Terms & Conditions of Sale

Legal Conditions and Disclaimer. Copyright © 2012 Sophie Cox Pty Ltd (“Sophie Cox”) 17 Queens Avenue McMahons Point, NSW, 2060, Australia. All rights reserved. Effective August 2012.

The Sophie Cox Website is located at www.sophiecox.com. Sophie Cox is a brand that is owned by Sophie Cox Pty Ltd. YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

1. OUTLINE

1.1   These Terms and Conditions of sale (Terms) shall apply to all contracts for sale of Goods by us (Contracts), whether arising from an Order that we have accepted.

1.2   Any Contract however arising will be subject to these Terms unless otherwise agreed in writing.

1.3   These Terms supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply, performance or expected results of the Goods or any part thereof, and shall prevail over all conditions of an Order to the extent of any inconsistency.

2. PRICE VARIATIONS

2.1 Prices shown on the website are in Australian Dollars (AUD) and are inclusive of GST at the applicable rate. The AUD price of a product displayed on the website at the time the order is accepted and will be honoured, except in cases of patent error.

2.2 GST, import duty, or any other statutory charges (if any) included in the Order is based on rates and methods of assessment in force at the date of the Order.

2.3 We reserve the right to increase the quoted price of imported Goods to reflect any increase in rates or exchange, freight, insurance and cartage on the declared value of such imported Goods.

3. PURCHASES

3.1 All orders are subject to acceptance and availability.

3.2 Customers must provide their real name, phone number, email address and other requested information as indicated.

3.3 When ordering items you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid, and correct, and you confirm that you are the person referred to in the billing information provided.

3.4 Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

3.5 Unless you cancel your order, acceptance of your order and the completion contract between you and Sophie Cox will be finalised when we email you to confirm the Goods have been dispatched. The sale contract is therefore concluded in Sydney, Australia and the language the contract is in is English. We reserve the right not to accept your order if we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms.

3.6 We may also refuse to process and therefore accept a transaction for any reason, or refuse service to any one at our discretion. We will not be liable to you, or any other third party by reason of our withdrawing any Goods from the Website, removing or editing content from the Website; refusing to process a transaction or suspending any transaction after processing has begun.

3.7 In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

4. PURCHASING

4.1 The online store is open from 9am – 5pm Monday to Friday. All orders placed outside these hours will be processed the following business day. Please allow 2-10 working days for the delivery of your Goods. This will depend on your location.

5. TERMS OF PAYMENT

5.1 The Price shall be payable on the date and time of ordering before the Goods are released and delivered.

5.2 Payment can be made by Visa, Visa Electron, MasterCard, American Express, and Switch Debit Cards.

5.3 Payment will be debited and cleared from your account at the time that your order is accepted by Sophie Cox. You confirm that the credit/debit card that is being used is yours. If the issuer of your payment card refuses to authorise payment to Sophie Cox, we will not be liable for any delay or non-delivery. We reserve the right to withdraw any Goods from the Site at any time and/or remove, screen or edit materials or Content on the Site. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

5.4 We will not be liable to you or any third party by reason of us withdrawing any Goods from the Site whether or not that Goods have been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5.5 The purchase of merchandise is limited to parties that lawfully can enter into and form contracts on the Site under Australian law. You must provide your real name, phone number, email address, credit card details and other requested information. This Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to Sophie Cox, whose applications are acceptable to Sophie Cox and who have authorised Sophie Cox to process a charge or charges on their credit card in the amount of the total purchase price for the Goods which they purchase. By making an offer to buy the Goods, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

6. INSURANCE AND DELIVERY

6.1 Sophie Cox insures each purchase during the time it is in transit until it is delivered to your specified address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient that is not you, for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment of Sophie Cox and transfer responsibility in the same way.

