1. WHO WE ARE
1.1 Solo Brands Australia Pty Ltd ACN 660 925 575 (“Solo Brands”, “we”, “us”, “our/ours”) sells Solo Brands outdoor products (“Products”) through its website https://au.solostove.com, including the respective local domains, as well as other controlled social media pages such as Facebook, TikTok and Instagram (collectively the “Site”).
1.2 Please read the following terms and conditions (“Terms”) carefully before purchasing any Product from the Site. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. These Terms apply to every agreement between you as a customer (“Customer”, “you”, “your”, “yours”) and Solo Brands for the purchase of our Products through the Site (“Purchase Contract”).
1.3 These Terms are directed towards consumers, i.e. a natural person who purchases our Product/s solely or predominantly for his/her private purposes.
2. WE MAY MAKE CHANGES TO THESE TERMS
2.1 We may amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the Terms that apply at the time of use.
2.2 These Terms were most recently updated on July 19, 2022.
3.CONTRACT CONCLUSION; SAVING THESE TERMS
3.1 The presentation of our Products on the Site does not constitute a legally binding offer, but merely an invitation for you to order those Products.
3.2 By concluding the order process on our Site, you submit a binding offer for purchasing your selected Products. The Purchase Contract between you and us will be formed when you receive our formal order confirmation by e-mail (“Order Confirmation”) following Your order made through the Site (“Order”). We will inform you if we cannot accept your Order.
3.3 Prior to concluding your Order on the Site, we provide you with the option to check your information and to correct any errors, as once your Order is submitted, we will begin processing it immediately.
3.4 You can print out or save this version of these Terms using the corresponding functions of your browser or download it as a “pdf” and save it on your device. You will also receive the contractual provisions together with information on the Products and the withdrawal right instruction by e-mail upon your Order Confirmation.
4. Product prices, payment
4.1 All prices stated on our Site are in AUD and inclusive of goods and services tax (GST). The prices that apply for your Products are those that are set out on the Site at the time of your Order.
4.2 If applicable, we will set out delivery charges separately during the order process before you submit your Order.
4.3 We accept the following payment methods: Credit card (VISA, MasterCard, American Express, Discover) Invoices are due and payable immediately.
5. Delivery, Retention of title
5.1 Risk of loss in relation to, the Products shall pass to you immediately upon delivery of the ordered Products.
5.2 Delivery times vary depending on the product ordered and the delivery location. Delivery time is subject to individual carriers and delivery estimates remain estimates only at all times.
5.3 Title in the Products shall pass on the later of payment in full for the relevant Products by you and delivery of the ordered Products.
6. Warranty
6.1 Nothing in these conditions is intended to exclude, restrict or modify any implied condition or warranty the exclusion of which from a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of these Terms to be void (Non-excludable Condition). Any disclaimer, exclusion, or limitation as provided for in these Terms applies only to the extent permitted by law and remains subject to any rights you have under any Non-excludable Conditions. Any claims for damages will be subject to the liability disclaimers set out in these Terms.
6.2 In addition to and without limiting your rights under a Non-excludable Condition, we offer you a lifetime guarantee in accordance with the Lifetime Guarantee Policy under the conditions set out on our Site here:
7. Limitation of Liability
7.1 Subject to the provisions in Section 6.2, Solo Brands excludes from these Terms all conditions, warranties and terms implied by law, except any Non-excludable Condition.
7.2 Except for liability in relation to breach of any Non-excludable Condition and liability under clause 7.4, Solo Brands’ total liability to you in contract, including for one or more breaches of any express term or terms of these Terms (in aggregate), tort (including in negligence), statute, or otherwise, is limited to an amount equal to the total amount paid by you for the relevant Products under these Terms.
7.3 Solo Brands’ total liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at Solo Brands’ option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, the services in respect of which the breach occurred.
