Terms of Use

Website

These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between you and SOHA.

When these Terms mention “SOHA,” “we,” “us,” or “our,” it refers to the SOHA company. If you use any of our services, we will refer to you using the terms “user”, “visitor”, “you”, “your” or “yours” in these Terms.

This website is owned and run by SOHA

_ADRESS_

These Terms govern your access and use of the SOHA website (SOHA.IE), including our pages on third party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+ and any other websites or apps we own or run from time to time (collectively, “Website”).

Please read through these Terms in conjunction with our “Privacy Statement” and Cookie Notice prior to using this Website.

By using this Website you agree to be legally bound by our Terms, Privacy Statement and Cookie Notice. If you do not accept these Terms, Privacy Statement and/or Cookie Notice, please do not use this Website.

1. Privacy Statement

Our Privacy Statement explains how we collect, store and use personal data about you when you access our Website, shop with us or otherwise provide your personal data to us. These terms will apply regardless of how the Website is accessed and will cover any technologies or devices by which SOHA make the Website available to you. Further details can be found at Privacy Statement.

By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

2. Accessing the Website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to different groups of customers.

3. Your account security

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. SOHA will not be liable to any person for any loss or damage arising from any failure on your behalf to protect your account. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

4. Disclaimer of Liability

Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and/or security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. The Website may contain inaccuracies, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.

SOHA will not be liable to you or any other third party by reason of our removing or editing any materials or content on this Website.

5. Written communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. You agree that e-mail can be used as a long-distance means of communication.

SOHA will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6. Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with SOHA and you should not rely on the existence of such a connection or affiliation. Any trademarks / names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to SOHA.

7. Prohibitions

You may not use this Website for any of the following purposes:

• disseminating any unlawful, misleading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

• transmitting material or distributing a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, or otherwise breaches any relevant laws, regulations or codes of practice;

• gaining unauthorised access to any computer system;

• interfering with any other person’s use of this Site;

• breaching any laws concerning the use of public telecommunications; networks;

• interfering or disrupting networks or web sites connected to this Site;

• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

• using automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.

8. Ownership of Rights

All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, Website structure and videos, in and to this Website are owned by or licensed to SOHA unless otherwise indicated.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.

By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

9. Submissions

Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.

Ownership of Submissions

Other than personal data (which is subject to our Privacy Statement ) you hereby grant SOHA a non-exclusive licence to use in whatever form (copy and publish) the rights to all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to SOHA on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) once submitted. You must comply with the content standards set out in these Terms in Section 11. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Social networking sites

These Terms govern any Submissions you make on any SOHA related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of SOHA or its employees and SOHA is not responsible for any such content. In any event, all material posted on any third party social networking sites must comply with these Terms and the third party social networking sites’ Terms of Use, as applicable.

10. Content Standards

These content standards apply to any and all Submissions and to any interactive services associated with the Website (the “Content Standards”).

We do not endorse any opinions expressed or Submissions made by anyone and shall have no liability for such opinions expressed or Submissions made.

You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Submission as well as to its whole.

Submissions must:

• be accurate (where they state facts);

• be genuinely held (where they state opinions); and

• comply with applicable law in Ireland and in any country from which they are posted.

Submissions must not:

• contain any material which is defamatory of any person;

• contain any material which is obscene, offensive, hateful, threatening or inflammatory;

• promote sexually explicit material;

• promote violence;

• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;

• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• promote any illegal activity;

• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

• be likely to harass any other person;

• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

• give the impression that they emanate from us, if this is not the case; or

• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

11. Intellectual Property Rights

A disclosure, Submission or offer of any Submissions and your agreement to these Terms shall constitute a perpetual, irrevocable and non-exclusive licence to SOHA of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any SOHA related third party Website or page, you must comply with the content standards set out in Section 11 and these Terms. Any third-party advertising on SOHA pages of third party social networking sites are not the responsibility of, or endorsed by SOHA. All rights, including copyright on SOHA Website pages are owned by or licensed to SOHA. Any use of any SOHA social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of SOHA. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks, intellectual property rights or any other rights of others.

12. Indemnity

You will indemnify SOHA against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and/or all sums paid by us as a result of any settlement agreed by us arising out or in connection with your use of the Website or a breach by you of any of these Terms, including but not limited to:

• any claim by any third party that the use of this Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

• any claim by any third party that the use of this Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; or any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of this Website by you.

13. Variation

SOHA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary these Terms/or any page of this Website.

14. Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

15. Severability

If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Linking to our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us, but you must not establish a link in such a way as to suggest any form of association, or endorsement on our part where none exists.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

17. Complaints

If you have any comments or concerns about the Website, please contact us

18. Governing law and jurisdiction

These Terms shall be governed by and constructed in accordance with the laws of the origin country and all disputes will be referred to the exclusive jurisdiction of the laws of that country.

19. Entire Agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SOHA.

SHOP

1. PRIVACY STATEMENT

Our Privacy Statement explains how we collect, store and use personal data about you when you access our website, shop with us or otherwise provide your personal data to us. These terms will apply regardless of how the Website is accessed and will cover any technologies or devices by which SOHA make the Website available to you. Further details can be found at Privacy Policy .

By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

2. TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or a Paypal account. SOHA retains the right to refuse any request made by you, and reserves the right to close your SOHA online account. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or Paypal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age.

