Terms of service

  1. Definitions
    1. In these terms and conditions, the following words have the following meanings:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or a public holiday in Queensland.

Claims means, in relation to a person, any claim, cause of action, proceeding, suit or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent. 

Copyright Material means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation.

Corporations Act means the Corporations Act 2001 (Cth).

Covid-19 Pandemic means the Covid-19 coronavirus pandemic as established by the World Health Organisation, and includes all regulations, sanctions, travel restrictions, forced closures or other pandemic protocols, circumstances or restrictions imposed by any Government Agency in respect of or in connection to the Covid-19 coronavirus pandemic.

Delivery Address means the physical street address contained in the Delivery Area as specified by You in the Order Form and to which the Products are to be delivered and expressly excludes any addresses that are a post office box, private bag or a parcel locker.

Delivery Areas means all areas within:

      1. Australia;
      2. New Zealand;
      3. United States of America; and
      4. Other International Destinations.

ETA means the Electronic Transactions Act (Queensland) 2001 (Qld).

Force Majeure Event means any occurrence or omission outside of a party’s reasonable control, as a direct or indirect result of which the party relying on the event is prevented from or delayed in performing its obligations under this Agreement (other than a payment obligation), and includes:

      1. a physical natural disaster including fire, flood, lightning or earthquake;
      2. riot, civil commotion, act of public enemies, national emergency (whether in fact or in Law) or government declaration or direction;
      3. epidemic, pandemic or quarantine restriction (including COVID-19);
      4. supply shortage or strike, lock out, stoppage, labour dispute or shortage including industrial disputes involving any of our suppliers.

Government Agency means:

  1. a government or government department or other body;


  1. a government, semi-government or judicial person; or


  1. a person (whether anonymous or not) who is charged with the administration of the Law.

Intellectual Property includes inventions (including patents), business names, trade marks, service marks, designs, logos, Copyright Material (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), trade marks, service marks, designs and performance protection.

Intellectual Property Rights means any and all beneficial and legal ownership and intellectual and industrial protection rights throughout the world, both present and future, including rights in respect of or in connection with any Intellectual Property and Moral Rights (whether or not now existing and whether or not registered or registrable) and includes any affairs or right to apply for the registration of such right and all renewals and extensions.

Law means any law, whether statute or common law (including the laws of negligence and nuisance), ordinance, regulation, by-law, order or other determination of any Government Agency.

Liability means Claims, Losses, liabilities, costs (including but not limited to legal costs), damage or expenses of any kind and however arising, including penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

Loss includes any loss, damage, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

Moral Rights has the same meaning as in Divisions 2, 3 and/or 4 of Part IX of the Copyright Act 1968 (Cth).

Order has the meaning given to it under clause 4.1 of these Terms and Conditions.

Order Form means the order form generated via the Website to be completed by You to collect the details of Your Order.

Other International Destinations means such other areas agreed to us from time to time by prior written notice to You in accordance with clause 8.1.

Payment Method means payment by credit card or electronic funds transfer.

Privacy Policy means our privacy policy accessible at {please insert}.

Products means those products advertised for sale on our Website from time to time.

Shipping Reference Number is the shipping reference number that may be provided to You in accordance with clause 8.1(b)(ii).

Terms and Conditions means these terms and conditions and also includes the:

      1. Privacy Policy; and
      2. Website Terms of Use.

Website means https://softlysummer.com.au/and associated social media platforms operated by us or on our behalf.

You means the person(s) or entity specified in the Order Form as the customer and Your has a corresponding meaning

  1. General
    1. You must not order or attempt to order Products from us if You are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older.
    2. By completing and submitting an Order Form You warrant that You have:
      1. read, accepted and will comply with the Terms and Conditions;
      2. You are eighteen (18) years or older (or have the consent of a legal guardian who is eighteen (18) years or older.
    3. Without limiting clause 2.1 above, by completing an Order Form and placing an Order with us, You accept the Terms and Conditions by making an Order with us.
  2. Personal Information

Any personal information that You give us will be held and may be used or disclosed by us in accordance with our Privacy Policy.