7.4 Except for liability in relation to breach of any Non-excludable Condition, Solo Brands excludes all liability to you for lost profits, lost revenue, lost savings, lost business, loss of opportunity, lost data or any consequential or indirect loss arising out of, or in connection with, any Products, and any claims by any third person, or these Terms, even if:
(i) Solo Brands knew that loss was possible; or
(ii) the loss was otherwise foreseeable.
7.5 To the extent our liability is lawfully limited or excluded, the same shall apply in respect of any personal liability of our legal representatives, contractors, directors, employees and agents.
8. Refunds
8.1 If you are not completely satisfied with your Product, you may return it for a full refund provided the returned Product, along with the original receipt for any returned Product, is received by us within 30 days of the date of purchase of the Product.
8.2 The returned Product must be unused, and in the original packaging with all tags still intact.
9. Terms regarding the Use of the Site
9.1 These Terms are not directed towards persons under the age of 13. If you are under 13 years of age, please discontinue use of this Site.
9.2 You may use the Site without creating an account. By creating an account with Solo Brands, you confirm that the information you have provided is true and your account will not be used for any ulterior motive or unlawful reason. You may not share your account information with, or allow access to your account by, any third-party. You will be responsible for all activity that occurs in relation to your account.
9.3 If it is determined by Solo Brands that you have provided false or misleading information or have violated these Terms, or other abuses have occurred, Solo Brands reserves the right to cancel your account without notice.
9.4 When using the Site you are prohibited from:
(i) attempting to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
(ii) linking to the Site without permission;
(iii) using data mining robots, or other data gathering devices on or through the Site;
(iv) posting incomplete, false, misleading or objectionable information or material;
(v) disclosing personal information about another person;
(vi) advertising or marketing non-Solo Brands products on the Site;
(vii) using the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, or other liability to Solo Brands.
10. Intellectual Property
10.1 We grant you a limited non-exclusive license to use the Site for personal use only. All content on the Site, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this Site, is the property of Solo Brands and protected under applicable copyright, trademark, and other intellectual property laws.
10.2 Any copying, republication, or distribution of this Site and/or its content is prohibited, unless done with the prior written consent of Solo Brands.
10.3 If you post content, including images, to the Site (specifically social media sites), you grant Solo Brands an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such material (including derivative works) throughout the world in any media without providing attribution or obtaining additional consent. Similarly, all suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time share with Solo Brands shall be deemed to be Solo Brands’ property. You further agree that Solo Brands and its affiliates are free to use any ideas, concepts, or know-how that you share with Solo Brands.
10.4 If you believe in good faith that materials posted on the Site infringes your copyright, you may send Solo Brands a notification requesting that the material be removed, or access to it blocked. The notice must include the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- identification of the copyrighted work(s) alleged to have been infringed;
- identification of the specific material alleged to be infringing or the subject of infringing activity;
- your name, address, telephone number, and e-mail address (if available);
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Choice of Law and Jurisdiction
These Terms and the Purchase Contract will be governed and construed in accordance with the laws of Victoria, Australia and both you and Solo Brands agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
12. Notices and Communications
Except as explicitly stated otherwise and depending on the statutory form requirements of your notice, all notices you send to Solo Brands shall be sent by mail to Solo Brands, Attn: Legal, 1001 Mustang Dr., Grapevine, TX 76051 or by e-mail to [email protected].
- Contact details, Customer support
Your views are very important to us as we strive to ensure that all our Customers receive the best possible shopping experience. However, if you are unsatisfied with your experience then please contact us under
Tel: 612- 7255-9898
Email: [email protected]
Our representatives are available Monday - Friday between [9] am and [6:30] pm (AEST)].
- Privacy
Solo Brands has adopted a separate privacy policy to which you can refer in order to understand the types of personal information we collect and use and the purposes for which it is collected and used. The privacy policy can be found here: https://au.solostove.com/privacy-policy/
- Severability
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- waiver
If you breach these Terms 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.