PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. Who we are
This Website (“Site”) is operated by McIntosh Holdings Pty Ltd (ACN 008 675 876) trading as Case Vic & Case Rentals and its related entities (“Case”). In these Website Terms of Sale (“Terms of Sale”), the expressions “we”, “us” and “our” refer to Case.
2. Acceptance of these terms
2.1 These Terms of Sale contain important information about the ordering, processing and delivery of Products by us to you including limitation of liability.
2.2 Your access to and use of this Site, including your order of goods and services (“Products”) through this Site, is subject to these Terms of Sale.
3. Changes to these terms
We amend these Terms of Sale from time to time. Every time you wish to purchase Products from our Site, please check these Terms of Sale to ensure you understand the terms that apply at that time.
4.1 This site and its content are subject to copyright and other intellectual property rights. These rights are owned by Case and its related entities or, in the case of some material, a third party, where the third party has provided permission to use such material.
4.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on this Site without our prior consent or as permitted by statute.
4.3. This Site may also include registered trade marks and other marks that are otherwise protected by law. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use our, or any third party’s trade marks without the respective party’s consent.
5. Ordering Products online
5.1 You may order Products by selecting and submitting your order through this Site in accordance with these Terms of Sale.
5.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified at the time you place the order.
5.3 We only accept your order once payment has been approved and we have debited the payment card at which stage a contract is entered into in accordance with these Terms of Sale.
5.4 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through this Site.
5.5 If we reject an order placed through this Site, we will endeavour to notify you of that rejection within a reasonable time after you submit your order.
5.6 If we cannot contact you about your order using the contact details you provided in the order, after having made reasonable attempts to contact you, we will cancel your order and refund any money paid.
5.7 By placing an order for Products on this Site, you acknowledge and agree that we may send you survey and feedback emails in relation to your order and/or Products. You may opt out of such emails by clicking the unsubscribe link in the emails.
6. Accuracy of Products and Descriptions
6.1 We try to ensure that information provided through the Site is accurate and current. However, we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this Site or that it is up to date including but not limited to errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms or return policies.
6.2 If we discover an error with respect to any Products you have ordered, we will advise you as soon as possible and give you the option of either re-confirming your order or cancelling it.
6.3 If we are unable to advise you of any error with respect to Products you have ordered, we will treat the order as cancelled.
6.4 If your order is cancelled pursuant to this clause, we will refund you in full.
7. Delivery of Products
7.1 Delivery fees are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
7.2 We aim to deliver Products to your nominated place of delivery within Australia requested by you within the time indicated by us at the time of your order.
7.3 Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal services or force majeure for which we are not responsible.
7.4 We will notify you if we expect to be unable to meet our estimated delivery date or time, but to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed deliveries.
7.5 Our delivery partners may contact you via SMS or email prior to delivery to provide you with different delivery options, including requesting an “authority to leave” the Product at the address, or have delivery re-routed to a collection point.
7.6 Please note that it may not be possible for us to deliver to some locations. If we are unable to deliver to your location, we will inform you on the relevant product page or alternatively contact you to arrange for the cancellation of the order or delivery to an alternate address.
8. Cancelling an order
8.1 You may cancel an order if it has not yet been dispatched by contacting our customer service team via the contact details provided in these Terms of Sale.
8.2 You cannot cancel all or any part of an order after the Product has been dispatched by us. Whilst we make every effort to accommodate cancellation requests, sometimes this may not be possible depending on the timing of the request being submitted and processed and the stage of the order fulfilment process.
8.3 Special order Products (“Made-to-order Products”) cannot be cancelled once an order has been submitted.
8.4 In the event you wish to return a Product following delivery, you must follow the process detailed in clause 9 of these Terms of Sale.
9.1 If you have received a Product with a defect, please contact our Team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible.
9.2 In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
9.3 Accepting Product returns due to a change of mind or error made at the time of purchase shall be in our discretion and may incur a cancellation/return fee.
9.4 Notwithstanding anything in this clause, the returns process is subject to the provisions of the Australian Consumer Law.
10.1 We may, in our discretion, terminate the agreement for the supply of Product(s) to you:
(i) for convenience at any time upon us notifying you of the same; or
(ii) immediately if we believe you have breached these Terms of Sale and:
a. the breach cannot be remedied; or
b. the breach can be remedied and you fail to remedy that breach within 14 days.
11. Warranty, Liability, Risk and Indemnity
11.1 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality, and the failure does not amount to a major failure.
11.2 Any advice, recommendation, information or representation provided by us as to the quality or performance of Products or their suitability for a particular purpose or otherwise in relation to the Products is given in good faith but without any liability or responsibility on our part. You acknowledge you have not relied upon or been induced by our representations.
11.3 Unless otherwise specified in these Terms of Sale, all risk in the Product shall pass to you upon Delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
11.4 We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Sale.
11.5 To the fullest extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this Site, or any material appearing on this Site, or from any action or decision taken as a result of using this Website, the Services or any such material.
11.6 You represent and warrant to us that:
(i) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(ii) the person receiving the Products at the delivery address is authorised by you to do so;
you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
(iii) you will ensure that any login and password that is used to access the Site and the details of your account is kept in a safe and secure manner; and
(iv) you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
(v) you will promptly advise us of any changes to your information provided to us as part of the customer registration process; and
(vi) we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill, business opportunity or injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms of Sale.
11.7 Our liability to you for loss or damage of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage and you indemnify and hold us and our related entities, affiliates and our and their respective officers, agents and employees harmless from any and all claims, demands, proceedings, losses and damages (direct or indirect) of every kind and nature, known and unknown including reasonable legal fees, made by any third party due to, or arising out of your breach of these Terms of Sale or your breach of any law or rights of any third party.
12.1 In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
12.2 These Terms of Sale are governed by the law applicable in Western Australia.
12.3 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.
12.4 No waiver by us of any default of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.
12.5 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by email or by registered post to the contact addresses provided herein.