Terms & Conditions
Special Note
Gas Exchange Returns
If you're ordering gas exchange, prepared to surrender your empty cylinder during the delivery of new CO2 cylinders to you at your designated address.
For CO2 Exchange Subscription Plan
IMPORTANT: PLEASE READ THE FOLLOWING TERMS FOR YOUR SUBSCRIPTION PLAN CAREFULLY
1. These Terms
1.1. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the CO2 Exchanges’ Subscription Package (“Plan") to you, how you and we may change or end the service, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss (see Section 2 below).
1.2. These terms together with our website Terms and Conditions, our Privacy Policy and the terms of your selected Plan (these “Terms”), will form our agreement and will govern your use of the Service and where applicable Goods provided under the Plan (both as defined below). By choosing to subscribe to a Plan, you agree to these Terms.
1.3. As used in these Terms, the “Service" means the subscription for the provision of CO2 Gas for SodaStream Sparkling Water Makers (“Machines”), under the terms of your chosen Plan, all as described in these Terms.
1.4. These Terms will apply in addition to, but shall not supersede, any other terms and conditions applicable to the use of: SodaStream cylinders containing the CO2 gas content (“CO2 Gas” and the “Cylinder”), and/or any other supplementary SodaStream product delivered to you for free under your chosen Plan (such supplementary products, together with the CO2 Gas, (the “Goods”).
1.5. When you place your order, you will provide certain personal information to us. Our Privacy Policy forms part of these Terms and will explain how we will collect and use your information. It is important that you read our Privacy Policy in full which can be found on our website by clicking on the following link: Private Policy
1.6. We may make changes to these Terms from time to time for any of the following reasons:
1.6.1. a change in permitted payment methods;
1.6.2. a change in delivery process;
1.6.3. to reflect a new or change to applicable law and/or regulatory requirements and/or recommendations including a voluntary code;
1.6.4. a change and/or development to the Service and/or its operation for example including without limit the number of Cylinders in each delivery;
1.6.5. to make the Terms clearer or more favourable to you; or
1.6.6. to rectify any genuine mistake. As we provide the Services on an on-going basis and we cannot foresee what may change in the future, it is possible that we may need to make changes for other reasons. Except for changes of the types listed above no variation or amendment to these Terms shall be binding unless agreed by both of us.
1.7. Where we make a change to these Terms we will notify you of the change at least 30 days before making a change, unless the change is to your benefit, in which case we may make the change immediately and advise you of it within 30 days of such change. You may exercise your right to terminate your Plan at any time in accordance with section 8 of these Terms if you do not wish to agree to the changes. We will post updated versions of the Terms on the SodaStream website at: https://www.sodastream.sg (“our Website”).
1.8. When we use the words "writing" or "written" in these Terms, this includes emails.
2. How to Contact Us
Komo Pte Ltd (Singapore), trading as SodaStream Singapore is part of the SodaStream group operating worldwide. You can reach out to us here.
3. The Services
3.1. We will provide you with ongoing CO2 Gas supply using Cylinder exchanges as and when needed, within the stipulated 12 months period. Upon purchasing your CO2 Plan, you will receive the personalized Subscription Code via email within 3 business days. The exchange will be performed in delivery, containing 1 or more Cylinders as required according to your Exchange CO2 Cylinders order at SodaStream Singapore website. Cylinders can only be exchanged during delivery, equivalent to the number of Cylinders requested in your replacement order (up to maximum Plan subscribed). This means that if you place a replacement order of four (4) Cylinders, you must exchange four (4) Cylinders during delivery.
3.2. In the event you fail to return all or any part of the used Cylinders, within thirty (30) days as set out in Section 3.2 above we will charge you for the missing Cylinders in accordance with Section 8.8 below.
3.3. The Services will be subject to payment of a fee as applicable to your Plan according to the preferred method of payment described in Section 4 below (the “Fee”).
3.4. One-time Payment of the Subscription Fee, will entitle you, during the Subscription Period, to ongoing CO2 Gas supply (up to the Cylinder limit applicable to your selected Plan) through the Cylinder exchange described in these Terms.
3.5. If your Plan has concluded before the lapse of a Subscription Period, this could be where you have received all of the subscribed Cylinders due to you under your Plan, for example, if you have requested up to the number of Cylinder exchanges including the Initial Cylinder Parcel, during a twelve (12) month period, you will be required to renew your Plan upon placing the order for the exchange which exceeds your Cylinder allowance under the Plan and pay the Fee for the new Subscription Period. We will contact you prior to such renewal.
