Terms & Conditions

Sooper Design Pty Limited (ABN 19 149 037 874)
Definitions
In this Document
Sooper Design Pty Ltd (‘Sooper Design’, ‘we’, ‘us’, ‘our’)
Sooperdesign.com.au (‘website’)
The User of the website (‘You’, ‘your’)
The Design Seller (‘they’, ‘them’, ‘their’, ‘his/her’)
Product for sale on the website (‘Object’ ‘Objects’)
Where the singular/plural is used this includes both singular and plural.

About Sooperdesign.com.au

Sooperdesign.com.au is owned by Sooper Design Pty Ltd and is a one stop shopping site featuring innovative design objects, insights into national trends, events and talented local designers, with calendars of design events, blogs, designer profiles and up to date news. But most importantly Sooperdesign.com.au is a hub of creative activity where consumers of Design can browse, be inspired and buy an array of hard to find, unique and high-quality Australian designed objects, with one simple payment gateway and a trusted and streamline delivery system. It is important that you understand that while we operate the website, the website includes Objects for purchase from various Design Sellers and that we make the Objects available for purchase by You as an agent of the Design Seller and not on our own behalf.

About the ‘Design Seller’

The Design Seller is a creator/seller of design objects who is making his/her Objects available for purchase through sooperdesign.com.au.The Design Sellers are not employees of Sooper Design and Sooper Design is not responsible for their compliance with any government or statutory laws or regulations.

About You, the user of the website

Sooperdesign.com.au is intented for Australian and International customers (see shipping section for a full list of the international). You are invited to use the website according to the following terms and conditions. By visiting the website You accept the following terms and conditions.

How Sooperdesign.com.au works

The website at www.sooperdesign.com.au is operated by Sooper Design Pty Limited (ABN 19 149 037 874) PO Box 387 Albert Park, Victoria 3206. The Sooperdesign.com.au website includes Objects available for purchase from various Design Sellers. Sooper Design makes these Objects available to the You via the Sooperdesign.com.au website, taking orders and collecting payment. Sooper Design acts as an agent for the Design Seller and is not responsible for the quality or accuracy of the objects delivered. All design sellers supply their product under strict supplier terms and agreements with Sooper Design. Each Design seller ships their Design Objects directly from their location within Australia in accordance with standards and delivery mechanisms established by Sooper Design.

About the Objects

Objects listed for sale on Sooperdesign.com.au are designed in Australia, however they may or may not be manufactured in Australia

WEBSITE TERMS AND CONDITIONS

Copyright & licence to use the content of the website - The website and all related content is subject to copyright and remain the exclusive property of Sooper Design Pty Ltd or the provider of the content. We, or our licensors retain all right, title and interest in and to the website and all related content, and nothing You do on or in relation to this website or any of its related content will transfer any Intellectual property rights to You. - Except as provided in these terms and conditions, permission to reprint or electronically reproduce the website or any of its related content in whole or part is expressly prohibited, unless consent has been granted in writing (contact hello@sooperdesign.com.au. Please type ‘Request to reproduce website content’ in the subject banner). Such permission may be revoked at any time, subject to applicable law. Any part of the website which you have been granted permission to access may be suspended or removed at anytime without notice. - We grant You access and a limited and nontransferable licence to use the website solely for your personal, non-commercial purposes General Terms - You must not disclose to any other person, any user name or password that we give you or that You use to identify yourself when using the website. We will assume that any use of the website using your name and password is You, and You will be held responsible for such use, unless You have notified us as follows:

You must notify us if You become aware of any improper use or disclosure of your user name and password
In using the website, You must not
provide us with incomplete or inaccurate information
violate any laws
use the website for any purpose that is unlawful or prohibited under these terms
impersonate another person
distribute viruses or corrupt files or act in any way that may cause damage to the operations of any computer hardware or software
collect or store data about other users of the website
engage in conduct that will inhibit another persons use of the website
Sooper Design retains the right to, at its sole discretion, cancel accounts, refuse service, remove or edit content and cancel orders.

Information provided by Design Sellers

Much of the information on the Website is provided by Design Sellers, including all of the information relating to the products that may be purchased from those Design Sellers. We believe that our Design Sellers are reliable sources of this information and attempt to describe all Objects as accurately as possible, however we cannot warrant that the descriptions are accurate, complete or error free and we cannot be responsible for such information. The colours, materials, sizes and finish of all information, models and images are only intended as an indication. Minor deviations from this are not grounds for rejection, a discount, compensation or annulment of the agreement. If the Object You order is not as described, your sole remedy is to return the Object as per our returns policy.

Website Content

The Sooperdesign.com.au website includes Objects available for purchase from various Design Sellers, profiles of various Design Sellers, blogs, news, sponsors/partners and advertising about various events and items that Sooper Design believe are relevant to You. Sooper Design reserves the right to profile any Design Seller, list any Object, blog or advertise any material it deems relevant to the Sooperdesign.com.au website without any recourse from You. Sooper Design can make any product unavailable or remove any product and/or profile from the Sooperdesign.com.au website, without offering any reason for doing so, or without obligation to supply that product either in retrospect or in the future.