  1. Placing Orders for Products and Services
    1. You may order Products by completing and submitting an Order Form through the Website in accordance with these Terms (‘Order’).
    2. Any Order placed through the Website for a Product is an offer by You to purchase the particular Product for the price noted on the Website (plus any delivery charges, other fees and taxes notified to You prior to You submitting the Order Form).
    3. We may ask You to provide additional details or require You to confirm Your details to enable us to process any Order placed.
    4. It is your responsibility to check all details in the Order, including Product and pricing, before you complete your Order and submit the Order Form via the Website.
    5. You agree that all information provided by You to us, including but not limited to in an Order Form, via email or when You place an Order, is current, complete and accurate and not in any way misleading (whether by omission or otherwise)
  2. Acceptance or rejection of an Order
    1. We may accept or reject Your Order for any reason at our discretion depending on factors including without limitation the availability of Products and delivery services and our ability to validate payment for the Products or services.
    2. Once an Order is accepted by us, to the extent permitted by Law we may cancel Your Order in accordance with clause 9.
    3. If we reject Your Order (other than due to a breach of these Terms and Conditions by You), we will refund any money paid by You to us in respect of the Order.
    4. Each Order placed through the Website which we accept results in a separate binding agreement between You and us for the supply of the relevant Products.
  3. Availability and  Display of Products
    1. If we are unable to supply the Products the subject of Your Order, we will notify You as soon as reasonably practicable. 
    2. Specifications and packaging provided for each Product is based on the information or packaging (as the case may be) provided to us by our suppliers or manufacturers and is to be used a general guide only. To the extent permitted by Law (including the Australian Consumer Law), you acknowledge and accept that the specifications and packaging displayed on the Website may occasionally differ from the Products delivered due to changes in the manufacturer’s or supplier’s packaging and specification descriptions.
    3. We endeavour to display the colours and images of Products on the Website as accurately as possible. However, sometimes there may be a variation in the colour or shade of the colour of the Product that You see on the Website as compared to the actual Product provided. This can be due to, among other things, photography lighting, computer picture resolution and individual monitor settings. To the extent permitted by Law, we make no warranty or representation and do not guarantee that the colour or shade of the colour of the Product as displayed or depicted on the Website will be exactly the same as the colour or shade of the colour of the Product ordered and delivered.
  4. Billing and payment
    1. Payment for each Product must be made in full by a Payment Method prior to an Order being dispatched.
    2. Orders will not be dispatched until payment for the relevant Products has been received in full and clear funds.
    3. All payments and refunds will be made in AUD ($). Any refunded value may differentiate depending on the exchange rate applied at the time of processing the payment.
  5. Delivery
    1. Delivery of Products
      1. We deliver Products purchased through our Website to the Delivery Areas.
      2. If You are in a Delivery Area that is outside Australia ,New Zealand or the United States:
        1. You must submit a request to us for a shipping quote to your Other International Destination by emailing hello@softlysummer.com.au;
        2. If we are able to accommodate shipping to your Other International Destination (at our sole discretion) we will provide you with a quote for shipping to your Other International Destination within five (5) Business Days after receipt of your request as made in accordance with 8.1(a) and provide you with a Shipping Reference Number;
        3. If You wish to proceed on the basis of our quote provided in accordance with 8.1(b)(ii), we will then (for a period of time which will be specified by us via email correspondence with You) arrange for your Other International Destination to be available for selection on the Order Form so that you may place your Order. 
      3. We will not process Your Order and send the Products to Your Delivery Address until:
        1. we have accepted Your Order;
        2. we receive payment of for the Products (including all taxes, delivery and other charges notified to You prior to You submitting an Order Form.
      4. Subject to clause 8.1(c), Products, the subject of Your Order, will be sent by us to Your Delivery Address via Australia Post or a reputable courier company.
      5. Delivery times will depend on Your chosen delivery option (i.e. express or standard post).
      6. Please note that delivery timeframes as noted on our Website are provided as estimates only and may vary (particularly due to circumstances beyond our control). We endeavour to deliver Orders as close to the estimated timeframe as possible but cannot guarantee this. For further details regarding our delivery service, including time-frames and areas, please see our Delivery Policy.
    2. Delivery requirements
      1. By placing Your Order with us, You agree to comply with the following delivery requirements:
        1. Products will only be delivered to the person named on the Order or a person who is at the Delivery Address provided that person is over the age of eighteen (18). The person taking delivery may be required to provide proof of identity (including photographic identification and date of birth).
        2. We will only deliver a Product if there is no-one at the Delivery Address if:
          1. you have provided an authority to leave at the time you made your Order; and
          2. the courier determines in their sole discretion that there is a safe place to leave Your Order; or
          3. the courier determines in their sole discretion that in the circumstances it is appropriate to leave Your Order.
        3. If we are unable to effect delivery for any reason:
          1. Your Order will be returned to us and we will endeavour to contact You to arrange a new delivery date and time. You may be charged an additional fee for this service.
        4. You acknowledge that we may collect and record the details of any identification provided in relation to delivery of Products. The personal information collected will be held and may be used in accordance with our Privacy Policy.
  6. Cancelling an order
    1. Cancellation by us
      1. We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any Liability to You for that refusal or cancellation if:
        1. the Products the subject of Your Order are not available;
        2. we are unable to process Your payment;
        3. there is an error in the price or the product description posed on the Website in relation to the Products the subject of Your Order;
        4. we reasonably suspect that You have breached any of the provisions featured within these Terms by placing the Order; or
        5. we reasonably suspect fraudulent or unlawful activity.
    2. Cancellation by You
      1. Unless otherwise provided for pursuant to the Australian Consumer Law or any other Law which the parties cannot legally contract out of, You agree that You cannot change or cancel an Order after it has been placed.