3.6. You will ensure that, upon their return, empty Cylinders are in substantially the same condition as when you received them and full Cylinders (if any) are in their original packaging with the original tamper proof seal intact. You shall not be entitled to exchange Cylinders found by SodaStream to be damaged or tampered with in any way and SodaStream may, at SodaStream’s discretion, charge you for such Cylinders as if they were missing Cylinders according to Section 8.8 below.
3.7. Any rights to CO2 Gas refills or exchanges and any other rights existing under your Plan at the end of each Subscription Period will not accumulate to the next Subscription Period during the Term.
4. Payment
4.1. The fee payable for the Plan during the Subscription Period ("Fee") is inclusive of all taxes (including GST).
4.2. Payments can be made by credit card Visa, MasterCard or American Express and can be made in either one payment at the time you sign up, or in three (3) equal monthly instalments under Atome (3rd Party payment service provider).
4.3. You consent to us collecting the Fees and other fees due in connection with the Plan according to the selected Payment Method.
4.4. No order will be dispatched or delivered until payment is received or payment has been authorised or processed at SodaStream’s discretion. The data registered by our payment system constitutes full proof of the financial transactions. For clarification purposes, the Initial Cylinder Parcel will not be dispatched until payment of the Initial Fee is received by SodaStream.
5. Orders
5.1. To subscribe to a Plan and use the Service, you must register and create a login for the SodaStream web shop, set up a Payment Method, choose a Plan, read and agree to these Terms and Privacy Policy.
5.2. Orders of CO2 Gas and Cylinder exchanges only take place online through our Website.
5.3. Under the Plan, Your order constitutes an offer to SodaStream to buy the Goods(s) and subscribe for the Services included in your order. When you place an order, we will send you an e-mail confirming receipt of your order, containing the details of your order (the "Order Confirmation"). The Order Confirmation is an acknowledgement that we have received your order, it does not confirm our acceptance of your offer to buy the products(s) or the Services ordered.
5.4. Your offer is only deemed accepted when we dispatch the Goods to you.
5.5. Your Plan will commence on the date we dispatch the Initial Cylinders Parcels. We will notify you in writing once we have dispatched your order and the estimated time for delivery.
5.6. To end your Plan or cancel an order, please contact us.
5.7. We will send you an acknowledgement of receipt by email.
6. Cancellation during Cooling off Period
6.1. You have a right to cancel your order or Plan anytime up to 7 days from the time you placed your order.
6.2. To exercise your right to cancel please notify us of your decision to cancel by contacting us using the contact details set out in these Terms or as shown on our Website.
6.3. To meet the cancellation deadline it is sufficient for you to send your cancellation notice to us before the Cooling Off period has expired.
6.4. If you cancel your Plan during your Cooling off Period you are responsible for returning the Cylinders and any Goods provided under the Plan without undue delay and no later than seven (7) days of telling us you wish to cancel the agreement. If you are unsure on how to return the Cylinders and any Goods please contact us.
6.5. If you cancel your Plan during your Cooling off Period, we will refund to you all payments received, less 4% of bank or credit card fee from you, upon ALL Cylinders or Goods provided are returned to us unused, in their original packaging and Cylinders are with the original tamper proof seal intact.
6.6. We will issue your refund no later than fourteen (14) days after the day we received the Cylinders and any Goods back. We will refund you using the same Payment Method you used to place your order.
6.7. You will ensure that, upon their return, Cylinders and any Goods are in substantially the same condition as when you received them, unused and in their original packaging and Cylinders are with the original tamper proof seal intact. You shall not be entitled to receive a refund for any Cylinders or Goods found by SodaStream to have been used, not in their original packaging, their seal removed or that were damaged or tampered with in any way.
6.8. Where Cylinders or Goods returned are found by SodaStream to have been used or not in their original packaging, or tampered with, or their seal has been removed then SodaStream will charge you for the Cylinders, using their retail price in effect at that time, using the same Payment Method you used to place your order. Where on cancellation you are due a refund, then SodaStream may reduce the amount of any refund that may be due to you by an amount equivalent to the cost of the Cylinders.
6.9. Our Website is solely for the promotion of our products and services in Singapore. Unfortunately, we do not accept orders from or deliver to addresses outside the Singapore mainland and Sentosa Island.
7. Delivery
7.1. SodaStream will provide your CO2 Gas exchange under the Plan subject to the receipt of the Fee and subject to stock availability, factors beyond SodaStream’s reasonable control and finance validation checks that SodaStream, in its absolute discretion, deems to be necessary and makes as set out in Section 4.
7.2. SodaStream will not be responsible for late delivery under the Plan, or not supplying any part of your order, if this is caused because you did not give us the information we need to process and/or fulfil your order. SodaStream and/or companies authorised by SodaStream may contact you by SMS, telephone and/or email with information regarding your order and delivery in accordance with Section 11 below.