Content submission

By contributing or submitting content to the website, You warrant that You are the author and owner of the intellectual property rights thereto and You grant Sooper Design worldwide, perpetual, irrevocable, royalty free, right and license to use, copy, modify, delete, adapt, translate, publish and distribute the material.

Warranties and liability

All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or this Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
In particular, and without limiting paragraph (a):
while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it operates them are free of viruses or other harmful components; and
we cannot be responsible for any loss, corruption or interception of data sent to or from the Website which occurs outside of our computer systems. We recommend that You install and use up-to-date anti-virus and firewall software on your computer.
Nothing in this agreement excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and corresponding provisions of Australian state or territory legislation.
If any term, condition or warranty is implied into this agreement and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions or the Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
special, indirect, consequential, incidental or punitive damages; or
damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Variation of this Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website (including the Design Sellers that may be included from time to time on the Website). Our links and advertisements We do not review all of the sites linked to the Website or advertisements included on the Website, and are not responsible for the content or accuracy of any sites linked to the Website or any such advertisements. The inclusion of any such link or advertisement does not imply that we endorse the linked site or advertisement.

Linking to this Website

We encourage you to provide links to the Website. While you may use the name “Sooper Design” “sooperdesign” or “sooperdesign.com.au” in the text of any such link, you may not use the Sooper Design logo or any of our other trademarks without our prior written consent. You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to the Website, you must immediately cease providing such links.

PRIVACY NOTICE

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy notice , which forms a part of these terms and conditions.

Information that we collect

Personal information collected on our own behalf:

Our server will automatically collect information about your use of the website. This is called Navigational Data and includes the type and version of the browser that you are using, your IP address, the URL you have come from and the duration of time spent at that URL, your domain type and server. This information is commonly collected by websites
When you use the website, cookies will be automatically placed in your browser. These help our systems to recognize your browser and to personalize content for You. They do not capture or track any personal information and You may disable this function by personalizing your browser settings.
If you chose to contact us or to register your details with the website, we will collect your email address and any other personal information you choose to provide. Information we collect on behalf of Design Sellers
We collect personal information from you when you order an Object from the website. This includes order information, delivery address and any other information you choose to provide
If you are asked for information, we will advise which information we require to fulfil your order and which is optional. If You choose not to provide the necessary information, You will not be able to purchase Objects from the website and You may not be able to use some or all of the website. Information we do not collect We do not collect or store your credit card or bank account details. All payments through the website are securely managed through PayPal + PayPal Website Payments (used for credit card and direct debit payments)

How We use the information You provide

We use your information to - Assist us in providing the website and all of its functions to You - Provide Design Sellers with the information they need to provide the Objects You order to You - Keep you notified of updates, news and anything else we deem relevant to your registration, if you have registered as a subscriber and chosen to receive such communications from Us. You may unsubscribe at any time using the option available on any such communication that we have sent or by contacting our Privacy Officer via email hello@sooperdesign.com.au. Please type ‘unsubscribe’ in the subject panel - Any other purpose for which you have given us your permission

Sharing Your information

The information You provide us may be used outside of our organization as follows: - Where we collect personal information on behalf of Design Sellers. The purpose of sharing this information is to ensure that your order is delivered to You. We take all reasonable measures to ensure that Design Sellers use this information for delivery purposes only, unless You have requested that they use the information for any other purpose, eg. to contact you directly regarding a custom order. - Where we require to share information with third party contractors who provide specific services to Us. These contractors may include payment processing organizations, delivery contractors and IT providers. Such contractors are required to keep this information confidential and are only authorized to use the information in a manner necessary to perform the function contracted by Us. - We may be required by law to provide disclosures to law enforcement agencies, government agencies, court or external advisors but will only do so in accordance with the appropriate law. We will not sell, rent or trade Your information to or with any other third parties.

Access or modification of Your personal information

Under the Privacy Act, You may have the right to access information we have about You, and You may also have the right to ask us to amend information that is inaccurate or incomplete.. If you wish to do this please email our Privacy Officer hello@sooperdesign.com.au. Please type ‘Request to access or change personal information” in the subject banner. We may charge you for access to such record and will address any request in a timely manner.

Storage of Information

We take all reasonable measures to ensure the security of any information held by Us including the risk of unauthorized access, destruction, use disclosure and modification. It is your responsibility to ensure that You protect the information You provide to Us by preventing unauthorized access to your computer and your password. Be sure to Log Out when leaving the website when using your own or a shared computer.

Unsolicited email and telephone contacts

Sooper Design will not email or telephone You to ask You to disclose your user name or password, credit card details or bank account number. These details should only be given by You by logging into your account or by You contacting Sooper Design

Links and third party websites.

The website will contain links to other sites. These other sites do not share Our Privacy Policy and we recommend that You view the policies of each site you visit.

GENERAL TERMS

Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms and conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and of the Commonwealth of Australia.
These terms and conditions constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.
The term “including” when used in these terms and conditions is not a term of limitation. Revisions to this policy We may revise any part of these terms and policies from time to time. An alert will be included on the website notifying you of any such change.

Contacting us

by e-mail to hello@sooperdesign.com.au; or by mail to PO Box 387 Albert Park, Victoria 3206.