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This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from Soa The Hulk Merchandises (“SOA”) using the soathehulk.com website. SOA reserves the right to change these terms and conditions without prior written notice at any time, at SOA’s sole discretion.

The terms “you” and “your” refer to the purchaser of Products using the soathehulk.com website.
Please read this agreement carefully! By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement also contains a dispute resolution clause, found in section 13.

As further discussed in section 11 of this agreement, except as expressly provided for in this agreement, SOA does not make or give any representation or warranty with respect to the products you may purchase from this website and SOA’s liability is limited as provided in that section.​

You hereby consent to the exchange of information and documents between you and SOA over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by SOA as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your use of this website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in Section 13 of this Agreement) shall supersede and take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.

Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “ Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price, and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“ Submit Order”] button), such order will constitute an offer from you to SOA to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms, and conditions set out in the Order Confirmation. Orders are not binding on SOA until accepted by SOA. SOA’s acceptance of your order is evidenced by a return e-mail from SOA indicating that your order has been accepted

SOA reserves the right, in its discretion, to limit quantities, terminate accounts, and refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is canceled after your payment has been processed, SOA will issue a full refund.

All prices quoted are payable in Australian Dollars. Although SOA strives to provide accurate product and pricing information, errors may occur. SOA reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. SOA cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the soathehulk.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, SOA may, at its sole discretion, refuse or cancel your order, whether before or after SOA’s acceptance thereof. If there is such an error in pricing, SOA will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.

Terms of payment shall be determined at SOA’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by SOA. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

The availability of certain Products may be limited, and Products may not be available for immediate delivery. SOA may revise or cease to make available any Products at any time without prior notice. In the event that SOA is unable to deliver you a Product ordered due to lack of availability, SOA will notify you via e-mail and your order will be automatically canceled with respect to such unavailable Product, provided that SOA may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

The products available for sale and/or distribution by SOA are available only in Australia.

SOA will arrange for the shipping of the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. SOA will only arrange for the shipping of products to addresses located in Australia. Delivery times provided by SOA are estimates only. SOA shall not be responsible for any damages or costs resulting from any delays in delivery.

Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and state sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.

Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for the Product. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have any questions about the sales taxes on your order, or whether taxes are applicable to your shipping and handling charges, please send us an email at merchandise@soathehulk.com.

All Product(s) purchased from SOA are delivered to you by a third-party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond SOA’s control once it leaves our facilities, SOA cannot be held liable for late deliveries. SOA will, however, work with you to ensure a smooth delivery.

All Product returns are subject to the SOA Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.

Except as expressly provided for in this agreement, SOA does not make or give any representation, warranty, or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error-free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade. In no event will SOA be liable for any indirect, incidental, or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use, or lack of availability of facilities including computer resources, routers, and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by SOA or otherwise related to this agreement or the transactions conducted on or from the soathehulk.com website, even if SOA or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will SOA’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will SOA be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, SOA’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of SOA.

Certain federal, state, or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

For the purposes of this Section, “ SOA” shall include SOA’s affiliates and SOA’s and its affiliates’ respective directors, officers, employees, agents, mandataries, and contractors.

This Section shall survive the termination or expiry of this Agreement.

This website and its server are physically located within Australia. This Agreement shall be construed and interpreted in accordance with the laws of the Australia applicable therein and shall be treated in all respects as a contract, without reference to principles of conflict of law.

It is important that you read this entire section carefully. This section provides for the resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

Binding Arbitration

Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present Agreement (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding its negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum’s Code of Procedure discussed below) (hereinafter collectively referred to as “ Claims” and each, individually, as a “ Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect, which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of this Agreement.

However, before you submit a Claim for arbitration, you must first contact our customer service representatives by emailing us at merchandise@soathehulk.com, and give us an opportunity to resolve the dispute. Similarly, before SOA takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or SOA is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in Schedule «A» below.

For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to this Agreement including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in this Agreement or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.

No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to this agreement shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by this agreement and may not award exemplary or punitive damages or attorneys’ fees. You and SOA both waive any claims for an award of damages that are excluded under this agreement.

Injunctive Relief and Provisional Relief

Notwithstanding the provisions in this Section 13, the National Arbitration Forum’s Code of Procedure or any other provision of this Agreement, SOA shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Australia. You agree to comply at all times with all such laws and regulations. You will defend and hold SOA harmless against all claims, damages, or liability resulting from a breach of the foregoing.

The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.

You may not assign your rights or obligations under this Agreement without the express written consent of SOA.

This Agreement shall insure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

This Agreement, together with all other agreements, terms, or conditions incorporated or referred to herein constitute the entire agreement between you and SOA relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by SOA making such amendments or modifications available to it pursuant to this Agreement.

The failure of SOA to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of SOA to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

You expressly agree that this Agreement and all ancillary documents be drafted solely in English.

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