Terms and Conditions

TERMS & CONDITIONS

WOSUP Australia Pty Ltd is a company registered in Australia under ABN 25 632 688 987. Our registered address Unit B 134-140 Old Pittwater Road, Brookvale NSW, Australia, 2100.

Thank you very much for your business and your support. Please take time to read these terms to understand our contractual relationship both relating to your use of our website and the services we provide you.

WOSUP Australia Pty Ltd website and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our sites (collectively, the “TaC”). Please read the TaC carefully before placing any orders on www.keepcup.com or localised domains.

We may modify the TaC from time to time. Please read the TaC and check back often. If you do not agree to any change to the TaC then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

You should not use this Site if you disagree with any of these Terms and Conditions. Minors under the age of 18 are not permitted to purchase from this Site.

Eligibility to purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information.

The Site is available only to individuals and others who meet the WOSUP Terms of Eligibility, who have been issued a valid credit/debit card by a bank acceptable to WOSUP, whose applications are acceptable to WOSUP and who have authorised WOSUP to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.

WOSUP reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Shipping Policy

We ship all items from Australia.

When calculating your total shipping time, please allow shipping time from our warehouse.

Business days are Monday through Friday, excluding weekends and public/Federal holidays.

Pricing Policy

Prices shown on the Site are exclusive of all applicable sales tax in the currency displayed, at the applicable rate.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

If you are a customer whose credit/debit card is not denominated in the currency you are purchasing, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Sale Price Adjustment Policy

We do not offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. We often notify our customers in advance of all promotions through EDMs and social media, so we encourage you to sign up and follow us on social media so you do not miss out on promotions.

Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

Online sales are only for individual customers purchasing online, not for wholesale or resale.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and WOSUP will be completed when we email you to confirm the goods have been dispatched.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TaC.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Safeguarding your personally identifiable information

We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with, when you place an order or access your account information, in compliance with the General Data Protection Regulation (GDPR).

Payment

All payments on our site are processed by PayPal, Apple Pay or Stripe payments. We do not store credit/debit card details’ nor do we share customer details with any third parties.

Payment will be debited and cleared from your account at the time of purchase. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to WOSUP Australia Pty Ltd we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Insurance and delivery

WOSUP Australia Pty Ltd insures each purchase during the time it is in transit until it is delivered to your specified delivery address. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by WOSUP and transfer of responsibility in the same way.

Intellectual property rights

All right, title, and interest in the Site and the content and the materials contained in the Site (“Site Content”), including all copyrights, trademarks, patents, or other proprietary rights therein, belong solely and exclusively to WOSUP Australia Pty Ltd and/or its licensors. You are granted a limited license only for purposes of viewing the Site Content when you use this Site and only to the extent that your use does not violate these TaC.

Intellectual property restrictions

You are specifically restricted from all of the following:

  • Publishing any Site Content in any other media;
  • Selling, sublicensing and/or otherwise commercializing any Site Content;
  • Publicly performing and/or showing any Site Content;
  • Using this Site in any way that is or may be damaging to this Site;
  • Using this Site in any way that impacts user access to this Site;
  • Using this Site contrary to applicable laws and regulations, or in any way which may cause harm to the Site, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site; and
  • Using this Site to engage in any advertising or marketing.

User content

WOSUP Australia Pty Ltd does not promise that the functional aspects of the Site or WOSUP’s Content will be error free or that this Site, WOSUP Content or the server we make available are free of viruses or other harmful components. We recommend that all users of the Internet ensure they have up to date virus checking software installed.

Comments expressed on WOSUP social media accounts (Facebook, Instagram, LinkedIn and Twitter accounts) are the personal opinions of the authors and do not reflect the views of WOSUP Australia Pty Ltd. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to WOSUP a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but WOSUP does not commit to checking all content and cannot be liable for third party posts.

If you have a complaint about any post’s please email us via ‘Contact Us’ on the website.

WOSUP Australia Pty Ltd reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to its trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. These sites are available to the public; information you consider confidential should not be posted to these sites.

No commercial use

This public section of this Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Commercial wholesale site

For commercial WOSUP customers, resellers and distributors who have been appointed by our sales team, the Site content may be used subject to our terms and conditions of sale, brand guidelines and distribution agreements.

Your activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TaC, we may deny you access to this Site on a temporary or permanent basis.

Third party sites

We may include hyperlinks on this Site to other Sites or resources operated by parties other than WOSUP, including advertisers. WOSUP Australia Pty Ltd has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external Sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Sites, including (without limitation) any advertising, products or other materials or services on or available from such Sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external Sites or resources.

Complaints

You have certain rights under the law. In Australia these include:

  • that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  • certain remedies if a product is defective; and
  • a right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it and receive a full refund even if it is not defective.

If you are unhappy with the service you have received, please notify us through ‘Contact Us’ on the website, with a subject line ‘COMPLAINT’. We take your feedback very seriously and will endeavour to investigate the matter fully.

