Access

Access to and use of the Somage Online Shopping section of the Somage website www.somage.com.au (Somage Online Shopping) by you is conditional upon your acceptance, without alteration, of these terms of use and sale (the Terms), as amended from time to time and posted on the somage.com.au website by us, Somage Pty Ltd (ABN 24116174933) (Somage Pty Ltd).

Access to and use of the Somage Online Shopping is also conditional upon your acceptance, without alteration, of the Somage Privacy Policy and Somage Conditions of Use as may be amended from time to time and posted on the somage.com.au website.

By accessing, or continuing to access the Somage Online Shopping section of somage.com.au, you are agreeing to be bound by these Terms and acknowledge and agree to be bound by the terms of our privacy policy.

Placing your Order

To place an order: Simply add the desired items to your shopping cart using the "add to cart" button on its individual product page. You may change quantities by entering a desired number and hitting the 'recalculate' button.

To remove an item: Simply set the quantity to zero and hit the 'recalculate' button..

To complete your order: Once complete, hit the 'checkout' button.

All orders placed by you are subject to acceptance by us and we will confirm such acceptance to you by e-mail. If we are unable to accept your order (e.g. in the rare case of a stock out or removal of a promotional stock item), we will contact you promptly by email, telephone or mail to inform you.

Prices

Prices The prices for any goods will be as quoted, inclusive of GST (where applicable) and in Australian Dollars ($AUD). Prices are subject to change. Delivery costs are not included.

Sale and promotional prices are valid for the time period specified or until stocks last (whichever is earlier).

Payment

Full payment of the order is required before the order will be completed and your goods can be despatched.

Somage Pty Ltd accepts the following payment methods through our secure, online checkout system. * Visa * Mastercard Unfortunately we do not accept money orders, personal cheques or international credit cards.

Product Replacement

Product Replacements Somage can process refunds, replacements and exchanges only for items directly purchased from and fulfilled by Somage. We would be happy to provide refund or replacement in the event that:

There is a breach of product packing: if the packaging is damaged during transit and exposes the product causing leakage. There is an error in delivery: We send you the wrong product (eg. You ordered ‘English Breakfast’ and we sent you ‘Earl Gray’) or, we send you the wrong type of tea (eg. You wanted loose leaf tea and we sent you pyramid tea bags).

Procedure for lodging a claim: Any claim must be made within 48 hours of receipt of the goods.
Email the order confirmation number and date of purchase to enquiries@somage.com.au, a description of your reason for wanting to return the product, and whether you would like a replacement or a refund.
Goods must be returned to us using an Australia Post satchel, for us to issue you with a replacement. If the product is out of stock at the time we receive your return, we will offer an alternative product or a refund. If you wish to wait until the item is back in stock, we will contact you with details of when you can expect delivery.

Cancelation

Cancelation of Orders by the customer Please contact Somage via email at enquiries@somage.com.au to cancel an order. Cancelations can only be accepted on current stock merchandise prior to dispatch. You can contact Somage Fine Foods Monday to Friday 8am to 4pm. Outside these hours, you will be able to leave a message and will be contacted the following working day. Please note that if you want to cancel an order, a 15% cancelation fee applies to cover any costs payable to 3rd parties and the time we spend in processing and picking your order.

Cancelation of Orders by Somage Fine Foods

We reserve the right to cancel your purchase if:

(a) We have reason to believe that the credit card details entered by you at the time of purchase were fraudulently obtained, or declared stolen prior to our dispatch of your order.

(b) we have insufficient stock to deliver the goods you have ordered;

(c) the delivery address specified is outside of Australia; or if

(d) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your order, we will contact you via email and offer two alternatives options: select an alternate product of equal value, or receive a refund equal to the unfulfilled part of your order.

Delivery of Goods

The staff at somage.com.au fulfil orders Monday to Friday from 10am-5pm. Orders placed outside of these times will be fulfilled on the next business day. We will deliver the goods ordered by you to the delivery address you have provided us at the time you make your order.

