Conditions of Use

2.1 Other than as set out in clause 2.5, these Conditions of Sale and the condition overleaf govern all contracts for the sale or supply of Goods and/or Services by Soaptopia to the buyer and constitute the entire contract between the parties in connection with the Sale of Goods agreed between Soaptopia and the Buyer. Subject to clause 2.5, all other terms and conditions, express or implied are excluded to the fullest extent permitted by law including without limitation, any terms and conditions of the Buyer.

2.2 No modification or variation of this Conditions of Sale shall being Soaptopia unless expressly agreed to in writing by an authorised employee of Soaptopia.

2.3 These Conditions of Sale supersede any terms and conditions which have previously governed a contract for sale of goods between the Buyer and Soaptopia.

3.1 Unless previously withdrawn a Quotation is valid for thirty days from issue or such other period as is started therein and is subject to withdrawal nor change at any time. Any quotation provided by Soaptopia is a mere invitation to treat and does not constitute a contractual offer. All Order unconfirmed after 4 weeks will be automatically deleted from the system.

3.2 An Order made by the Buyer shall be taken to be an offer incorporating all the conditions herein. Soaptopia reserves the right to accept Orders in whole or in part.

3.3 An Order can be placed by email, fax, post telephone and or our website (as applicable). Any mistake in relation to an Order placed by you is your responsibility and Soaptopia will not make any guarantees in relation to the accuracy of any orders you place including the result of a verbal miscommunication. Soaptopia guarantees to provide an Order in accordance with the Order being placed by you.

4.1 All Prices are quoted in Australian Dollars and are quoted ex-works and do not include shipping & transportation costs.

4.2 All Orders within Australia are quoted inclusive of GST. GST is applied to all orders and freight costs within Australia and will not be waived by Soaptopia.

4.3 All international Orders do not incur GST, however there may be import duties and taxes applicable to the destination of shipment that you agree you will be responsible for. Please refer to the local customs office to find out the costs applicable to you.

4.4 An Order is subject to the following conditions:

4.4.1 An Order for:

4.4.2 Sample testing and development of an Order will incur an additional charge of $115 for (4) four samples and $29 for each additional sample thereafter.

4.5 Packaging prices will vary per material and printing depending on the delivery of the material. Soaptopia may also organise and provide Graphic design assistance at their cost. Camera ready artwork can be submitted, either in hard copy or digital (PC based). All printing costs are the responsibility of the Buyer.

4.6 In addition to the Price, the Buyer agrees to pay for, if so requested by Soaptopia:

4.6.1 Any increases in taxes and duties which Soaptopia may be required to collect or pay after the date set out in these terms and conditions;

4.6.2 All goods and services tax payable not otherwise included in the Price. Soaptopia (where applicable) shall issue a tax invoice to the Buyer for goods and services tax;

4.6.3 Custom clearance charges, temporary import surcharges, freight from the delivery point, special handling, special packaging or special documentation required by the Buyer;

4.6.4 The cost of holding, storing and insuring the Goods if delivery is delayed by or at the request of the Buyer;

4.6.5 Interest accruing daily on the unpaid balance of the price or any amount payable from its due date until he date of payment at the rate of two percent (2%) above the rate notified by National Australia Bank from time to time as being the bank’s indicator lending rate (to accrue form day to day); and

4.6.6 Extra or additional costs or expenses incurred by Soaptopia by reason of the instructions or information given by the Buyer being incorrect or be reason of lack of insufficiency of instructions or by reason of any variations or amendments to the specifications or your requirements for the Goods or the type of goods being produced by Soaptopia. Any such extra or additional costs will be accepted by the Buyer and added to the price and will be paid by the Buyer in accordance with these Conditions of Sale.

4.7 Any Orders cancelled after 24 hours of the time an Order is placed will incur a 20% of the Purchase Price which will represent the restocking fee for Soaptopia.

