Terms and Conditions
General Terms and Conditions of Sale.
Please note that other general terms and conditions apply.
In these conditions,
"Agreement" means any agreement or contract entered into for the provision of goods and /or services by Solaire PTY LTD to the Customer.
"Terms" means these Terms and Conditions of Trade.
"Customer" means a person. Firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services from Solaire PTY LTD.
"Delivery" means when Goods are delivered to the Customer's Premises or when Services are provided.
"Goods" means goods supplied by Solaire PTY LTD to the customer.
"GST" means Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended.
"Intellectual Property" means all copyrights, patents, trademarks, designs, formulae, specifications, confidential information, manufacturing processes and or modifications, improvements and derivations (whether registrable or not) owned or licensed by Solaire PTY LTD in respect of the goods and services.
"Services" means services supplied by Solaire PTY LTD and/or Solaire PTY LTD to the Customer
"Terms" means the terms and conditions of trade
2. Basis of Agreement
These Terms apply to the supply of all Goods and Services by Solaire PTY LTD to the Customer cannot be varied except in writing signed on behalf of Solaire PTY LTD. The reverse side of commercial invoice where the terms and conditions are displayed superseads all other terms and conditions.
The Customer shall supply Solaire PTY LTD with detailed and specific instructions as to the Goods and Services it requires.
Any written quotation provided by Solaire PTY LTD to the Customer for the proposed supply of Goods and Services is:
i. Valid for 1 month from its date.
ii. An invitation to treat only;
iii. Subject to the Customer offering to enter into an Agreement in accordance with these Terms.
3. Solaire PTY LTD may include additional terms in its quotation to the Customer. In the case of inconsistency between terms set out in Solaire PTY LTD quotation and these Terms the terms set out in the quotation shall prevail which can be found on reverse of invoice.
4. The Customer shall offer to purchase Goods by signing the quotation and returning to Solaire PTY LTD.
5. The Customer's offer shall be deemed to be accepted by Solaire PTY LTD when confirms its acceptance in writing or by electronic means.
Prices quoted for the supply of Goods and Services exclude GST and all other taxes or duties imposed on the Goods and Services in addition to paying the price of goods and services, the Customer must pay any GST and any other taxes or duty imposed on the Goods and Services.
If the customer requests any variation to the Agreement, Solaire PTY LTD may vary the price of the Goods or Services to account for the variation.
Where there is a substantial variation in the cost of materials or services used by Solaire PTY LTD in producing the goods or services Solaire PTY LTD may vary its price for the Goods or Services by notifying the Customer.
All pricing is in Australian Dollars (AUD).
Payment must be made prior to goods/services being supplied.
Payment by cheque is not deemed made until proceeds of the cheque have cleared.
Credit card fee of the following will be charged for online transactions
i. 1.3% Visa/Mastercard & American Express
ii. 4% Diners Club
iii. Cheque and Money Order are available however goods will not be picked for packaging
until the clearance of these. Cheques and money orders can be posted to
P.O. Box 402, Ocean Grove, VIC 3226.
8. The Customer shall reimburse Solaire PTY LTD all expenses and costs incurred by Solaire PTY LTD in recovering monies not paid by the Customer.
9. Risk and Insurance
The Goods shall be at the Customer's risk immediately following Delivery of the Goods.
The Customer shall obtain all necessary licenses and permits in relation to the Goods under all relevant laws or regulations.
From the time of Delivery the Customer assumes all risk and liability for loss, damage or injury to persons or property of the Customer, or third parties arising out of the use of possession of any of the Goods whether such goods are used singularly or in combination with other substances, or any process.
The client acknowledges and releases Solaire PTY LTD from all activities including personal injury arising from but not limited to Solariums, Tanning Beds, Sun Lamps, Sun Beds, Tanning Beds and the like.
The customer acknowledges that
It has not relied on any services involving skill and judgment, or any advice, recommendation, information or assistance provided by Solaire PTY LTD in relation to the goods and or services or their use or application.