      2. If You wish to change or cancel Your Order, please contact hello@softlysummer.com.au. Every attempt will be made to accommodate Your request, however unfortunately no guarantee can be given once an Order has been placed.
      3. If we agree to You changing or cancelling Your order after it has been placed, we may do so subject to:
        1. You providing us with proof of purchase of the ordered Products;
        2. the ordered Products being in their original condition and packaging; and
        3. You agreeing to pay an amount we request on account of our reasonable costs of processing the change or cancellation.
      4. If Your Order has already been processed, You may still be able to return the Products the subject of Your Order. Please see our Returns and Refunds policy below for more information.
  7. Returns and refunds
    1. Our refunds and returns policy incorporates those rights You have under the Australian Consumer Law.
    2. As a precondition to our assessment of any request for a refund or a return we will ask You to provide us with a valid proof of purchase of the relevant Product or Service. This may include Your original receipt, Your tax invoice or a statement from us.
    3. Failures in respect of Products
      1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:
        1. a replacement or refund for a major failure; and
        2. compensation for any other reasonably foreseeable loss or damage.
      2. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.
      3. If the failure is minor, we reserve our right to offer to repair only.
    4. How to return Products
      1. You must provide us with:
        1. proof of purchase by producing the original tax Invoice or other form of proof such as proof of payment;
        2. the goods listed on the tax invoice with all original packaging and manuals enclosed (including any bonus offers if applicable);
        3. goods in their original condition;
        4. goods with their tags remaining attached;
        5. suitable identification to identify You as the original purchaser; and
        6. our online returns form which details the fault or issue with the goods and that the fault or issue was not caused by You.
      2. We reserve the right to refuse any request for cancellations, exchanges, alterations, amendments, returns and refunds in accordance with the Australian Consumer Law.
      3. You will be liable for any costs incurred relating to delivery, where the products have been delivered to You, unless the product is found to be fault or damaged.
      4. Returns or refunds will not be offered where any products have been marked as “undeliverable” by the shipping provider.
      5. You may be charged 20% of the purchase price of Your purchase for the administrative and handling costs associated with any exchange, alteration, amendment return or refund in accordance with the Australian Consumer Law.
      6. Please download and complete our online returns form to ensure we can process Your refund as quickly as possible. This form should be included with Your return. You can download Your returns form here: https://softly-summer.myshopify.com/pages/warranty-form
    5. Items not Eligible for Return
      1. We do not accept returns or exchange for change of mind or where the fault of the Product was caused by Your misuse. All Products come with Care Instructions that You acknowledge You will read carefully.
      2. We are not liable for faults in the Product that occur due to using the Product in a way that does not align with the Care Instructions.
  8. Risk and title
    1. The risk in the Products will pass to You once You have taken delivery of the Products.
    2. Title to the Goods will not pass to You until we have received payment in full for the Products.
  9. Liability
    1. Without excluding, restricting or modifying the rights and remedies which may be afforded to You by the Australian Consumer Law or our potential liability to You under the Australian Consumer Law:
      1. You acknowledge that the Website and each Product is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose;
      2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products and the Website or the subject matter of these Terms to the maximum extent permitted; and
      3. we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to You for indirect and consequential loss arising from or connected to these Terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
    2. Our liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to You for loss or damage of any kind arising out of these Terms or in connection with the relationship established by it is reduced to the extent (if any) that You cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
  10. Termination and suspension
    1. Suspension
      1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we deem that You have likely acted in breach of these Terms or have used the Website in a fraudulent, illegal or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 9.
      2. If we lock, suspend or delete Your account under clause 13.1, then we will refund all credits that You are entitled to receive under these Terms by direct deposit to Your nominated account once we have conducted all our verification and other relevant checks.
    2. Termination
      1. We may immediately suspend, terminate or limit Your access to and use of the Website and (where relevant) Your Account for any reason, including (but not limited to):
        1. If You breach these Terms or we reasonably suspect (in our sole discretion) that You have breached these Terms; or
        2. We are required by Law to do so.
      2. You may stop using the Website at any time and for any reason.
      3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify You and will refund to You all valid payments received by us for those Products.
  11. Force Majeure
    1. Neither party will be in breach of these Terms or liable for any failure or delay in the performance of its obligations under these Terms to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the other party.
    2. If these Terms are no longer capable of being performed due to circumstances beyond the reasonable control of the parties, whether as a result of a Force Majeure Event or otherwise:
      1. the agreement between the parties will be at an end; and
      2. both parties must immediately discharge all of their financial and other obligations under these Terms up to the date of expiration or termination of the Terms.
  12. Miscellaneous 
    1. Governing Law

These Terms are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

    1. Severance

Any provision of these Terms which is prohibited or unenforceable in the jurisdiction specified in clause 15.1 above will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

    1. Variation

No variation, modification or waiver of any provision in these Terms, nor consent to any departure by any party from any such provision, will be of any effect unless it is in writing, signed by the parties or (in the case of a waiver) by the party giving it.  Any such variation, modification, waiver or consent will be effective only to the extent to or for which it may be made or given.

    1. Waivers

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy.  A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.  A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

    1. Survival

Any indemnity or any obligation of confidence under Terms is independent and survives termination of these Terms or an agreement arising in connection with these Terms.  Any other term by its nature intended to survive termination of these Terms survives termination of these Terms.