7.3. We list availability information related to the Goods on our Website. Beyond what we state on our Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any Goods you order turn out to be unavailable and you will not be charged for those Goods.
7.4. In the event that CO2 Gas or stocks of Cylinders turn out to be insufficient for all deliveries to be affected on a certain time for reasons beyond its control, you agree that SodaStream is entitled to defer delivery at SodaStream’s discretion. SodaStream will act reasonably and will do its best to fulfil the orders on time.
7.5. Please note that unless otherwise stated on the website, delivery estimates are not guaranteed delivery times and should not be relied upon as such.
7.6. We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any event or situation which is beyond our reasonable control. If an event of this sort occurs then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end our agreement and receive a refund for the Fee actually paid by you from the date you place your order for any undelivered Goods or Services and until the effective time you end your agreement with us. This condition does not affect your right to have the Goods and Cylinder Parcels sent to you within a reasonable time.
8. Ending your Subscription
8.1. Without affecting your right of cancellation during the Cooling Off Period under section 6 you may terminate your Plan at any time by notifying us by email, calling us or by writing to us.
8.2. If you terminate the Plan during a Subscription Period without ordering a CO2 Gas exchange Cylinder, we will refund you the remaining Subscription Plan Fee, less 5% of bank or credit card fee from you. For illustration purposes only, if the Subscription Fee is SGD 630.00, and you cancelled the Plan, without any Cylinder exchange, then we will refund you as follows: SGD 630, less 5% of bank or credit card fee. In this example, you would be entitled to a refund of SGD 598.50.
8.3. If you choose to terminate your Plan after the Cooling Off Period and you have placed an order for CO2 Gas exchange and received an exchange Cylinder delivery, we will charge you for the CO2 Gas (Exchange) Cylinders at the prevailing selling price on Website and we will refund you the remaining Subscription Plan Fee, less 5% of bank or credit card fee from you. For illustration purposes only, if the Subscription Fee is SGD 630.00, and you cancelled the Plan, with 10 Cylinders exchange placed, then we will refund you as follows: SGD 640, less SGD 289, 5% of bank or credit card fee. In this example, you would be entitled to a refund of SGD 333.45.
8.4. If you wish to cancel your plan before the end of the term and after Cooling Off Period, and you have received a FREE Maker during sign up, you will have to pay the cancellation fee that corresponds to the Plan that you have chosen: SGD 189 for the FREE TERRA PROMO, SGD 159 for the FREE SPIRIT PROMO. Your SodaStream Maker is still yours to keep
8.5. SodaStream reserves the right to terminate your Plan in the event of the Following:
8.5.1. we are not able to validate your personal information and delivery address;
8.5.2. address change to an area in which there is no carrier coverage;
8.5.3. you do not comply with these Terms; or
8.5.4. you are engaged in illegal or fraudulent use of the Services or Goods;
8.6. Upon termination of your Plan for any reason whatsoever, you may return all Cylinders in your possession no later than thirty (30) days following such termination. Please contact us for a return process / procedure.
8.7. SodaStream agrees to pay the costs of Cylinder returns solely in the event of the following:
8.7.1. the Goods are defective;
8.7.2. there is a delay in delivery due to events outside our control;
8.7.3. SodaStream terminates the Services for all its customers.
8.8. If you are responsible for the costs of return and we are collecting the Cylinders from you we will charge you the direct cost to us of collection.
8.9. A Cylinder that is not returned in good and usable condition according to Section 3 above or which is not returned within thirty (30) days from the end of the Term shall be regarded as a missing Cylinder.
9. Cylinder Ownership
9.1. The Cylinders containing CO2 Gas are provided to you on loan solely to enable you to receive the CO2 Gas contents during the Term. You hereby acknowledge that the Cylinders will remain at all times the sole and exclusive property of SodaStream. You and/or anyone on your behalf will not have and/or claim to have any additional rights with respect to the Cylinders other than the usage rights specifically granted under these Terms.
9.2. To protect your safety and health, the Cylinders shall be refilled and maintained solely by SodaStream and you will return empty Cylinders to SodaStream for CO2 Gas refills and maintenance purposes. Unauthorised refilling of Cylinders by third parties could be risky, may violate the law and infringes SodaStream's rights.
10. Our responsibility for loss or damage suffered by you.
10.1. Please see the applicable warranty documentation attached to each of the Goods and the Cylinders. This information is also posted on our Website www.sodastream.co.uk, which is without prejudice to any of your statutory legal rights as provided for in the legislation on the sale of consumer goods.
10.2. Our warranty for the Cylinders will only apply to Cylinders refilled by SodaStream and bearing a SodaStream tamper proof valve seal.