Australia Post - Standard Delivery time is between 3 and 10 business days.

We will use all reasonable endeavors to ensure that delivery is made within 7 days of payment being received by us. You agree and acknowledge that we do not guarantee we will meet any delivery date and we will not be liable for any loss or damage, however it arises, if the goods are not delivered within 7 days of payment being received by us. If your order has not arrived within the expected time, you should contact us. However please be aware that delivery times vary dependent upon shipping destination. Once your order has been dispatched, parcel delivery is outside the control of Somage. We will however endeavor to help you if you have not received your package.

Abandoned Goods

If for any reason we are unable to dispatch items for which payment has been received for more than 30 days, the items will be deemed abandoned. In this event, you agree that Somage is released from any liability whatsoever in respect of your purchase. Reasons whereby items will be deemed abandoned may include:

An incorrect delivery address has been provided. - Legitimate additional shipping charges have not been paid by the purchaser despite our email request.

Warranty

Warranty We warrant that any goods purchased through the Somage Website are of satisfactory quality and fit for its intended purpose. We do not warrant, guarantee or make any representation:

(a) that Somage Online Shopping will be uninterrupted or free of error;

(b) in relation to the accuracy, reliability or content of any information that may be obtained from the use of Somage Online Shopping;

(c) that Somage Online Shopping or the Content, or the server that makes the Somage Online Shopping available on the WWW are free of software viruses;

(d) that the functions contained in any software contained on Somage Online Shopping or the Content will operate uninterrupted or are error-free; or

(e) that errors and defects in Somage Online Shopping or the Content will be corrected.

To the full extent permitted by law we exclude and disclaim any other express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on through the Somage Website or the Content.

Indemnity

You will at all times indemnify, keep indemnified, defend and hold harmless Somage Pty Ltd and its respective officers, employees and agents (Those Indemnified), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you, and or use of the material and or information supplied by you under these Terms.

Termination of Access

We may terminate access to Somage Online Shopping at any time without giving any explanation or justification for the termination of access, and we shall have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Online Shop.

Applicable Laws

All dealings with Somage will be subject to and interpreted under governing laws in the state of Victoria in Australia without reservation and by purchasing from this website, you agree to this.

Entire Agreement

These terms and conditions together with our current website prices, contract details, delivery details and privacy policy set out the whole of our agreement relating to the supply of goods to you by us.

Nothing said by any sales person on behalf of Somage Fine Foods should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. With the exception of fraud or fraudulent misrepresentation we shall have no liability for any such representations being untrue or misleading.

Force Majeure

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock outs and other internal disputes breakdown of systems or network access, flood, fire, explosion or accident.

Severability

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.

Changes to terms and Conditions

Somage reserves the right to vary these Terms & Conditions at any time without notice. All sales are deemed subject to the Terms and Conditions in place at the time of the sale.

Contact Details

We are happy to answer any questions you may have regarding these Terms or any other aspect of our service. Please contact our customer service team by emailing enquiries@somage.com.au.

Thank you and we hope you enjoy shopping with us.

Privacy

This Privacy Policy sets out the approach which Somage Pty Ltd will take in relation to the treatment of Personal Information. It includes information on how Somage Pty Ltd collects, uses, discloses and keeps secure, individuals' Personal Information. It also covers how Somage Pty Ltd makes the Personal Information it holds available for access to and correction by the individual.

This policy has been drafted having regard to Somage Pty Ltd's obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

1. COLLECTION

1.1 Somage Pty Ltd will only collect Personal Information where the information is necessary for Somage Pty Ltd to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

1.2 Somage Pty Ltd collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Somage Pty Ltd also collects and uses Personal Information for secondary purposes including:

billing and account management business planning and product development; and to provide individuals with information about promotions, as well as the products and services of Somage Pty Ltd affiliated companies and other organisations. to enhance the online shopping experience by displaying products and/or services that match the personal preferences of individuals based on their previous website browsing history and/or buying activity. 1.3 Somage Pty Ltd will not collect Sensitive Information from individuals except with consent and only where it is necessary for Somage Pty Ltd to collect such information for an activity or function.
1.4 Somage Pty Ltd will not collect Personal Information secretly or in an underhanded way.

