Terms of Service
This website is operated by SOOMOM GROUP PTY LTD (ABN 33 631 689 408) ("SOOMOM", "we", "us" or "our").
Throughout the site, the terms "we", "us" and "our" refer to SOOMOM GROUP PTY LTD.
SOOMOM provides this website, including all information, products, services, features and tools available through the site, subject to your acceptance of these Terms of Service.
By visiting our website, purchasing from us or otherwise using our services, you agree to be bound by these Terms of Service and our other policies referenced on this website.
Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not use the website or purchase products through it.
1. Online Store Terms
By using this website, you represent that you are legally capable of entering into a binding agreement or that you have the consent of a parent or legal guardian where required.
You must not use our products or services for any unlawful or unauthorised purpose.
You must not transmit viruses, malicious code or any other material intended to damage, disrupt or interfere with the website, our systems or other users.
A breach of these Terms may result in the suspension or termination of your access to our services.
2. Products & Services
We make reasonable efforts to display our products, colours, images and specifications as accurately as possible.
However, colours and appearance may vary depending on your device, screen settings, lighting and other factors.
Product measurements, weights and specifications may include reasonable manufacturing tolerances.
We reserve the right to modify or discontinue products or services at any time without notice.
All products are subject to availability.
3. Pricing
All prices displayed on our Australian website are in Australian dollars (AUD) unless otherwise stated.
Prices may change without notice.
We reserve the right to correct pricing, product information or other errors appearing on the website.
Where an obvious pricing or listing error has occurred, we may contact you before fulfilling the order to provide the correct information and give you the option to proceed or cancel.
Nothing in this section limits any rights you may have under Australian Consumer Law.
4. Orders
Placing an order through our website constitutes an offer to purchase the selected products.
An order confirmation acknowledges that we have received your order but does not necessarily constitute acceptance of the order.
We reserve the right to refuse or cancel an order where reasonably necessary, including in cases involving:
- Suspected fraud or unauthorised transactions
- Incorrect pricing or product information
- Stock availability issues
- Payment failure
- Suspected resale or misuse
- Delivery restrictions
- Errors affecting the order
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products.
5. Payment
You agree to provide current, complete and accurate billing and payment information for all purchases.
Payments are processed through secure third-party payment providers.
Available payment methods are displayed during checkout and may change from time to time.
We do not directly store complete payment card details.
6. Shipping & Delivery
Shipping charges, delivery estimates and available services are described in our Shipping Policy.
Delivery timeframes are estimates and may be affected by carrier delays, customs processing, public holidays, weather events and other circumstances outside our reasonable control.
Customers are responsible for providing complete and accurate delivery information.
International customers may be responsible for customs duties, import taxes and other charges imposed by authorities in the destination country.
Please refer to our Shipping Policy for full details.
7. Returns, Exchanges & Refunds
Returns, exchanges and refunds are governed by our Return and Refund Policy.
Eligible items may be returned or exchanged within the applicable return period, subject to the conditions described in that policy.
Our voluntary returns policy operates in addition to your rights under Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
8. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law where those guarantees apply.
You may be entitled to a repair, replacement, refund or other remedy where required by law.
Any limitations or exclusions contained in these Terms apply only to the extent permitted by law and do not override your statutory rights.
9. Product Care & Use
Customers are responsible for following the care instructions supplied with our products.
Cycling apparel and accessories should be used for their intended purpose and in accordance with any instructions or warnings provided.
Normal wear and tear, accidental damage, misuse, incorrect washing or care, and damage caused by circumstances outside manufacturing defects may not constitute a product fault.
Nothing in this section limits your rights under Australian Consumer Law.
10. Custom & Personalised Products
Custom, club and personalised products are made or supplied specifically for the customer and may not be eligible for change-of-mind returns or exchanges.
This does not affect your rights where a product is faulty, incorrectly supplied or otherwise fails to meet a consumer guarantee under Australian Consumer Law.
11. Accuracy of Information
We make reasonable efforts to ensure information on this website is accurate and current.
Occasionally, information may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.
We reserve the right to correct errors, inaccuracies or omissions and update information at any time.
12. Account Information
If you create an account with SOOMOM, you are responsible for maintaining the confidentiality and security of your account credentials.
You are responsible for activity occurring through your account unless that activity results from circumstances outside your reasonable control.
Please contact us if you believe your account has been accessed without authorisation.
13. Promotions & Discount Codes
Promotions, discount codes and special offers may be subject to additional conditions.
