Terms & Conditions

Terms and Conditions

General

These terms of purchase (Terms) govern your use of sofamilia.com.au, including its associated pages and checkout facilities (Website); and your purchase of any products (Products) from Karameleon Vintage Pty Ltd (ACN 672 236 627) trading as So Familia (us/we/our). You acknowledge that you must also comply with our policies on the Website (Policies), which will form part of these Terms, except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail.

By using the Website and/or purchasing the Products you agree to be bound by the Terms and the Policies (collectively, the Agreement) and acknowledge that any ignorance by you in relation to the Agreement does not impact its enforceability. The Agreement constitutes the entirety of the terms and conditions applicable to your use of the Website and/or purchase of the Product, unless otherwise expressly agreed by us in writing. If you do not agree to the Agreement, you must not use the Website or purchase the Products.

We reserve the right to vary the Products, the Terms and/or the Policies, or any component contained therein, at any time in our absolute discretion and without notice to you. You agree that your use of the Website and/or purchase of the Products constitutes an agreement by you to be bound by the Agreement, as varied by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Agreement.

Website information

The Website and the content on the Website are subject to copyright, trade marks and other intellectual property rights. These rights are owned by or licensed to us.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

Information about certain products on the Website is based on material provided by third party merchants, sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

We take reasonable care to ensure that information displayed on the Website is accurate and current. However, due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website.

Vintage products

Vintage and pre-owned products have had a previous life and may show reasonable signs of age, imperfections, use or storage.

Sizing differs between brands, countries, eras and manufacturers. A labelled vintage size may not correspond with contemporary Australian sizing.

Unless we expressly state that a product has been independently authenticated, a product description identifying a brand is not a representation that an independent authentication service has examined it. This clause does not limit your rights if a product is counterfeit or materially misdescribed.

Terms of Sale

Orders

When placing an order for a Product (Order), you must follow the instructions on the Website.

You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website or that is accepted on any third-party checkout. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. You are also liable to pay any duties or other taxes or fees added to your Order by any destination country.

When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that your Order has been received and will not constitute acceptance of your Order. A contract for the purchase of the Product (Contract) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until your Order for that product has been accepted and a Contract formed. Your Order (or part of an Order) may be cancelled or not accepted for any reason.

Until the time when your Order has been accepted and a Contract formed, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If your Order has been cancelled (including any cancellation by you) before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any General Terms applying to an existing Order that has already been accepted and a Contract formed; the General Terms that will apply to any such Order are the General Terms that applied at the time you placed the Order.

In order to purchase any Products, you agree to pay us the prices that we have allocated to those Products, as well as any postage prices that are displayed on our Website, by using the checkout process on the Website. You are also liable to pay any duties or other taxes or fees added to your Order by any destination country.

Products may sell simultaneously online and in our physical store. This is particularly relevant to one-off vintage products.

We do not guarantee that a product shown as available will remain available until your Order is accepted.

Order information

You must ensure that the information provided with your order is complete and accurate.

If you discover an error in your Order information after placing an Order, contact us as soon as possible at hello@sofamilia.com.au. We will try to assist, but we cannot guarantee that an order can be changed after it has been placed.

We are not responsible for delivery delay or failure caused by materially incorrect information supplied by you, except to the extent that we caused or contributed to the error.

Payment

Payments may be processed by third-party payment providers. Your use of a third-party payment service may also be subject to that provider’s terms and privacy policy.

If a payment is reversed, dishonoured, charged back without proper basis or otherwise not received, we may suspend fulfilment while the issue is investigated.

We may request reasonable identity or payment verification where necessary to prevent fraud or unauthorised transactions.

Shipping and delivery

Please see our Policy regarding shipping.

We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the estimated timeframe indicated by us when you place your Order, but we cannot absolutely guarantee firm Delivery dates or times. Dispatch and delivery times may vary depending on availability or factors outside of our control, and you release us from any liability relating to the postage or timing or your Order.