It is solely responsible for satisfying itself that the goods or services are suitable for use of the Customer or any contemplated use by the Customer, whether or not such use is known by Solaire PTY LTD.
Any description of the goods provided in a quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.
The client acknowledges and releases Solaire PTY LTD from all activities including personal injury arising from but not limited to Solariums, Tanning Beds, Sun Lamps, Sun Beds, Tanning Beds and the like.
Solaire PTY LTD will, at its discretion, arrange for the delivery of the goods to the Customer and shall designate the route and means of transportation for the delivery of Goods or Services. In the event that the Customer requires a different route or form of transportation the Customer will reimburse Solaire for the extra costs involved.
Customers can expect delivery within 7 business days, depending upon final destination.
All freight to Victoria will be charged a delivery fee of 14.50 plus GST up to 25kg. All freight over 25kg will be supplied on individual basis.
All freight nationwide will be charged a delivery fee of $25 plus gst for items under 5kg and $35 for items over 5kg up to 25kg. All freight over 25kg will be supplied on individual basis.
Unless otherwise agreed in writing by Solaire PTY LTD, the Customer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the customer to the point of delivery.
The Customer must provide reasonable and proper access to the location specified for delivery. If goods are to be left a note stating goods may be left and signed must be available to the driver to collect as proof of delivery to the address.
The Customer authorizes Solaire PTY LTD in its absolute discretion to subcontract delivery.
The Customer indemnifies Solaire PTY LTD against any loss or damage suffered by Solaire PTY LTD, its subcontractors or employees as a result of delivery.
Any period of date for delivery of goods or provision of services stated by Solaire PTY LTD is intended as an estimate only and is not a contractual commitment. Solaire PTY LTD will use its reasonable endeavours to meet any estimated date for delivery of the goods or completion of the services but will not be liable in any circumstances for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
A completed drivers' manifest or delivery docket whether signed by the driver or the Customer or its employee or agent will be proof of Delivery of goods invoiced.
Goods must be checked for damage and completeness in the presence of the delivery driver. The customer acknowledges that once the customer has signed for the delivery they are signing that they have received the delivery in good condition and intact
12. Returns/Exchanges/ Warranty
Solaire PTY LTD does not refund or exchange purchase except as specifically set out herein, or contained in any warranty statement provided with the goods or services, any term, condition or warranty in respect of the quality, merchantability, fitness for purposes condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise which may be lawfully excluded, is hereby expressly excluded.
Solaire PTY LTD liability arising under or in connection with the sale, use of, shortage in Delivery of or any other dealings with the Goods or Services by the Customer or any third party shall be limited to replacement or repair the Goods re-supply of the Services.
2A. The client acknowledges and releases Solaire PTY LTD from all activities including personal injury arising from but not limited to Solariums, Tanning Beds, Sun Lamps, Sun Beds, Tanning Beds and the like
Solaire PTY LTD shall not be liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or good services.
Solaire PTY LTD shall not be liable for any loss or damage suffered by the Customer where Solaire PTY LTD has failed to deliver goods or services or fails to meet any delivery date or cancels or suspends the supply of goods or services.
Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be restricted or modified.
Equipment Warranty - Warranty cards must be completed and returned within 14 day with proof of purchase to register for warranty. Failure to complete card within the 14days voids all warranty.
All equipment is designed to be used with Solaire PTY LTD products failure to only use these products voids all warranties.
Provision of the Equipment Warranty is subject to:
i. Written notice from the Customer stating why the equipment does not meet specification
or those Goods that are defective.
ii. The provision of the equipment to Solaire PTY LTD for testing at the customers cost.
iii. Correct use and storage of the Goods in accordance with instructions provided.
iv. Using the Goods and services in accordance with their intended purpose.
v. Providing evidence the customer is adequately trained and qualified.
vi. All necessary and appropriate precautions and safety measures relating to the storage,
use, handling and maintenance of the goods.
vii. Solaire PTY LTD shall not be required to replace Goods which are defective as a result of
not being used for their proper or intended purpose or which have been treated,
processed or changed in any manner.
viii. Solaire PTY LTD will determine if the equipment is defective or as a result of customer.