1.5 Somage Pty Ltd will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.

2. USE

2.1 Somage Pty Ltd will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.
2.2 Somage Pty Ltd Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If Somage Pty Ltd relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:

the individual is clearly notified of their right to Opt Out from further Direct Marketing; there is only one Use of the information before the Opt Out right is given and this Use applies across all Somage Pty Ltd Related Bodies Corporate (if the information is shared between those Related Bodies Corporate); the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and if the individual Opts Out of all Direct Marketing the Opt Out will be respected by Somage Pty Ltd and all its Related Bodies Corporate. 2.4 Somage Pty Ltd will not use Sensitive Information for Direct Marketing.

2.5 Somage Pty Ltd may use Personal Information to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.

2.6 Somage Pty Ltd will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. DISCLOSURE

3.1 Somage Pty Ltd may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual's consent for Disclosures made under the credit reporting requirements of the Privacy Act.

3.2 Somage Pty Ltd may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.

3.3 Somage Pty Ltd may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfillment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual's Reasonable Expectations.

3.4 Somage Pty Ltd will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act. 3.5 Somage Pty Ltd may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
3.6 Somage Pty Ltd may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.

3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Somage Pty Ltd will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.

3.8 Somage Pty Ltd does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, Somage Pty Ltd will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. INFORMATION QUALITY

4.1 Somage Pty Ltd will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

4.2 Somage Pty Ltd will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.

5. INFORMATION SECURITY

5.1 Somage Pty Ltd requires employees and contractors to perform their duties in a manner that is consistent with Somage Pty Ltd's legal responsibilities in relation to privacy.

5.2 Somage Pty Ltd will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Somage Pty Ltd who have a genuine "need to know" as well as "right to know".

5.3 Somage Pty Ltd will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. ACCESS AND CORRECTION

6.1 Somage Pty Ltd will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.

6.2 Somage Pty Ltd will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Somage Pty Ltd Customer Service, as per the details on the website.

6.4 Somage Pty Ltd can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.

7. OPENNESS

7.1 Somage Pty Ltd Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting Somage Pty Ltd Customer Service, as per the details on the Somage Pty Ltd website.

7.3 Somage Pty Ltd websites will contain a prominently displayed privacy statement and will include a copy of this Somage Pty Ltd Privacy Policy.

8. ANONYMOUS TRANSACTIONS

8.1 Somage Pty Ltd will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Somage Pty Ltd may however request visitors to provide Personal Information voluntarily to Somage Pty Ltd (for example, as part of a competition or questionnaire).

9. TRANSFERRING PERSONAL INFORMATION OVERSEAS

9.1 Somage Pty Ltd will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.

9.2 If Personal Information must be sent by Somage Pty Ltd overseas for sound business reasons, Somage Pty Ltd will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

10. GLOSSARY

Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.

Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Somage Pty Ltd or a Related Body Corporate or those of an independent third party organisation.

Disclosure generally means the release of information outside Somage Pty Ltd , including under a contract to carry out an "outsourced function".

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.

Reasonable Expectation means a reasonable individual's expectation that their personal information might be Used or Disclosed for the particular purpose.
Sensitive Information means:

information or an opinion about an individual's: racial or ethnic origin; or political opinions; or membership of a political association; or religious beliefs or affiliations; or philosophical beliefs; or membership of a professional or trade association; or membership of a trade union; or sexual preferences or practices; or criminal record; that is also personal information or Health Information about an individual. Use means the handling of Personal Information within Somage Pty Ltd.