Please Note: Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

7. RETURNS AND EXCHANGES STORE POLICY

7.1 If you are unhappy with your item or need to exchange your item for a different size you may cancel your order at anytime during the cancellation period of 7 working days by providing us with a notice of cancellation. This policy does not apply to items listed under ‘Sale,’ ‘Sample’ or ‘Promotion,’ as there unfortunately can be no returns or exchanges on these items.

7.2 The cancellation period starts on the date the contract for the supply of goods is concluded and ends on the expiry of the period of seven working days beginning the day after you receive the goods. In the event of cancellation, we require that you return the goods to us at your own cost.

7.3 To assist in the return of your order you may obtain a Return Number (RN) by emailing us at customerservice@sophiecox.com within the cancellation period. This will serve as a notice of cancellation. The RN number should be written on your original invoice and on the return shipping label that will be included in the goods you are returning to us.

7.4 Our address for all returns is Sophie Cox, Unit 34, 4 Young Street, Neutral Bay, 2089, NSW, Australia, and we request that you contact us, as set out below in relation to such returns.

7.5 In the event of failure to return any goods to us, which have been validly cancelled, we shall have the right to charge any costs of recovery of the goods.  We also request that all goods are returned within 14 days of the date of your cancellation notice and we will endeavor to make a refund to you in accordance with these terms within 30 days of the date of the notice of cancellation.

7.6 All accurately returned products will be credited to the original purchaser’s credit card excluding shipping charges.

7.7 Refunds on international customs duties and sales taxes (if applicable) are excluded on shipments outside Australia

Please Note: All shoes should be tried on a carpeted surface before wear. Shoes will not be accepted if in an unsellable condition and not in original Sophie Cox packaging.

8. GIFT RETURNS

8.1 If you have received an item from Sophie Cox as a gift, you can exchange it for another item of the same value or more, provided you pay the cost of the difference and the additional shipping, taxes and import duties.

9. RETURNS & REFUNDS

9.1 In addition to your statutory rights, Returns or exchanges on unworn re saleable goods are available within 30 days of the purchase date (excluding sale/or promotional items.) Please Note with  ‘Sale’ items and/or ‘Promotional’ items (regardless of the duration of the Sales or Promotion period.), we do not provide a refund if you change your mind but we are happy to exchange or provide a credit note, as long as the items have not been worn, are in their original condition and it is within 30 days of the purchase date.

9.2 A Receipt is required as proof of purchase on all return transactions

9.3 Refunds will be given in the tender of the original purchase

Please Note: New and unused means that there are no marks on the item or any wear on the packaging and Goods. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the Purchaser. Sophie Cox is not responsible for any item that is not returned in the manner set forth above. Please discuss any additional questions you may have with our customer service representative when you contact us for a Return Number (RN). All shoes must be tried on a carpeted surface before wear. Shoes will not be accepted if in an unsaleable condition and not in the original packaging.

10. RETURNS & EXCHANGES (on receiving your Return Number from Sophie Cox)

10.1 If you change your mind about an item, you may (provided that you have not worn the item(s) and it is in the same condition it was in when you received it) choose to return it for an exchange or credit note

10.2 Items should be in their original packaging to ensure they are adequately packed in transit. Shoe boxes must be returned in their original packaging to ensure they are adequately protected in transit from damage. Shoeboxes are considered part of the product, and your return may not be accepted if the box is damaged.

10.3 Items should be returned unused, and with all the Sophie Cox tags still attached. Returns that are damaged and soiled may not be accepted and may be sent back to the customer and/or an exchange refused

10.4 Send through an email to customerservice@sophiecox.com quoting your order number and receipt number before returning your Goods for exchange

10.5 If you would like to exchange please let us know what your preferred replacement choice is, either a different size or colour so we can see if we have the available item in stock. If the item is not in stock we can provide a store credit.

NOTE: Please be aware that exchanges are subject to stock availability. The item(s) you exchange must be equal or greater in value. The customer will be responsible for all shipping and handling charges.

11. RETURNING YOUR PURCHASE

We recommend that items be returned via courier or registered Australia Post to ensure that they are protected and insured during transit.

