Terms of Use.nz


These Terms of Use constitute an agreement between The Casing Boutique Pty Ltd ACN 153 338 642 (The Casing Boutique Pty Ltd) and you, the person who has accessed web pages and/or purchased Products under the thecasingboutique.com domain (Website). Products means a good or service that is advertised on the Website.

By accessing or using the Website, including by ordering Products, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use (and any revisions of this Website), you should not use this Website and/or any information derived as a result of the use of this Website.

PLACING AN ORDER FOR PRODUCTS

You may order Products by selecting the Products and submitting your order through the Website in accordance with these Terms of Use.

During your first order with The Casing Boutique you will be required to provide your email address and a password. You can then use this email address and password for all subsequent orders and/or to check the status of your order.

Any order placed through this Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

The Casing Boutique may ask you to provide additional details or require you to confirm your details to enable The Casing Boutique to process any orders placed through the Website. You agree to provide The Casing Boutique with current, complete and accurate details when asked to do so by the Website.

ACCEPTANCE OR REJECTION OF AN ORDER

The Casing Boutique reserves the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Website or if there is an error in your order.

Each order placed for Products through the Website that The Casing Boutique accepts results in a separate binding agreement between you and The Casing Boutique for the supply of those Products. For each order accepted by The Casing Boutique, The Casing Boutique will supply the Products in that order to you in accordance with these Terms of Use.

If The Casing Boutique rejects an order placed through the Website, then The Casing Boutique will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

DELIVERY OF PRODUCTS

At its discretion, The Casing Boutique will arrange delivery of the Products either through Australia Post, through a courier or through delivery by representatives of The Casing Boutique.

The cost of delivery will be calculated when you place your order.

The Casing Boutique will use reasonable endeavours to deliver the Products within 7-10 business days.

You can use your email address and password to login to the Website and check on your order status. Once your order has been dispatched you can confirm the tracking number or order progress by contacting The Casing Boutique by:

Email: info@thecasingboutique.com 
Phone: 1800 606 170

RISK AND TITLE

Risk in the Products passes to you on the date and time of delivery to the delivery address. Title to the Products passes to you on the later of the date and time of:

  • payment for those Products; and
  • delivery of those Products to the delivery address.

CANCELLING AN ORDER

Once you have placed your order it cannot be cancelled. The Casing Boutique does not offer change of mind returns, but will honour its obligations under the Australian Consumer Law.

The Casing Boutique may cancel any part of an order (including any orders that The Casing Boutique has accepted) without any liability to you for that cancellation at any time if:

  • the requested Products in that order are not available; or
  • there is an error in the price or the product description posted on the Website in relation to the relevant Product in that order; or
  • that order has been placed in breach of these Terms of Use.

If The Casing Boutique cancels an order, then The Casing Boutique will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if The Casing Boutique cancels it before the delivery date or if you are not at fault or in breach of these Terms of Use.

FEES AND CHARGES

The Casing Boutique will charge you, and you agree to pay, the purchase price of each Product that is ordered and the delivery fee provided to you at the time you selected the relevant delivery window when placing your order.

All fees and charges and all prices for the Products include GST (as defined by New Tax System (Goods and Services Tax) Act 1999 (Cth)) where applicable.

PAYMENT METHODS

You must pay the fees and charges online when the order is placed.

The Casing Boutique accepts the following methods of payment:

  • Visa
  • Mastercard
  • PayPal
  • Direct Debit

If you wish to pay by Direct Debit you will be given the opportunity to supply your bank details as part of the order process.

If The Casing Boutique is unable to successfully process your credit card payment for your order, then The Casing Boutique may notify you of dishonour and cancel your order.

You authorise The Casing Boutique to debit the amount that is payable for an accepted order from your nominated credit card if you use a credit card to pay for the fees and charges.

You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

The Casing Boutique will provide you with a receipt at time of delivery which specifies the total fees and charges.

