Terms of Use
These terms and conditions sets forth the terms and conditions under which (SoledOut, ABN 44 762 257 208) provides you access to releases, and governs your use of our website located at (soledoutau.com), and the SoledOut Members platform made available through the Site (soledoutauplus.com) and the information, content, features and services provided through both Sites.
YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS THEM, INCLUDING ANY MODIFICATIONS THAT SOLEDOUT MAKES FROM TIME TO TIME.
If you do not agree to these terms and conditions, you may not use the Site or the Service. SoledOut may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. SoledOut may make changes to the Site and/or the Service at any time. You understand that SoledOut may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
If you do not agree to these terms and conditions, you may not use the Site or the Service. Placing an order or engaging with our site indicates you agree to the following Terms and Conditions.
SoledOut may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions.
SoledOut may make changes to the Site and/or the Service at any time. You understand that SoledOut may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
1. Privacy Policy
By clicking purchasing a membership and using our platform or entering one of our raffles/releases , you represent that you have read and consent to our Privacy Policy in addition to these terms and conditions. SoledOut may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.
The SoledOut Site is a membership platform that offers its members exclusive sneakers at retail price. Members get access to a member’s account/login which they can utilise the discounts on offer and manage all their payments depending on what package they have and update details as needed. SoledOut reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, SoledOut may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
2. Refunds, Returns & Exchanges
Your purchase of a membership to our platform supports the SoledOut brand. Memberships purchased during a promotion period are non-refundable. Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.
We do not offer refunds/returns for change of mind purchases. We are not responsible for loss or damage to the package while on its way to the customer, however we do our absolute best to ensure that every package arrives in pristine condition. We send all of our orders double boxed and express, this ensures that your sneakers aren't damaged in transit.
Factory flaws with the shoes are very common and we will not offer any refunds for shoes with a factory flaw however gift cards may be provided. You can however choose a full refund if an item has a major fault or is deemed unauthentic. This is when the item;
- has a fault (missing parts/tears/rips)
- is significantly different from the description/wrong shoe.
- is unauthentic
Compensation may be granted with gift cards/vouchers if deemed necessary and will be provided on a case to case basis.
3. Memberships
SoledOut offers an ongoing subscription to the platform that is direct debited monthly/quarterly/yearly until canceled. This membership provides customers with unlimited time on the platform while their membership is active. Upgrading/Downgrading of memberships comes into effect on the next billing cycle. There are 3 subscription-based memberships for the SoledOut Platform/Service. All memberships are recurring payments and are only suspended once cancelled your plan.
SoledOut Monthly - $29.99 every 1 month
SoledOut Quarterly - $79.99 every 3 months
SoledOut Yearly - $299.99 every 12 months
4. Cancelling Membership
Upon canceling your membership which must be done via email to support@soledoutau.com, SoledOut will remove all future payments and cancel the plan once the current billing month/cycle is over. To cancel your membership you must send an email to support@soledoutau.com with the following details:
SUBJECT:
Cancel My Plan
BODY:
Your Name:
Your Email Address:
Reason for Cancellation:
Please allow up to 24-48 hours for a response.
Terminating your membership does not remove you from our mailing or text lists, these must be done via the associated links as they are sent via third parties or you can send us an email stating that you wish to be taken off our mailing list.
As of 29/08/22 (invoice failure post this date) : If failure to pay the invoice your SoledOut account and access will be suspended. There are automatic attempts made to bill your account. The system attempts every 1-3 days from initial payment failure. On the final attempt, if there are insufficient funds your subscription will be terminated and your email and information will be suspended from future use of SoledOut until your invoice has been paid.
Once a subscription is canceled Stripe does not allow for the reactivation of that subscription, so all accumulated history for that subscription is lost. If you want to continue your subscription please follow the instructions in the notification emails provided or register again. Please note that the system only allows 4 attempts which is inclusive of the user manually attempting to charge the account.
SoledOut is not responsible if you do not cancel your plan in time before your billing cycle. You are urged to contact us at least 24-48 hours before your billing cycle is due for payment if you wish to cancel. Once a cancellation email has been sent, a SoledOut representative will reply with a follow up email & may offer a discounted membership which must be replied to in order to successfully cancel your plan.