11.1 Include your original order and receipt with your Return Number that has been supplied to you by Sophie Cox

11.2 Repackage your item(s) in their original presentation and return to (at your cost):

Sophie Cox, Unit 34, 4 Young Street, Neutral Bay, 2089, NSW, Australia.

11.3 You will be notified by email once your return has been received and processed

11.4 Unidentified returns may be returned to the sender therefore, please ensure all details are clear and concise.

12. LATE RETURNS

Please return items within 30 days of the date you obtain your Return Number. Returns outside these timeframes may be accepted at the discretion of Sophie Cox, however depending on the circumstances may only be refunded as store credit.

13. FAULTY GOODS

On rare occasion a Sophie Cox item is deemed faulty if they are received damaged, or where a manufacturing fault occurs within three months of purchase.

Please note that all items that are damaged as a result of wear and tear are not considered to be faulty. For all faulty items outside our Returns policy please contact customerservice@sophiecox.com. After the items are returned, assessed and authorized as faulty, any shipping costs will be refunded. Where possible we will offer to repair faulty items. If the issue is not repairable or the same product is not available, you are entitled to a full refund in the original tender.

14. EXCLUSIONS AND LIMITATIONS

14.1 The exclusions and limitations in this clause 14 are subject to clause 15 (Statutory Rights).

14.2 All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms and Conditions, that are not contained in it, are excluded to the fullest extent permitted by law

14.3 Any liability arising in relation to Goods the subject of your Order or that we supply to you, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.

14.4 No warranty is given and we will not be liable for:

  • alterations to Goods for which we are not responsible;
  • damage or failure caused by unusual or non-recommended use or application of the Goods; or
  • loss caused by any factors beyond our control; and
  • We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms and Conditions).

14.5 Our total liability for breach of these Terms and Conditions or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:

  • the replacement of the Goods or the supply of equivalent Goods;
  • the repair or rectification of the Goods;
  • the payment of the cost of replacing the Goods; or
  • the payment of the cost of the repair or rectification of the Goods; and

14.6 If we obtain goods or services from a third party in order to carry out your instructions or complete an Order:

  • we will not be liable for any breach of these Terms and Conditions if that breach is as a result or is connected with the supply by a third party of such goods or services;
  • we acquire such goods or services as agent for you not as principal and will have no liability to you in relation to the supply of these goods or services
  • any claim by you in relation to the supply of such goods or services must be made directly against that third party; and
  • you must pay for such goods or services and we will give you notice of any such third party charges as applicable.

15. STATUTORY RIGHTS

15.1 ACL rights:  In circumstances where you are acquiring Goods from us as a ‘consumer’ for the purposes of (and as defined in section 3 of Schedule 2 of) the ACL, we acknowledge and agree that certain statutory guarantees and rights shall apply to you as provided by relevant laws but subject to these Terms and Conditions as applicable and where permitted by relevant laws.

15.2 No restriction: Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the ACL and corresponding provisions and relevant laws of State or Territory legislation containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.

15.3 Unfair contract:  If section 23 of the ACL applies to any provisions in these Terms and Conditions, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL.

16. SECURITY INTEREST AND TITLE

16.1 This clause 16 sets out the Security Agreement between you and us.

16.2 You (Grantor) grant to us (Secured Party) a Purchase Money Security Interest (PMSI) in the Goods (Collateral) as security for all or part of the Payment for the Goods.

16.3 Our security interest attaches to the Collateral by virtue of your possession of the Goods as bailee.

16.4 We may, without notice, apply to register a financing statement with respect to the PMSI described in this clause.

16.5 We will retain absolute title over the Goods until:

  • we have received Payment in full in respect of the Goods;

16.6 Notice requirements under sections 95, 118, 121, 130, 132 and 135 of the PPSA shall not apply and not place any obligations on us in your favour.

16.8 You shall immediately notify us in writing of any change of name.

16.9 You acknowledge receipt of a copy or due notice of these Terms and Conditions and this Security Agreement.

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