SOAK STUDIO

original paintings by Melinda K


Terms & Conditions


Terms and Conditions

User Agreement

These terms and conditions apply to all purchases made from Soak Studio.

This website is operated by Melinda Katotriatis trading as Soak Studio.  Throughout the site, the terms “we”, “us” and “our” refer to Soak Studio's online store.  Soak Studio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website.  By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

1. Orders & Delivery:

All orders placed through this web site are subject to confirmation and acceptance by Soak Studio.  Soak Studio may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you.  If Soak Studio requests payment for increased prices, you may cancel the order by giving notice to Soak Studio, which must be received within seven days of the announcement of the increase.  Soak Studio or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability.  Where the goods are not available you will be notified of this by Soak Studio as soon as possible.  

Anyone at the delivery address who receives the goods will be presumed by Soak Studio to be authorised to receive the goods.  If there is no-one at the delivery address or no-one of appropriate age to receive the order, you are responsible for any re-delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.  Soak Studio reserves the right to restrict sales to retail quantities when supplying resellers and distributors.

In the event that you provide an incorrect shipping address, Soak Studio shall not be liable to resupply your order, or for any damages associated with non-delivery.  If your order is returned to sender, then we shall re-send the order to your corrected address, at your cost.

2. Returns & Refunds

Soak Studio will provide a refund or replacement in the instance of damaged goods, or an incorrect product being shipped, at our discretion.  You, the customer, agree to contact Soak Studio for return instructions, and ship the faulty product within 7 days of receiving it, along with photos of the damage or fault.  All refund applications will be carefully considered and given at the discretion of the Company Management.  

3. Prices & Payment

For each online order, you must pay:

1. the applicable price for the relevant goods confirmed bySoak Studio; and

2. the delivery and handling fee specified on the web site at that time.

Our store is hosted on Square Space.  They provide us with the online e-commerce platform that allows us to sell our products and services to you.

All personal and credit card information provided to Soak Studio is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the FAQ Payment Info section of this web site.  

Payments are processed by Stripe, who maintain both SSL encryption and PCI-compliance, and Paypal.

We are unable to accept COD charges.

Payment must be cleared before any design work begins and the goods are dispatched.

4. Products

All our products are sent to you in good condition and packaged correctly, but we cannot guarantee the condition of the product on arrival, due to post mishandling.  Please see clause 2 for refunds and return information.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

5. Your Account

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person.  You agree to release and indemnify Soak Studio in connection with any use (whether authorised or unauthorised) of your user name or password.  Soak Studio may suspend or cancel your account at any time without prior notice.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Images and Graphics

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store.  We cannot guarantee that your computer monitor's display of any colour will be accurate, therefore colour variation does not constitute a reason for claiming a refund or replacement.

All images and graphics are copyright to Melinda Katotriatis and are not be used for commercial purposes without express permission.  Images may be used for media and blog features with the condition that they are linked back to the original source.

7. Privacy

Soak Studio will comply with Soak Studio's Privacy Statement.  Soak Studio will not reveal your personal information to external organizations except for the purposes of fulfilling your order, and where required by law.

8. Liability

Any liability of Soak Studio in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Soak Studio be limited to:

1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and

2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

9. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  This includes all custom design requests.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. Applicable Law

All purchases, and these terms and conditions, are subject to the laws of Victoria, Australia.

Exclusion and limitation of liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Important note:

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful.  To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

a. in relation to goods

i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or

ii. the repair of the goods or payment of the cost of having the goods repaired;

b. in relation to services

i. the supplying of the services again; or

ii. The payment of the cost of having the services supplied again as in each case we may elect.