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Terms & Conditions

Welcome to the Capsule Case Web Site (the 'Site'). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the 'Agreement').

 

GENERAL:

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

 

PRIVACY POLICY:

Our privacy policy, which sets out how we will use your information. Our privacy policy, which sets out how we will use your information, can be found at www.shopify.com/legal/privacy. By using our Site, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

USE RESTRICTIONS:

You understand and accept that all information, data, text, software, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, 'Content') are owned by Capsule Case or its licensors. You are expressly prohibited from using any Content without the express written consent of Capsule Case or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Capsule Case, and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Capsule Case's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

 

TRADEMARKS:

Capsule Case is a registered trademark, service mark, and/or trade name of Capsule Case. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Capsule Case disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Capsule Case, except as necessary to accurately identify the products or services of Capsule Case.

 

TERMS OF SALE:

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Capsule-case.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Capsule-case.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Capsule-case.com or may in some cases be a third party. Where a contract is made with a third party Capsule-case.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

(a) Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability: Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

 

(c) Payment: Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

DISCLAIMER OF LIABILITY:

This Site and all contents of the Site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. you acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Capsule Case shall not be liable for any damages of any kind related to your use of this Site.

 

DISCLAIMER OF INACCURACY:

From time to time there may be information on capsule-case.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your capsule-case.com purchase, you may submit return merchandise authorization request from Contact Us on this Site. Please see our Product Return Policy for details.

 

LINKS TO OTHER WEB SITES AND SERVICES:

To the extent that this Site contains links to outside services and resources, the availability and content of which Capsule Case does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

 

INDEMNIFICATION:

You agree to defend, indemnify and hold Capsule Case harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

 

VARIATION:

Capsule-case.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Site.

 

TERMINATION:

This Agreement is effective unless and until terminated by either you or Capsule Case. You may terminate this Agreement at any time. Capsule Case also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in Capsule Case's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Capsule Case, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

  

(POSTED Feb 1, 2017 – SUPERCEDES ALL PREVIOUS VERSIONS OF capsule-case.com TERMS & CONDITIONS)