Lost or undelivered parcels

You are responsible for providing a secure and accurate delivery address.

If an Order is lost or is not delivered due to an error by our delivery provider, please immediately notify us via email. We will investigate the delivery with the provider and, where the order cannot be located or delivered within a reasonable time, provide a replacement where available or a refund.

However, if you did not receive your Order as a result of your breach, act or omission, then we have not obligation to replace or refund the Order.

Risk of accidental loss or damage passes to you when:

the product is delivered to the address nominated in the Order;
the product is delivered in accordance with an authority-to-leave instruction given by you; or
you or your authorised representative collect the Order.

Store pickup

Where store pickup is offered, you must wait until we confirm that the Order is ready before attending the store.

Pickup is available from the location and during the hours stated in the confirmation notice.

If an Order is not collected within a reasonable period, we will attempt to contact you to arrange collection or another reasonable outcome.

We may offer promotional codes from time to time, subject to any conditions or Products that we determine, in our absolute discretion (Promo Code).

Only one Promo Code can be used on an Order.

In the event that we determine that a Promo Code has been wrongly copied, distributed or otherwise misused, we reserve the right to cancel, modify or suspend the Promo Code in our discretion.

We make no guarantees or representations regarding Promo Codes and are released from any liability arising in relation to them or their failure.

Gift voucher

We may offer gift vouchers for sale, at specified prices, to be used to purchase Products (Gift Voucher).

Please note that all Gift Vouchers expire three (3) years after they are purchased.

The Gift Voucher may only be used to purchase Products; you will be liable for any postage charges.

In the event that the Product/s you purchase:

exceed the value of the Gift Voucher, you will be liable to pay any additional amounts, in addition to postage charges; or
are lower than the value of the Gift Voucher, then the Gift Voucher will retain the remaining amount until its expiry date.

Acceptable use of the Website

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Website; which we would consider inappropriate; or which might bring us or our Website into disrepute, including (without limitation):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Website to defame, harass, threaten, menace or offend any person;
interfering with any user using our Website;
tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website;
using our Website to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Website, including the content on our Website, in any way that competes with our business.

Intellectual property

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website and all the content. Your use of our Website and your use of and access to the Website does not grant or transfer to you any rights, title or interest in relation to our Website or the content. You must not:

copy or use, in whole or in part, any content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any content to any third party; or
breach any intellectual property rights connected with our Website or the content, including (without limitation) altering or modifying any of the content, causing any of the content to be framed or embedded in another website or platform, or creating derivative works from the content.

Content submitted by you

If you submit a review, photograph, comment, social-media tag or other content to us, you retain ownership of your content.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content.

You warrant that:

you own the content or have permission to submit it;
the content is not false or misleading;
the content does not infringe another person’s rights; and
any person identifiable in the content has consented to its submission and intended use.

Third-party links and services

Our Website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Website and/or the content and/or any inaccessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Website, Product or any breach of this Agreement or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under this Agreement, and continues after this Agreement end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under this Agreement.

Disputes

In the event of any dispute arising from, or in connection with, this Agreement (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Notices

We may send notices relating to an Order to the email address supplied with that Order.

You are responsible for keeping your contact details accurate and checking your email, including spam or junk folders, for order communications.

Notices to us should be sent to hello@sofamilia.com.au unless this Agreement specify another method.

General provisions

No waiver: A failure or delay in enforcing a right does not waive that right.
Severability: If a provision is invalid, unlawful or unenforceable, it is to be read down to the extent necessary. If it cannot be read down, it is severed and the remaining provisions continue.
Assignment: You must not transfer an accepted order to another person without our consent, except when giving a product or gift card as a gift. We may transfer our rights or obligations as part of a genuine sale or restructure of our business, provided this does not materially reduce your rights.
Governing law: These terms and conditions are to be construed in accordance with the laws of New South Wales, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.

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