10.3. We will only be responsible for loss or damage you suffer that is a foreseeable result of us breaking these Terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time our agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.4. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Service or Goods. For example, we are not permitted to exclude our liability to you if the Service or Goods we supply are not of satisfactory quality, or are not fit for purpose or do not match the description.
11. How we will use your personal information
11.1. We will use personal information you provide to us in accordance with our Privacy Policy: to supply the Services and Goods to you (and, in this context, to process payment of the Fee); and to give you information about similar products and services that we provide, You may stop receiving this at any time, please contact us.
11.2. We will only give your personal information to other third parties where the law either requires or allows us to do so, in accordance with our Privacy Policy.
12. Miscellaneous
12.1. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
12.2. These Terms are governed by and shall be construed in accordance with the laws of Republic of Singapore which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Singapore.
12.3. We do not sell products for purchase by children. You must be at least eighteen (18) years old and a resident in Singapore.
12.4. To find more information about our Service or if you need assistance with your account, please contact us.
12.5. In the event of any conflict between these Terms and information provided by Customer Support or other portions of our website, these Terms will control with respect to the Plan.
12.6. If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs, including part of any remaining paragraph will remain in full force and effect.
12.7. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.8. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password confirmation messages, notices) in electronic form only, for example, via emails to your email address that you provided during registration or through your account on the website.
12.9. We reserve the right to transfer our rights or obligations under this agreement to any company, firm or person provided this does not affect your rights under this agreement. We will notify you thirty (30) days before doing so.
12.10. This agreement is personal to you. You may not transfer your rights or obligations under this agreement to anyone else, and no third party is entitled to benefit under this agreement.
For All Sales
These Conditions of Sale govern the sale of products by Komo Pte Ltd (Singapore) ("SodaStream" or "we") to you.
Please read these conditions carefully before placing an order with SodaStream. By placing an order with SodaStream, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to SodaStream to buy the product(s) in your order. When you place an order to purchase a product from SodaStream, we will send you an e-mail confirming receipt of your order and containing the details of your order ("Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. Your contract is with Komo Pte Ltd (Singapore). SodaStream will provide the product(s) to you in conformity with this contract.
2. PRODUCTS
2.1 We place details of our products on our website for your perusal, including photographs. Photographs are for illustrative purposes only and the appearance of the products may vary.
2.2 Subject to Condition 2.1 above, the products shall materially conform to their description on the website.
3. RETURNS AND CANCELLATIONS
Please refer to our Policy here for all matters pertaining to returns and cancellations.
4. PRICING AND AVAILABILITY
4.1 All prices are inclusive of legally applicable GST and are as shown on our website.
4.2 We list availability information for products sold by us on our website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Your order will not be accepted until such time as we provide you with a delivery confirmation.
4.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
4.4 You must pay for the products before we deliver them.
5. DELIVERY
5.1 The costs of delivery will be as displayed to you on our website.
5.2 We are only able to deliver to addresses in mainland Singapore and Sentosa Island.
5.3 Please refer to our Policy here for more information on deliveries.
6. LIABILITY
6.1 Nothing in these Conditions of Sale excludes or limits SodaStream’s liability for death or personal injury arising from SodaStream’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Singapore law.
6.2 To the fullest extent permitted by law, SodaStream expressly exclude all conditions, warranties and other terms that might be otherwise included by law. SodaStream does provide a product warranty, full details of the SodaStream product warranty can be found under Section 13 by clicking here.
6.3 The customer is responsible for using the SodaStream products in strict conformity with the instructions that are provide with the products. SodaStream excludes all liability that arises as a result of the customer's use of the product in non-conformity of the instruction manual provided. If for any reason you do not receive an instruction manual, you should notify us (using the details outlined below) and we will send you an instructions manual either electronically or by post as soon as practicable.
6.4 Subject always to condition 6.1 above, our maximum liability to you, whether in contract, tort (including negligence) or otherwise in relation to the products purchased by you shall be limited to the price you paid for the relevant products.
7. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of Singapore. We both agree to submit to the non-exclusive jurisdiction of the courts of Singapore, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Singapore.
8. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.
9. WAIVER
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
10. THIRD PARTY RIGHTS
Rights under these Conditions of Sale only accrue to the person placing the order and entering these Conditions of Sale. Accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11. CHILDREN
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only buy from our website with the consent of a parent or guardian. By submitting an order, you confirm that you are over the age of 18 years.
12. OUR CONTACT DETAILS
SodaStream is the trading name of Komo Pte Ltd (Singapore). You can reach out to us here.
14. STATUTORY RIGHTS
These Conditions are without prejudice to your statutory rights.