Terms & Conditions
Terms & Conditions
This website is operated by Somage Fine Foods LLC ‘Somage USA’. Throughout the site, the terms “we”, “us” and “our” refer to Somage USA.
Somage USA 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.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Continued use of the website after any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you 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 of any Terms will result in immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
Your content (not including credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell or exploit any part of the Service without written permission.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is not accurate, complete or current. Any reliance on site material is at your own risk. We reserve the right to modify the site at any time but have no obligation to update any information.
Section 4 – Modifications to the Services and Prices
Prices for products are subject to change without notice.
We reserve the right to modify or discontinue the Service at any time without notice.
We shall not be liable for any modification, price change, suspension or discontinuance.
Section 5 – Products or Services
Certain products or services may be available exclusively online. These may be limited in quantity and are subject to return or exchange per our Return Policy.
We do our best to accurately display product images and colours, but cannot guarantee display accuracy on all devices.
We reserve the right to limit sales by region or quantity and discontinue any product at any time.
We do not guarantee that product quality will meet your expectations.
Section 6 – Accuracy of Billing and Account Information
We may refuse or limit orders. If we do, we may attempt to notify you using the contact details provided at purchase.
You agree to provide current, complete and accurate information for purchases and promptly update account and payment info.
Please see our Returns Policy for more detail.
Section 7 – Optional Tools
We may provide access to third-party tools “as is” without warranties. Use is at your own risk.
New features or services offered in the future will also be subject to these Terms.
Section 8 – Third-Party Links
Our Service may include content, products, or services from third parties.
We are not responsible for examining or evaluating third-party content and will not have any liability for such materials or websites.
Engage with third-party services at your own risk and review their policies before transacting.
Section 9 – User Comments, Feedback and Other Submissions
If you submit content to us (via email, forms, etc.), you agree we may use it without restriction and are under no obligation to keep it confidential or compensate you.
You agree your comments will not violate any rights or contain harmful content. We may remove content at our discretion.
Section 10 – Personal Information
Your submission of personal information is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
We reserve the right to correct errors or inaccuracies and to change or update information without prior notice.
Section 12 – Prohibited Uses
You are prohibited from using the site or its content for unlawful or prohibited activities, including but not limited to spamming, phishing, infringing on IP, uploading viruses, or violating any laws.
We may terminate your use of the Service for any violations.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee uninterrupted or error-free service. Services and products are provided "as is" and "as available" without warranties.
Somage USA is not liable for any damages arising from the use of the Service or products, including indirect or consequential damages.
Section 14 – Indemnification
You agree to indemnify and hold harmless Somage USA and its affiliates, employees, and partners from any claim due to your breach of these Terms.
Section 15 – Severability
If any provision is found to be unenforceable, the remaining provisions shall remain in full effect.
Section 16 – Termination
These Terms remain effective unless terminated by either party. We may terminate at any time for violations. You remain liable for all charges up to termination.
Section 17 – Entire Agreement
These Terms, along with posted policies, constitute the entire agreement between you and Somage USA.
Section 18 – Governing Law
These Terms are governed by the laws of the United States.
Section 19 – Changes to Terms of Service
We may update these Terms at any time. Continued use of the site constitutes acceptance of any changes.
Section 20 – Contact Information
Questions about the Terms of Service should be sent to contactus@somage.com.
Section 21 – Mobile Messaging Terms
The Somage USA mobile message service (the "Service") is operated by Somage USA (“Somage USA”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Somage USA’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Somage USA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Somage USA. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.
You may opt out of the Service at any time. Text the single keyword command STOP to +1 (833) 762-0080 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent unless initiated by you. If you have subscribed to other Somage USA mobile programs, you will need to opt out separately from those.
For Service support or assistance, text HELP to +1 (833) 762-0080 or email orders@somage.com.au.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide a valid mobile number and update us if it changes.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.