5.1 All Orders must be prepaid in accordance with the following payment schedule and will only be considered to be paid once the funds have cleared:

5.1.1 before the shipping date;

5.1.2 for all customised work, as follows:

5.2 Soaptopia will accept payment by either Direct Deposit, cheque or money orders or cash. Direct Deposit payment details are:

Bank’s Name: Westpac, Campbelltown Branch

Account Name: Soaptopia

BSB: 032718

Acc: 284088

5.3 The Buyer must provide a copy of the Direct Deposit payment by either fax or email if they choose to pay by Direct Deposit.

5.4 Cheque and Money Orders are to be made out to Soaptopia. You must record your reference number and business name on the back of the cheque or money order.

5.5 Orders may only be picked up from Soaptopia’s premises if paid by Cash or the funds paid have cleared.

6.1 Delivery of the Order may be (at the Buyer’s direction):

6.1.1 Arranged by Soaptopia through a courier company or Australia Post at your cost.

6.2 The Buyer, through their own courier company or pick up.

6.3 Risk in the Goods will pass to the Buyer at Soaptopia’s place of business upon the Goods being packed upon the vessel or vehicle which is to deliver the Goods to the Buyer.

6.4 Soaptopia gives or accepts delivery dates in good faith, but does not guarantee those dates. Soaptopia shall not be liable to the Buyer for any loss or damage whatsoever should Soaptopia be delayed or prevented from delivering the Goods, or otherwise performing any of its contractual obligations due to any cause or circumstance of any kind whatsoever beyond its control. In this event of any such delay in delivery or supply, the due date for delivery shall be deferred for a period equal to the time lost by reason of the intervening cause or circumstance. Delay in delivery or any other default in respect of delivery shall not relieve the Buyer of any obligation in respect of any other delivery.

6.5 All Orders must be checked by the Buyer and any complaints, claims, errors and discrepancies must be lodged within 7 days of receipt.

6.6 The Buyer will be responsible for any legal documents required for export purposes. Soaptopia recommends that you check with your local shipping agent or customs agent in relation to these obligations.

If you detect a fault with your item you, you must notify us within 7 days. You will be offered a replacement item if available. If a replacement item is not available you will be offered a similar product at a similar price point or a refund. A refund is not available if a replacement item is available. Faults not reported within 7 days are not eligible for a refund.

In the event that the wrong item is shipped to you must contact Soaptopia within 24 hours of receiving the item to enable us to arrange a replacement item to be shipped to you. You will not incur any additional costs in this circumstance. Your replacement item will be shipped to you as quickly as possible within the normal delivery time frame for that item.

8.1 The Buyer is aware that the stability and nature of our products may be altered depending on the Buyer’s storage conditions, or when used in combination with other ingredients. You acknowledge that such external factors are beyond Soaptopia’s control and we strongly recommend tests prior to commercial runs. Soaptopia will not accept any liability in relation to the stability f our products as noted in this clause.

8.2 Subject to clause 7, To the extent permitted by law:

8.2.1 Soaptopia will not be liable for any breach of statutory obligations or implied condition or warranty in respect of the Goods supplied to the Buyer;

8.2.2 Soaptopia shall under no circumstances be liable in any way whatsoever to the Buyer for any form of loss, damage or expense sustained or incurred by the Buyer or any other party in consequence of or resulting directly or indirectly out of the supply of Goods by Soaptopia, the use or performance thereof, any breach by Soaptopia of any contract incorporating these terms and conditions of sale and purchase, or the negligence of Soaptopia. Without limiting the generality of the foregoing, Soaptopia is not liable in any circumstances whatsoever ever for any indirect or consequential losses, loss of profits or use, any rectification costs or any third party claims in connection with the goods or the contract;

8.2.3 Should any law render a provision herein void or ineffective, the Buyer agrees that the liability of Soaptopia is limited to the replacement of the Goods supplied, the supply of good equivalent to those supplied, or the payment of the cost of replacing or repairing the Goods at the option of Soaptopia.

Soaptopia shall not be liable for failure to deliver the Goods for any reason whatsoever outside the reasonable control of Soaptopia including, without limitation to the generality of the foregoing industrial action, war, governmental action or regulation, act of God, riots, or non availability of stock or materials. Any such failure shall not affect the obligation of the Buyer to pay for the Goods already delivered.