TERMS & CONDITIONS OF WEB SALES

CAPS AUSTRALIA PTY LTD (ACN 79 008 877 790)

About These Terms and Conditions

CAPS AUSTRALIA ABN: 79 008 877 790 "we" "us" operates a website, www.caps.com.au (our "Site") and the Site and related services are made available to the Customer ("you") pursuant to the following Terms of Conditions and any other policies posted on our Site from time to time (collectively, the "T&C's"). Please read the T&C's carefully before placing any orders on our Site. We recommend you should keep a copy of the T&C's for future reference. We may modify the T&C's at any time. By accessing or using this Site, you agree to these terms & conditions of use. If you do not agree to these terms you may not use this Site.

Eligibility to purchase

In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.

Payment Methods and Processing

CAPS Australia like to offer options for our customers, therefore we accept payment via PayPal, Visa, AMEX, MasterCard & Direct Credit.

Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button and will email your Order Confirmation. 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 CAPS, we will not be liable for any delay or non-delivery.

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

We will take all reasonable care to keep the details of your order and payment secure, but 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 unless that access was made possible by our negligence.

GST

Prices shown on the Site are in Australian dollars and are inclusive of GST at the applicable rate. For Trade customers with a login, your prices are exclusive of GST. GST is then calculated based on items selected and is shown in your shopping cart.

Delivery and Shipping

Delivery:
Prompt delivery is a primary focus of CAPS Australia, and we will ensure that all orders are filled and dispatched from our warehouse within 24 hours of payment being cleared. With larger orders & large capital equipment, dispatch will be slightly longer.

For Air Bag deliveries, allow 1-2 business days. For Australia Post Express parcels, please allow up to 3 business days (Monday through Friday excluding Public holidays). All other deliveries, please allow up to 10 business days. If you have not received your order within 10 business days, please contact our team at shop@caps.com.au and provide your order details. We will endeavour to trace your order and have it delivered to you safely.

We will make every attempt to deliver goods within the estimated time frame however please be beware that delays may occur due to unforeseen circumstances or factors that are beyond our control.

Order Tracking:
After your order has been dispatched, a confirmation email will be sent to the email address you provided showing the shipping carrier and tracking number to allow you to track the shipping status of your order.

Store Pickup:
This option allows you to collect at your nearest CAPS branch. As all products are stored in our WA warehouse, please allow 2-4 business days for your order to reach your nearest branch. If you are based in WA, orders will usually be ready to collect within 1 business day.

Once your order is ready for collection, the nominated branch will contact you straight away. In the unlikely event we are unable to fulfill your entire order, you will be notified and refunded the full amount of the unsupplied item/s. Please provide your 'Order Confirmation' email when collecting your order. If you do not have the 'Order Confirmation' email, you will be required to provide Photo ID which must match the details of the customer who placed the order.

Returns

At CAPS Australia, we are happy to accept returns within 14 days of the order being places. If 14 days has passed since your order date, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase.

To request a refund or exchange, please call us first on 1300 858 628, or alternatively you can email us at returns@caps.com.au. To ensure fast processing, please provide your order details. If the above conditions have been met, we will provide the return address and process the refund. Please get in contact with us before you send your product. If the above conditions are not met, we have the right to decline a refund request. A re-stocking fee may apply on some items.

Exchanges (if applicable):
We do offer exchanges; however, it will go through the Refund process above. The refunded amount can be used to purchase the same product if in stock.

Sale items (if applicable):
Regular and Sale items can be refunded.

Shipping:
You will be responsible for paying shipping costs for returning your order. Shipping costs are non-refundable. We highly recommend tracking your returned items, as we can’t guarantee that we will receive your returned item. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

Shipping Method:
Please note we only ship orders to Australian addresses and do not ship to post office boxes. Unless otherwise agreed by us, we will deliver your Products to the Australian address indicated on your Order Confirmation. If you have specified a recipient who is not you, for delivery purposes, then you accept that evidence of a signature by a person who identifies themselves as that person at that delivery address, is evidence of delivery to you and fulfilment by us of our responsibility.

Pricing and Stock availability

The price of Products shown excludes shipping costs. Some products may not be available for immediate delivery.

We will use our best endeavours to ensure products ordered are available for delivery, and will notify you where a product is unavailable prior to you completing your order.
We aim for accuracy in all pricing & availability information. In the rare instance that this information is incorrect, we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such cases, we will refund in full all amounts you have in respect of such unavailable product.

Images

Some images used on this site may not show the exact product being offered. This may be due to a number of reasons such as the availability of the image or a decision to show one item from a range. Some images may therefore show features that do not come with the actual product being purchased. CAPS will do our best to ensure that this does not occur and accept no liability in relation to any misunderstanding resulting from the use of an image.

Acceptance of Your Order

You may place an Order by filling in the Order Form on the Site and clicking the "Submit Order" button. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C's. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however CAPS will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. CAPS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone straight away.

We reserve the right not to accept your order if we are unable to obtain authorisation for payment, 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 T&C's.

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

Despite our best efforts in the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers CAPS Australia Pty Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CAPS Australia Pty Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled CAPS Australia Pty Ltd shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Promotional Sales

The promotions and sales prices that are offered on the CAPS website are available online only. They may not correspond to those in a CAPS store. CAPS stores may operate other promotions and sales concurrently.

CAPS reserves the right to extend or withdraw the offer at any time without notice.

Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the website (eg duration of the promotion or sale, method of calculation of savings etc). Please read these additional terms and conditions carefully.

Warranty and Return Policy

CAPS Australia has a warranty program which complies with Australian Consumer Law.

Refer CAPS Warranty Policy.

General

You may not assign any rights and obligations under these T & C’s whether in whole or in part without the prior written consent of CAPS. Any unauthorised assignment shall be deemed null and void. If CAPS reserves the right to change the T & C’s at any time. The T & C’s applicable to you are those on our Site at the time you order a Product. No CAPS employee or agent has the authority to vary any of the T & C’s governing any sale.

Force Majeure

To the extent permitted by law, CAPS is not liable for any delay in performing any of its obligations under these T & C’s if such delay is caused by circumstances beyond the reasonable control of CAPS, and CAPS shall be entitled to a reasonable extension of time for the performance of such obligations.

Intellectual Property Rights

Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorised by CAPS and/or its third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your use of website

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 T&C's, we may deny you access to this Site on a temporary or permanent basis.

Third Party Websites

We may include links on this Site to other websites or resources operated by parties other than CAPS. CAPS has not reviewed all of the websites linked to its Site and is not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages nor for the availability of such external websites, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites 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 websites or resources.

Compensation and Liability

You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase item(s) from CAPS, except to the extent of our negligence or breach of the these T&C's.

No Waiver

You acknowledge that if you breach the T&C's and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C's. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C's in any way.

Governing Law

You acknowledge and agree that the T&C's together with all our policies and procedures will be governed by and construed in accordance with the law of Western Australia, Australia, and the relevant courts of Australia will have exclusive jurisdiction.

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