Solaire will determine if repair or replacement shall be the most appropriate.
In the event the equipment is deemed not defective the customer will be advised of costs for repair/replacement.
The customer will be held responsible for all costs and charges for labour, parts, freight, insurance etc.
ix. Provide Evidence of Solaire PTY LTD Solution Purchase.
x.The extended warranty expressed to sun beds, tanning beds, collagen beds, red light beds, collatan beds etc covers manufacturing defects in materials and workmanship encountered in normal non-commercial use. The extended warranty as per the product page only applies to the original purchaser, with proof of purchase from the original date of invoice. The extended warranty includes parts only and does not cover labour, lamps, acrylics or freight. The extended warranty shall not apply to the following, including, but not limited to: damage which occurs in shipment; delivery and installation; applications and uses for which this product was not intended; cosmetic damage or exterior finish; accidents, abuse, neglect, fire, water, lightning or other acts of nature. The extended warranty does not include customer adjustments and failure to follow operating instructions. The machine must be serviced annually by a Solaire PTY LTDservice technician. Extended warranty is void if any alterations or maintenance or servicing is undertaken by a non-authorised service technician. A service technician must be authorised by Solaire PTY LTD.
13. Intellectual property.
The Customer acknowledges that it has no proprietary rights or interest in the Intellectual Property.
The Customer must not register or record or attempt to register or record anywhere in the world the Intellectual Property or any part or any patents, inventions, trademarks or designs derived from or similar to the Intellectual Property or aid or abetted anyone else in doing so.
The Customer must not at any time create, sell, manufacture or process any goods or services using or taking advantage of the Intellectual Property.
The Customer indemnifies and agrees to keep indemnified Solaire PTY LTD against all liabilities losses and expenses incurred by Solaire PTY LTD in relation to, or in any way directly or indirectly connected with, any breach of any Intellectual Property rights in relation to the Customer's manufacturing process or material provided by the Customer for the manufacture or supply of the goods and services.
Any Intellectual Property provided to the Customer by Solaire PTY LTD in connection with the goods and services remains the exclusive property of Solaire PTY LTD and must be returned to Solaire PTY LTD on demand and must not be copied or communicated to any third party without the express written consent of Solaire PTY LTD.
All specifications, formulae, drawings, illustration, descriptive matter and particulars contained in Solaire PTY LTD catalogues, website and marketing documents are indicative only, do not form part of this Agreement, and are not representations or warranties of any kind. Any discrepancies will not entitle the Customer to rescind this Agreement or seek compensation or damages.
The Customer must not reverse engineer any goods provided to it by Solaire PTY LTD.
All drawings, descriptive matter and particulars supplied by Solaire PTY LTD to the Customer remain Solaire PTY LTD property and are to be returned to Solaire PTY LTD on demand and the Customer shall not publish or communicate any of them to any person or publish or permit them to be copied or communicate them to any other person without Solaire PTY LTD prior consent in writing.
We are committed to maintaining the trust and confidence of visitors to our web site. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
If we become aware of any ongoing concerns or problems with our web site, we will take these issues seriously and work to address these concerns. If you have any further queries relating to this policy or you have a problem or complaint, please email email@example.com.
When you visit this website and purchase items online, some personal information and non-personal data will be collected.
Personal information collected by Solaire PTY LTD is used to support the seller/customer relationship between you and Solaire PTY LTD.
If you register online through our website you will be phoned by a Solaire PTY LTD representative to finalise the registration process (As wholesalers we need to establish whether the registration is for personal use or business). Information gathered includes basic contact details such as name, phone number, email address, postal address and business name (if relevant). From time to time you may be contacted by a Solaire PTY LTD representative to discuss products purchased or information on current promotions. You may ask to be removed from the calling list at any point by advising the representative verbally or by emailing firstname.lastname@example.org.