No warranties

This Site is provided “as is,” with all faults, and, to the maximum extent permitted by law, WOSUP Australia Pty Ltd and its officers, directors, employees, agents, representatives, subcontractors and suppliers hereby disclaim all warranties of any kind, whether express or implied, related to this Site or the materials contained on this Site.

Limits on our liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TaC is intended to affect your rights under the law (see “Your Rights”).

If WOSUP Australia Pty Ltd breaches the TaC we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and WOSUP at the time of you placing your order, and WOSUP dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TaC where such failure is due to events beyond our reasonable control.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us WOSUP Australia Pty Ltd harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TaC by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and WOSUP as a result of the TaC or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of WOSUP and we shall not be liable for any representation, act, or omission on your part.

Assignment

WOSUP Australia Pty Ltd is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notice to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations hereunder.

No waiver

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

Governing law

The TaC, together with all our policies and procedures, will be governed by and construed in accordance to the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.

 

Credits and Returns

Warranty Claims

Please note that warranty claims cover fair wear and tear, for authentic products only, for 12 months from the purchase date. In order to honour a claim we require photographic evidence that shows:

  • the issue or claim, and
  • that the product is a genuine WOSUP Product

Returns

You must notify us within 7 days of receipt of your purchase if you wish to return it for a refund. Our returns policy lasts 30 days, any items you wish to return must be lodged/posted within 30 days of receipt. If 30 days have passed since your order was delivered, unfortunately, we can’t offer you a refund.

You’re not able to return items for exchange – if you want to change an item for a different size or colour, you’ll need to place a new order as all returned items will automatically be refunded.

We will refund the amount you paid when you purchased the item. This includes sale items.

To be eligible for a return, your item must be unused and in the same resalable condition that you received it. It must also be in the original packaging with any original tags attached. If the products are returned used, damaged or do not have all original packaging, we reserve the right to refuse your refund.

WOSUP Exchange Policy

We don’t offer exchanges. If you would like to exchange your item for a different product, we recommend you return the WOSUP product to us. We’ll then be able to provide a refund and you can re-place your order.

Refunds

You have the right to cancel the contract for the purchase at any point from the time of ordering until 7 days after delivery. To qualify for a refund as a result of such a cancellation you must cancel this contract in writing to us within seven days of taking delivery.

We only exchange and replace for damaged or unsatisfied products, we do not refund in any other circumstances.

You will be responsible for paying for your own shipping costs for returning your item for return of undamaged products. Shipping costs are non-refundable. If we are not notified in writing of your intention to cancel the contract, any costs incurred by services associated with unauthorised ‘return to sender’ returns will be deducted from your refundable amount.

All goods will be inspected on return. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit/debit card or original method of payment, within 3 business days of receipt of the package. This excludes the time that it may take to show up on your bank statement.

It can take up to 7 working days for your return to arrive at our warehouse and depending on your card issuer, it can take up to 10 business days for the funds to show in your account.

The goods are your responsibility until they reach our warehouse, so make sure it’s packaged well and can’t get damaged in transit. Please also ensure that you use a tracked service as we are not liable for any lost packages and are not able to issue a refund if the items do not return to us.

Damaged or incorrect product

We will, upon your request, replace any product or part that is received in damaged condition or as a result of a picking error, provided your request is accompanied by photographic documentation. No material will be accepted or replacements issued without prior approval to return such merchandise. Please retain the full product as we will only replace the required parts.

Legal protection

We enforce our intellectual property rights for our products, including, but not limited to, our ownership of the distinctive WOSUP product designs as well as our other trademarks, copyrights and patents worldwide. Our brand protection enforcement efforts take many forms. There are many features that customers can use to identify and authenticate a WOSUP Australia Pty Ltd product, including but not limited to, our trademarks, reputable and authorized retailers and unique packaging.

If you find an imitation WOSUP, please let us know via the Contact us page on the website; with a description and any accompanying information, including photographs.

DELIVERY

We ship all items from Australia. Delivery times 5-7 business days for standard post and 2-3 days for express post.

Business days are Monday through Friday, excluding weekends and public/Federal holidays.

RETURNS POLICY

WOSUP Cups are food storage items, and thus only accept returns of unused items, or by reason of manufacturing default.

If you wish to return an item, please note that the goods must be accompanied by the official receipt/tax invoice you received at checkout.

We can only refund items that are unused in a re-saleable condition within 14 days of receipt of goods, for example:

  • the item is in its original packaging; and
  • the item is unused and as received

Please include your contact details, including the order number, name, email address and phone number, with your goods.

Please contact our customer service team to advise of a product return. A return must be requested within seven days of receiving your order.

You should then return your item(s) within 14 days of receiving delivery return details.

Returns outside these time frames may be accepted at the discretion of WOSUP and may only exchanged for an alternative product unless found faulty.

The customer bears the cost of return for all returns due to change of mind.

Have more Questions? Contact us