Terms and Conditions

Casphone Conditions of Purchase

Interpretation

In these conditions:

(a) "Customer" means the purchaser of the goods.

(b) "Goods" means the product sold by Casphone.

(c) The InDepth Trademark and this Website are used by Casphone with the permission of InDepth Pty Ltd. All products on this website are sold by Casphone under license from InDepth Pty Ltd. Casphone has no affiliation with and is independent of InDepth Pty Ltd

(d) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee right or remedy implied by law (including but not limited to the Competition and Consumer Act 2010 (Cth) and Sale of Goods Act 1896 (Qld) and which by law cannot be excluded, restricted or modified.

 

Applicability and Acceptance of these Conditions

(a) These conditions apply to each order placed by a Customer for the supply of Goods by Casphone provided Casphone has accepted the order.

(b) Acceptance of delivery of any Goods by the Customer will be deemed to be an acceptance of these conditions, notwithstanding anything that may be stated to the contrary in a Customer’s enquiries or order.

(c) No alteration of any provision of these conditions will be valid except in writing signed by Casphone and the Customer.

 

Terms of Sale

The Goods and all other products sold by Casphone are sold on these terms and conditions.

 

Delivery

(a) Any delivery times made known to the Customer are estimates only and Casphone is not liable for late delivery or non-delivery.

(b) The Casphone is not liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery of the Goods.

 

Unanticipated Events

Casphone may cancel or suspend any delivery of any ordered Goods in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers, act of God or any other cause (whether similar or dissimilar) beyond Casphone’s reasonable control.

 

Loss or damage in Transit

Casphone is not responsible to the Customer or any person claiming through the Customer for any loss or damage to Goods in transit by any event of any kind by any person (whether or not the Casphone is legally responsible for the person who caused or contributed to that loss or damage).

 

Warranty

(a) Casphone's liability for Goods manufactured by it is limited to making good any defects by repairing the defects or at Casphone's option by replacement, within the period after the Goods have been dispatched and not exceeding 12 months , so long as;

(i) defects have arisen solely from faulty materials or workmanship;

(ii) the Goods have not received maltreatment, inattention or interference such that the integrity of the Goods has been compromised in any way;

(iii) accessories of any kind used by the Customer are manufactured by or approved by Casphone; and

(iv) the defective parts are promptly returned to ICasphone.

(b) If the Goods are not manufactured by Casphone the guarantee of the manufacturer is accepted by the Customer. Casphone agrees to assign to the Customer on request made by the Customer the benefit of any warranty or entitlement to the Goods that any manufacturer has granted to Casphone under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.

(c) Casphone is not liable for and the Customer releases the Casphone from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by Casphone. In any event the Casphone’s liability under this paragraph is limited to the replacement of defective parts in accordance with these conditions.

(d) Casphone’s liability for a breach of a condition or warranty implied by law is, to the extent permitted by law, limited to, in the case of Goods, any one of the following:

(i) the replacement of the Goods or the supply of equivalent Goods;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

(iv) the payment of the cost of having the Goods repaired.

(e) Any reference to a "Casphone's guarantee" or "Casphone's warranty":

(i) in any marketing material issued by Casphone;

(ii) on Casphone’s website;

(iii) in any website and/or user terms and conditions of Casphone’s;

(iv) on or in any packaging issued by Casphone,

shall be subject to these Conditions of Purchase.

 

Risk and Title

(a) The risk in any Goods ordered by the Customer passes on delivery.

(b) In connection with the Goods while they remain the property of Casphone, the Customer agrees with Casphone that:

(i) the Customer has no right or claim to any interest in the Goods to secure any liquidated or un-liquidated debt or obligation Casphone owes to the Customer;

(ii) the Customer cannot claim any lien over the Goods; and

(iii) the Customer will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorised by Casphone.

(c) In connection with the Goods, Casphone states to the Customer that Casphone has the right to supply the Goods to the Customer.

(d) Without prejudice to the Customer’s liability to pay for Goods supplied, such Goods remain the property of Casphone as legal and equitable owner pending cleared payment in full of all moneys due for such Goods. The Customer acknowledges they are in possession of such Goods as bailee for Casphone pending payment in full.

(e) Until payment in full, Casphone will be entitled to retake possession of the Goods. To allow Casphone to do that, the Customer grants Casphone an irrevocable right to enter at any time any premises or place where the Goods are held or thought to be held, and to remove the Goods. Casphone may then resell the Goods and retain the proceeds of such sale.

 

Returned Goods

(a) Casphone is not under any duty to accept Goods returned by the Customer and will do so only on terms to be agreed in writing in each individual instance, in which case Casphone in its absolute discretion will either issue the Customer with credit for, or will refund, the purchase price paid by the Customer for the returned Goods.

(b) If Casphone agrees to accept returned Goods from the Customer, the Customer must return the Goods as directed by Casphone.

(c) With the exception of warranty claims, all refunds will incur a re-stocking fee of 10% on the total order price.

(d) All Applied discounts, Custom Duties ,Taxes, Shipping and Handling fees are NON REFUNDABLE.

(e) All products for return must be in new condition within 30 days of purchase date and in the original packaging with no missing parts (components,insert cards,etc).

 

Privacy

(a) The Customer acknowledges that personal information concerning the Customer or held by Casphone is provided and maybe held, used and disclosed by Casphone for the following purposes:

(i) so Casphone can provide the Goods the Customer has ordered;

(ii) administering, whether directly or indirectly, Casphone’s contracts and enforcing Casphone’s rights under those contracts;

(iii) ascertaining at any time the Customer’s creditworthiness and obtaining at any time credit reports, character references or credit statements;

(iv) if the Customer is in default under any invoice rendered by Casphone, notifying and exchanging the Customer’s information with Casphone’s debt collection agency; and

(v) enabling the Customer to communicate with Casphone for any purpose.

(b) A copy of Casphone’s privacy policy can be viewed on the internet at its website at www.Casphonecases.com. The Customer has the right under the Privacy Act 1988 (Cth) to obtain access to, and request correction of any personal information concerning the Customer held by Casphone.

(c) The Customer authorises Casphone to obtain at any time from any person or entity, any information Casphone may require to process or accept any order the Customer places with Casphone, or to perform or complete any of the other purposes for which the Customer has provided personal information to Casphone. The Customer authorises any such person to release to Casphone any personal information that person holds concerning the Customer.

(d) If the Customer fails to provide any information requested by Casphone in respect of any order made by the Customer, Casphone may be unable to process such order.

 

Governing Law

This agreement is governed by the law in the State of Queensland. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.

 

Shipping and Delivery Policy

We deliver products Australia wide and Internationally using Coghlans E-Quick System . Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.

Orders are dispatched within 2 business days of order and shipping times are estimated at between 5-10 business days within Australia and 10-14 business days Internationally. All prices are in Australian dollars and include a 10% goods and service tax (GST).

Orders shipping outside of Australia do not get charged GST.

All and any duties payable upon entry to countries other than Australia are the responsibility of the purchaser.

 

Customer Service Policy

Casphone is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 3 business days to arrange an agreeable alternative item, a backorder or a full refund.