By registering online through our website you will be also be added to the newsletter mailing list which is through a third-party service MailChimp. Our regular newsletters contain product information, promotion and educational articles. MailChimp allows us to gather information on how many clients open and click links within our newsletter. You may unsubscribe from our newsletter mailing list at any point by clicking the unsubscribe button at the bottom of the email.
All personal information held by Solaire PTY LTD either in its databases or otherwise is held in a strictly confidential manner. Solaire PTY LTD does not keep or store any details customer credit card information.
At Solaire PTY LTD we take credit card fraud very seriously which is why we use 3D Secure Access which provides extra protection to customers for online credit card payments. Prior to payment confirmation it will send a text message with a secure pin to the card holder. Secure Socket Layer (SSL) encrypted protection is also used for all credit card and financial transactions via either SecurePay/Directone and is managed by Card Access Services. Please note, all prices listed on our website are in Australian dollars and exclusive of GST.
If you purchase any products from Solaire PTY LTD your name, address and contact phone number will be shared with the courier company delivering your parcel. At Solaire PTY LTD we use the services of Australia Post, Fastway Couriers, StarTrack, Northline, DHL and any other couriers deemed suitable from time to time to deliver goods to our customers.
If legally required to we may share your information with law enforcement agencies, public authorities or other organisations.
Solaire PTY LTD does not control the privacy policies of third party websites. Aside from those listed above, Solaire PTY LTD does not, will not, forward/provide your information to any external marketing company.
You are entitled to view, amend, or delete the personal information that we hold. Email your request email@example.com.
15. Use of Materials Authorisation, Release and Promotional Terms & Conditions
As a model, participant in any promotional activity, competition, testimonial, user of any Solaire product you authorise:
Solaire Pty Ltd, and all trading entities of Solaire Pty Ltd and all persons functioning under Solaire's permission or authority (Solaire): the use of
1. film photographs 2. digital photographs 3. motion picture footage 4. audio recordings (the 'Materials') in accordance with terms and conditions published on Solaire's website. The use of the materials and any other reproductions or adoptions thereof, either complete in part, alone or in conjunction with any wording and/or drawings and assigns for any purpose whatsoever including without limitation: sale, reproduction in all media, publication, display, broadcast and exhibition for promotion, advertising, trade, art or illustration, with no territorial limitations.
You agree on that the materials, the copyright in the materials and all other rights in the materials or copies or reproductions thereof are the sole property of the Solaire and that Solaire may protect the copyright or dispose of or authorise the use of any or all such rights in any manner whatsoever.
You hereby release and discharge Solaire and all persons functioning under his/her permission or authority from any claims. This includes claims related to blurring, alteration, distortion, or use in composite form that may occur or be produced in the process of recording, processing, or publishing the Materials. You hereby release and discharge Solaire and all persons functioning under his/her permission or authority from all liability for libel, invasion of privacy, and all causes of action whatsoever in relation to the materials their making and use, towards myself or my property, including without limitation any liability for alteration of the materials.
In the setting of any promotional activity of Solaire the participant agrees to only publish positive comments (this will be determined solely at Solaire's discretion) this includes all channels of both written (including all social media) and verbal communications. Any comments deemed to be inappropriate (this will be determined solely at Solaire's discretion) will be removed immediately upon receiving notification from Solaire. Any feedback in relation to product testing that may be deemed as less than satisfactory may be emailed to Solaire but must not be published.
By participating as describe above, you acknowledge you have read the foregoing and fully understand the contents hereof.
Solaire® VIP Discount Promotion
Only new Solaire® clients are eligible for the VIP Discount Promotion. New clients must list the relevant promotional code in the notes section when registering online at www.solaire.com.au by 21/12/2018. The VIP Discount Promotion is only valid until 30/06/2019. From 01/07/2019 client discount will return to standard rates.
The proper law of all contracts arising between the Company and the Client is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.