YOUR REPRESENTATIONS

You represent and warrant that:

  • all of the information provided by you to The Casing Boutique in order to use the website and order products is correct and current;
  • you have all necessary rights, power and authority to enter into and perform your obligations under these Terms of Use; and
  • you have and will comply with all relevant laws relating to your use of the Website and your placement of any order.

USE OF THE WEBSITE

You agree to use the Website solely for the purpose of reviewing general information and ordering Products.

You agree that you will not (either yourself or through any third party):

  • use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without the prior written permission of The Casing Boutique
  • use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party
  • use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain
  • use any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website
  • reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website
  • copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of or any content from the Website without the prior written permission of The Casing Boutique; or
  • use the Website for any other unlawful purpose or activity.

You acknowledge that you are solely responsible for all results from your use of the Website (including maintaining the confidentiality of your password and any other information). You will immediately notify The Casing Boutique of any unauthorised use of your account or any other breach of security that you become aware of.

You agree to indemnify The Casing Boutique in respect of any liability incurred by The Casing Boutique for any loss, cost, damage or expense, howsoever caused, as a result of your breach of these Terms of Use.

TRADE MARKS

The trade marks, service marks and logos (Trade Marks) used in this Website are registered or unregistered Trade Marks of The Casing Boutique or its licensors. You may not use, copy, reproduce, adapt or transmit any Trade Mark in any form without The Casing Boutique's prior written consent.

COPYRIGHT

You agree that the Website and its associated selection, layout and design are the property of The Casing Boutique. No part of the Website may be copied, reproduced, adapted or transmitted in any form by any process without The Casing Boutique's prior written consent.

PRIVACY

The Casing Boutique agrees to use any of your personal information in accordance with The Casing Boutique's privacy policy found at our Privacy Policy page.

LINKS TO THIRD PARTY WEBSITES

The Website may provide links to access various other websites on the Internet (Third Party Websites). You acknowledge that The Casing Boutique is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Websites. The inclusion of Third Party Websites does not imply The Casing Boutique's endorsement of the Third Party Website or any association with the Third Party Websites' operators.

TERMINATION

The Casing Boutique may suspend or terminate the provision of products or your access to the Website, or suspend or terminate your account due to your breach of these Terms of Use.

You may stop using the Website at any time and for any reason.

LIABILITIES, INDEMNITIES AND NO WARRANTIES

The Casing Boutique accepts liability to you where it breaches any applicable consumer guarantee or where it is liable as a "manufacturer" under the Australian Consumer Law in connection with the supply of products to you. Otherwise, to the extent it is permitted by law to do so, The Casing Boutique does not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any Third Party Website, or your purchase of products.

In particular, you are responsible for protecting your computer systems and The Casing Boutique is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Website.

To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms of Use is hereby excluded. Further, The Casing Boutique does not waive any defence which it is entitled to rely on under the Australian Consumer Law.

The Casing Boutique has made every effort to ensure that the recipes provided on this website and instructions pertaining to them are accurate and safe but cannot accept any liability for resulting injury or loss whether it be direct or consequential.

Nothing in these Terms of Use is intended to limit or exclude any liability that cannot be excluded by law.

GENERAL

You and The Casing Boutique may not assign any of their respective rights or obligations without the consent of the other, which must not be unreasonably withheld. The Casing Boutique may subcontract duties at its sole discretion to any third party.

The Casing Boutique reserves the right to amend these Terms of Use, without notice, from time to time for legal or commercial reasons.If you do not agree with the amended Terms of Use, you must not continue to access or use the Website. For clarification, no such amendment affects any order for Products which has been accepted already.

These Terms of Use constitute the entire agreement between you and The Casing Boutique for the provision of products and the Website. Any previous understanding, agreement, representation or warranty relating to the products and the Website is replaced by these Terms of Use.

The Terms of Use are governed by the law in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms of Use.

In the event that any provision of these Terms of Use should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.