When sending an email to cancel, ensure no spam / grammatical errors occur as it may cause the email to be placed in our Spam/Junk folders which do not get checked by our team. Please also avoid using Outlook on IOS. All emails from Outlook tend to end up in spam emails folder. If you do not get a reply within 3 days we urge you to contact our team via Instagram @soledoutaustralia as your email may have ended up in our spam/junk folders. SoledOut holds the right to refuse a membership cancellation if there is a current payment overdue. The overdue payment must be paid before a membership can be cancelled. If no payment is overdue members are free to cancel as they wish.
In the event that you do forget to cancel your membership, do not reply to our follow up email or you get no reply from an email after 3 days & you do not contact us, no refund will be given. Membership refunds will only be given if an administrative error occurs.
5. Termination of Account
You understand and agree that you have no ownership rights in your Account and SoledOut may stop offering the Service at any time. Further, SoledOut may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions.
SoledOut will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time by contacting support@soledoutau.com and cancellation will take effect once administration has processed. SoledOut reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.
6. SoledOut Intellectual Property and Intellectual Property Infringement
The interfaces, content, arrangement and layout of the Site including, but not limited to, the SoledOut trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (SoledOut Intellectual Property) are the property of SoledOut, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of SoledOut.
You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any SoledOut Intellectual Property or third party content located on the Site in any manner not expressly permitted under these terms and conditions.
7. Registration Process
As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide to SoledOut for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.
In creating an Account, you shall not (a) select or use the email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or username that is profane, offensive, or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify SoledOut by sending an email to support@soledoutau.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. SoledOut is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
SoledOut employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a SoledOut, employee, director or manager may not win or participate.
8. Trial Memberships
All trial memberships are strictly promotion based & are only offered a limited number of times throughout the year or exclusively to our partners. All trials will automatically reoccur monthly after the trial process has finished. All SoledOut Trials will reoccur monthly (bill every 30 days) after the trial period is over. The user must cancel before the trial period is over which must be done via email to support@soledoutau.com (Terms of Use 4.) and cancellation will take effect once administration has processed.
SoledOut is not responsible if you do not cancel your plan in time before your billing cycle. You are urged to contact us at least 24-48 hours before your billing cycle is due for payment if you wish to cancel. Once a cancellation email has been sent, a SoledOut representative will reply with a follow up email which must be replied to in order to successfully cancel your plan.
9. Retail Orders & Shipping
An additional 1-3 week wait is required for all retail orders. All retail orders will typically be delivered within 1-2 weeks, however due to unforeseen circumstances such as covid-19, bad weather, and shipping delays, this time period might be increased to no more than 3 weeks. No refunds will be given after 6 hours of placing the order. All orders are shipped via Express once processed and will arrive in 1-3 business days once shipped out from SoledOut. SoledOut reserves the right to cancel any orders placed at any point in time under any circumstances for a reason or no reason.
All SoledOut orders will be shipped from Australia. When shipping internationally your shipment may be subject to import duties and taxes. It is your responsibility to do the relevant research before hand to ensure you understand any tax implications if any occur whilst using SoledOut's Services.
10. Raffles
All raffles held by SoledOut must follow a strict order and must run competitions ethically, comply with Australian consumer protection and privacy laws and follow the specific rules and regulations for running competitions and informing winners. Entry prices and entry spots are available to view on the product page and upcoming releases page. All raffle entries are non-refundable as they are used to pay for the raffle winners product. SoledOut must identify winners of all raffles within 24 hours of the draw closing, must also display winners for a minimum of 6 months after the draw has closed. All raffle winners will be posted for all members to view in their Members Portal via the "Raffle Winners" tab. SoledOut must also reveal the first name of the winner and ONLY 1 letter of the last name in order to comply with Privacy Laws. You must also reveal part of the winners email, phone number or ticket entry number.
Have any questions? You can also contact us by emailing:
support@soledoutau.com