Unless otherwise stated:
- Discount codes cannot be exchanged for cash
- Discount codes cannot be applied retrospectively
- Only one discount code may be used per order
- Promotional offers may have specified start and end dates
- Certain products or collections may be excluded
- Discounts may not be combined with other offers
We reserve the right to cancel or modify a promotion where reasonably necessary, subject to applicable law.
SOOMOM Rewards points are applied as a discount code and follow the SOOMOM Rewards terms on our Rewards page (soomom.com/pages/rewards), which form part of these Terms.
14. Intellectual Property
Unless otherwise stated, all content on this website is owned by or licensed to SOOMOM.
This includes, without limitation:
- SOOMOM names and logos
- Product names
- Graphics
- Artwork
- Photography
- Video
- Text and copy
- Product designs
- Website design
- Icons
- Digital content
You may access and use the website for personal, non-commercial purposes.
You must not reproduce, distribute, modify, publish, sell, commercially exploit or create derivative works from our content without our prior written permission, except where permitted by law.
15. User Content
If you submit, upload, tag or otherwise provide content to SOOMOM, including photographs, reviews, comments or other material, you confirm that you have the necessary rights to provide that content.
Where you separately grant SOOMOM permission to use your content, our use of that content will be subject to the permission or agreement provided.
You must not submit content that infringes another person's rights, is unlawful, defamatory, misleading, malicious or otherwise inappropriate.
16. Reviews
Product reviews and other customer-generated content may be published on our website.
Reviews should reflect genuine customer experiences.
We reserve the right to moderate or remove content where reasonably necessary, including content that contains spam, unlawful material, personal information, abusive content or material unrelated to the product or service being reviewed.
We will not remove or suppress a genuine review solely because it is negative.
17. Third-Party Services & Links
Our website may use or link to third-party services, websites, applications or platforms.
These third parties operate independently of SOOMOM and may have their own terms and privacy policies.
We are not responsible for third-party websites or services except to the extent required by applicable law.
18. Privacy
Your submission and use of personal information through our website is governed by our Privacy Policy.
Our Privacy Policy explains how we collect, use, disclose and protect personal information and how you may exercise applicable privacy rights.
19. Prohibited Uses
You must not use our website or services:
- For unlawful purposes
- To infringe intellectual property or other legal rights
- To submit false or misleading information
- To transmit malicious software or code
- To collect or track another person's personal information unlawfully
- To interfere with the security or operation of our website
- To impersonate another person or entity
- To engage in fraudulent activity
- To attempt unauthorised access to our systems
We may restrict or terminate access where we reasonably believe these Terms have been breached.
20. Disclaimer
We aim to provide reliable access to our website but cannot guarantee that the website will always be uninterrupted, timely, secure or error-free.
Information provided through the website is general in nature and should not be relied upon where professional advice is required.
Nothing in these Terms excludes any guarantee, warranty or right that cannot lawfully be excluded.
21. Limitation of Liability
To the maximum extent permitted by law, SOOMOM will not be liable for indirect, incidental, special or consequential loss arising from your use of the website or our products where such liability may lawfully be excluded.
Where liability cannot lawfully be excluded, our liability will be limited only to the extent permitted by applicable law.
Nothing in these Terms limits or excludes liability where doing so would contravene Australian Consumer Law or any other applicable law.
22. Indemnification
To the extent permitted by law, you agree to indemnify SOOMOM GROUP PTY LTD and its officers, employees and representatives against loss arising directly from your unlawful use of the website, infringement of another person's rights or material breach of these Terms.
This section does not apply to the extent that the relevant loss was caused or contributed to by SOOMOM.
23. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
24. Waiver
A failure by SOOMOM to exercise or enforce a right under these Terms does not constitute a waiver of that right.
25. Entire Agreement
These Terms, together with the policies and other terms expressly referenced on our website, constitute the agreement between you and SOOMOM relating to your use of our online store and services.
26. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, products, services or legal obligations.
The current version will be published on our website.
Changes will apply from the date they are published unless otherwise stated or required by law.
27. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You and SOOMOM submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia, subject to any rights you may have under applicable consumer protection laws.
28. Contact Information
Questions about these Terms of Service can be sent to:
SOOMOM GROUP PTY LTD
ABN 33 631 689 408
Unit 3, 7/49 Frenchs Forest Road East
Frenchs Forest NSW 2086
Australia
Email: info@soomom.com