personal data for the purposes set out in this Privacy Policy where we are satisfied that:

Where the basis of processing is your consent, you have the right to withdraw your consent, and therefore prevent that processing, at any time.

• To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect. Some of the steps we take are: placing confidentiality requirements on our staff and service providers; destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected. SodaStream will comply with all applicable laws in the event of any breach of the security, confidentiality or integrity of your personal information that we hold and, where we consider appropriate or where required by the Privacy Act 1988 (Cth), notify you via email, text or conspicuous posting on our website in the most expedient time possible and without unreasonable delay.
• However, the security of personal information depends in part on the security of the device used to communicate with us, the security you use to protect your login information, and the security provided by your internet service provider. Where you have a SodaStream username, login or password, you are responsible for keeping this information confidential. We ask you not to share a username, login or password with anyone.

• We may retain your personal information for as long as is necessary, which depends upon the type of information and the purposes for which it may be used and disclosed by us. We will need to keep personal information for as long as is necessary to provide our products and services, and beyond such time to the extent necessary to satisfy our legal obligations (e.g . in relation to invoice retention) or for other purposes such as responding to possible disputes or complaints or for possible reactivation of subscriptions.
• In addition, we maintain a data retention policy which we apply to information in our care. Where your data is no longer required we will take reasonable steps to ensure that it is securely deleted or anonymised.
• Please note that SodaStream may retain applicant personal data submitted to it for no longer than two years after the applied position has been filled or closed. This is done so we could re-consider applicants for other positions and opportunities at SodaStream; so we could use their information as reference for future applications submitted by them; and in case the applicant is hired, for additional employment and business purposes related to his/her work at SodaStream. If you previously submitted applicant personal data to SodaStream, and now wish to access it, update it or have it deleted from SodaStream's systems, please contact us at privacy@sodastream.com

SodaStream may share your personal information with third parties (or otherwise allow them access to it) only in the following manners and instances:

• we are required or authorised by law to do so;
• you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
• we are otherwise permitted to disclose the information under the Privacy Act 1988 (Cth).

We may also disclose any personal information or other information obtained from or about you, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets, to the extent that this is necessary for the process.

Your personal information may be transferred and processed outside your place of residence, to countries such as Israel which are subject to different standards of data protection. We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable laws and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. To this end:

SodaStream uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used in order to maintain, provide and improve our services on an ongoing basis, and in order to provide our customers with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our customers' preferences and authenticated sessions, to better secure our services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our services.

Please note that third party services placing cookies or utilizing other tracking technologies through our services may have their own policies regarding how they collect and store information. Such practices are not covered by our Privacy Policy and we do not have any control over them.

Cookies

Our website uses cookies, web beacons and similar technologies ("Cookies") to track information provided to us by your browser when you use our website. Cookies are small text files containing small amounts of information which are downloaded and may be stored on any of your devices that enable internet usage e.g. your computer, smartphone or tablet - like a memory for a web page. We use several different types of cookies. We use the following cookies on our website

We use the following cookies on our website:

Necessary cookies are essential and help you navigate our website. This helps to support security and basic functionality and are necessary for the proper operation of our website, so if you block these cookies we can't guarantee your use or the security during your visit

Functionality cookies are used to provide you the best user experience. These cookies are, for instance, used to personalise content for you in line with your location. It also allows our website to remember choices made (like turning off use of cookies or which location you have previously selected) to provide more personal features.

Performance cookies help us to understand the behaviour of users of our website. This allows us to continuously improve our website to provide the best information in support of our project aims. These cookies are also used to help us understand how effective our website is. For instance these cookies tell us which pages visitors go to most often and if they get error messages from web pages.

All of the Cookies are managed by third parties, and you may refer to the third parties' own website privacy notifications for further information. In particular, we use Google Analytics, which allow us to assess how you and other web users use our website, and this information is essential in helping us to continuously improve our website's functionality. They can be preserved from 30 minutes to two years. The information generated by these cookies about your use of our website (including your IP address) will be transmitted to and stored by Google Inc.

Control your cookie settings

Once you have given us your agreement to the use of cookies, we shall store a cookie on your computer or device to remember this for next time. Internet browsers allow you to change your cookie settings, for instance to block certain kinds of cookies or files. You can therefore block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of the website, due to the fact that some may be functionality cookies. Further information about deleting or blocking cookies, please visit: http://www.allaboutcookies.org/manage-cookies

Individuals in Australia have the following rights under the Privacy Act 1988 (Cth):

• to request that we provide you with a copy of your personal information that we hold
• to request that we correct any errors in your personal information, to ensure that the personal information we hold about you is accurate, up-to-date, complete, relevant and not misleading. Note that you may also correct, update or remove certain parts of your personal information by yourself, or completely deactivate your SodaStream account, through your account settings; and
• to lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

We may update and change this Privacy Policy from time to time, to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this Privacy Policy .

If you would like to contact us, including if you have any questions about this Privacy Policy, wish to exercise any of your rights as described in section 11, or make a complaint regarding your privacy, you can contact us at: email address: privacy@sodastream.com

We will review your complaint and endeavour to respond to you as soon as possible. If you are unhappy with our response to your complaint, you have the right to make a complaint to the OAIC. Details of how to contact the OAIC are provided on its website at www.oaic.gov.au.