3. OUR CONTRACT

This Website is operated by SOHA Retailing. Unless we say otherwise, we use the terms “SOHA”, “we” and “us” in this Section A (being the “Website Terms”) to refer to _WEBSITE_.

If you have any questions, whether about our products and services, this website or otherwise, please contact us by email.

HOW THE CONTRACT IS FORMED

After placing an order, you will receive an email from SOHA acknowledging that we have received your order (the “Order Confirmation”).
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by SOHA, if we do not accept order you will be notified by email.

4. PRICING

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

The prices on the Website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.

You may pay using Visa, MasterCard credit/debit cards, Maestro cards, PayPal and. Your credit/debit card payment will be made through a secure Website. All payments are subject to authorisation by the card issuer. Card payments are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery, and may not be able to form a Contract with you or we will not be able to proceed with your order. SOHA must receive full payment for the order at the time the order is processed and before the product is dispatched.

The Website may contain inaccuracies, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

5. PAYMENT

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Order payments made by PayPal are made at the time of order confirmation.

Personal information provided during the order and registration process as a SOHA.IE customer should be true, accurate, current and complete in all respects. If any information changes, please contact us or update your online account details accordingly.

6. STOCK AVAILABILITY

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfil your order or one of our team will contact you.

7. REFUSAL OF ORDER

SOHA reserves the right to withdraw any products from this Website at any time and / or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. SOHA will not be liable to you or any other third party by reason of our withdrawing any product from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt..

8. COOLING OFF PERIOD & YOUR RIGHT TO CANCEL YOUR ORDER

While we would bring your attention to our General Refund Policy (See Clause 13), if you are contracting online as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the products.

If you have purchased products from the Website and if you decide to cancel your order pursuant to this Clause 8, the Directive provides that you must advise us within 14 days of receipt of the products. You can email us stating your wish to cancel your contract and quoting your order reference number.

You must return the items to us at the above address (See Clause 13 for details on returning items and a list of products which cannot be returned). You will be responsible for any cost incurred or risk in returning products. You have a legal obligation to take reasonable care of the products while they are in your possession and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.

Under the Directive if you fail to inform us within the 14 day period you will not have a right to cancel the Contract and return the products. This does not affect your statutory rights and you may still be able to return products under our General Refund Policy.

9. YOUR ORDER DELIVERY

Subject to availability (see Clause 6 above), we will endeavour to fulfil your order for product(s) listed in the Order Confirmation within a reasonable period of time unless there are exceptional circumstances. If for any reason we cannot meet the delivery date, you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Once your order has been dispatched we will email you the details of your order to the email address provided.

For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred upon delivery of the product (s) at the address specified by you when you completed your order or at a selected SOHA or such other delivery method as shall be agreed between you and us.

10. FREE DELIVERY SERVICE

By taking advantage of the Free Delivery service you agree to the following Terms:

This offer will be applied automatically at the checkout. Otherwise, delivery charges apply.

This service does not include free postal returns.

SOHA reserves the right to (i) cancel this promotion and (ii) amend these Terms at any time.

11. INTERNATIONAL DELIVERY

If your delivery address is outside of the EU, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary widely from country to country. We recommend you contact your local customs office for further information.

12. RISK AND TITLE

Any products ordered will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is later.

13. GENERAL ONLINE REFUND AND EXCHANGE POLICY

Refunds or in store exchanges* may be given within 28 days from the date of purchase for products of saleable quality returned in the original saleable condition, in their original packaging, with swing tickets/barcodes attached and with the relevant online dispatch note or store online receipt (*exchanges can only take place in store). Please contact us _MAIL_ if you have lost or mislaid your dispatch note. Refunds will be credited to the original tender used to process the payment. If products received as a gift (recipient is not the purchaser) and are returned to our online returns centre for refund, the refund will be processed onto the original card used as payment for the order.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Cooling off period

In addition to our General Refund Policy, EU customers have the right to cancel their order under the EU Consumer Rights Directive. Please see Clause 8 for more details.

Faulty/incorrect products received

In the unlikely event that you have received the wrong products from SOHA or that the products are faulty or damaged in any way please contact us by email.

Order Returns

Items purchased online for postal delivery can be returned within 28 days of purchase (or 14 days from receipt in accordance with Clause 8 (Cooling Off period). Items purchased for store collection can be returned within 28 days of receipt in-store.

There are 3 ways to return items:

1. Ordered online and delivered by post/courier

If you ordered online and your order was delivered by post/courier you may return the item(s) to store (if applicable) or post back to the following address:

For Republic of Ireland and other EU/International addresses

_ADRESS_

The cost of postage for returning the item(s) is not refunded.

Returns queries

If you have a query regarding an online return, please email us

14. DISCLAIMER OF LIABILITY

Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
We warrant to you that any product purchased from us through this Website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products.

Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product. Nothing in this Clause will affect your statutory rights as a consumer or your Contract cancellation rights.

15. WRITTEN COMMUNICATIONS

16. WAIVER

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

17. SEVERABILITY

18. COMPLAINTS

If you have a complaint about SOHA, please contact us

19. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and constructed in accordance with the laws of the country of origin and all disputes will be referred to the exclusive jurisdiction of that country.

20. ENTIRE AGREEMENT

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SOHA.