TERMS AND CONDITIONS
Please carefully read these Terms and Conditions before using our Services. This is a legally binding contract. By accessing to, and purchasing on our Website (www.casezone.com), you accept this agreement on behalf of yourself and any entity or individual you represent or for whose device you acquire our Products. If you do not agree with these Terms and Conditions, you should leave our Website immediately.
The Website (www.casezone.com), hereinafter referred to as the "Website" and its services, belongs to Casezone LTD (collectively referred to as “We” and/or “Us” and/or "CaseZone").
These Terms and Conditions should be understood as a contractual agreement between the Customer and CaseZone. By accessing or using our Website and Services you express your understanding and acceptance to this Agreement.
CaseZone is protected by all Copyrights and Intellectual Property Rights under the laws of Hong Kong, as all international copyright and data protection treaties.
These Terms and Conditions describes all Services offered by CaseZone through its Website in connection with which you are accepting this agreement.
Please carefully read the definitions applicable to these Terms and Conditions in Section 26 set out below.
- We offer online shopping services through our Website so that Customers can easily buy our gadget accessories, including original cases from our designers, as those personalized cases that may be individually designed by our Customers according to their preferences (“Products”) for the Devices models shown on our Website, to be received through a quick process by our Customers at the address provided when registering an Account, or when making a purchase.
- The Website offers Customers a shopping cart access to order one or more Products, which may be bought upon selection, or saved for a later purchase, making shipments easier and faster.
- CaseZone acknowledges that all the Products offered on the Website will display the prices in an accurate and clear manner.
REGISTERING AN ACCOUNT.
Customers who wish to buy our Products through our Website must create an Account free of charge. During the registration process, CaseZone will require the Customer to provide the following personal information:
- First Name.
- Last Name.
- Create password
- The Customer will be exclusively responsible for maintaining the confidentiality of its Account and password and for restricting access to any third party.
- The Customer must be responsible for all activities carried out under its Account login and through the use of its password.
- The Customer agrees to immediately notify to CaseZone if any unauthorized use of its password or Account occurs, as any other breach of security, and must ensure to logout from the Customer Account at the end of each session.
- CaseZone will take all commercial and reasonable measures to protect Customer information against accidental or unlawful destruction, loss, unauthorized access, including measures to encrypt such information.
- Customers who wish to buy our Products through our Website must create an Account free of charge. During the registration process, CaseZone will require the Customer to provide the following personal information:
PRICE AND PAYMENT.
- The payable price for purchasing each of the Products offered will be as shown on the Website. Our prices include all taxes, VAT and all other levies. We nevertheless can decide to charge you with the shipping costs on top of the purchase price. In such case, we will always notify you before you finally decide to place your purchase. In that case, you will be notified prior to the final confirmation of your order.
- CaseZone can change the prices on the items at any time without notice, these changes will not affect orders that have been previously placed by the Customer. However, if the VAT rate changes after the date an order has been placed by a Customer, CaseZone will adjust such rate on the item, unless the Customer has already paid for the purchase in full before such change in VAT has taken effect.
- CaseZone only accepts payments in advance through the following payment methods: PayPal, Credit Card, Debit Card (Discover, American Express, MasterCard, Visa, Visa Electron and Maestro) as indicated in our Website. To assure safe online payment and the protection of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognise a safe SSL-connection by the “lock” in the bottom status bar of your browser.
- When online payment transactions are carried out, the Customer will receive an order acknowledgment once payment has been authorized (Purchase Order). CaseZone reserves the right to put any purchase on hold if the payment method used by the Customer is refused or declined by the bank for any reason. The Customer is responsible for providing a secondary valid payment method that enables CaseZone to process the purchase.
- CaseZone does not store your payment method information. All payment details entered through the Website are encrypted when you enter them. Communications to and from the service provider’s site are also encrypted.
- CaseZone will not provide any Customer payment information obtained through the Website to any third-party companies or individuals unless required to by law, regulation or court order.
- Payment methods details provided by the Customer during the use of the online service will be legitimate, valid and accurate, and the Customer shall only use payment methods legally owned by the Customer. CaseZone will not be liable for any payment methods fraud resulting from inaccurate, incorrect, or unlawful information provided by the Customer. Any liability arising from fraudulent acts to payment methods by the Customer, as any responsibility to prove otherwise shall be exclusively on the Customer.
- When a Customer wishes to proceed to purchase a Product on the Website he or she must first place the order through its Account, and then pay the price shown on the item (including all applicable delivery charges) through the chosen Payment Method. Once the Customer has reached the final billing page and submitted the order, such amount will be charged to the payment method selected by the Customer.
- Upon payment by Customer, Company must issue the Customer a pre-shipment invoice. Each pre-shipment invoice will include: description of the item(s); price per item; charges and tax; and total price.
- While CaseZone carries out its best efforts to provide accurate product information through the Website (such as stock availability, pricing, products features, images, and specifications), and services information, typographical errors may occur.
- The colors of the Products offered in the Website will be displayed as accurately as possible. However, given that the actual colors that the Customers perceive are dependent on the quality of its monitor resolution, CaseZone cannot guarantee that the color Customers see will be accurate.
- Publishing any form of product/service information (including -but not limited to- marketing proposal, ads, offers, magazines and flyers) on the Website does not guarantee stock, offer and price availability online.
- Errors may occur in the process of providing product/service and pricing information on the Website. CaseZone cannot confirm the pricing and total cost of a Product until online checkout is completed. In the event that a product/service is listed and invoiced at an incorrect price or with incorrect information due to an error in pricing or product/service information, CaseZone will have the right, to either contact the Customer for further instructions in relation to payment of correct price, or to cancel its order notifying the Customer of such cancellation. In the event that CaseZone accepts and processes an order online, the total cost will be debited to the Customer through its chosen Payment Method, and the Customer will be notified by email that the payment has been processed.
- Stock availability and pricing are subject to change without prior notice. All Prices and Fees are inclusive of VAT as applicable - unless stated otherwise.
- CaseZone carries out international deliveries, including tracking information at the time of shipment with free shipping.
- Customer orders will be delivered by the date set out in the Purchase Order or, if no delivery date is specified, as soon as reasonably possible.
- If there is no one available at the Customer's address to receive the delivery, and the Product cannot be posted through the Customer's mailbox or left in a safe place, after three failed attempts, CaseZone may cancel the Customer Order, in this case Section 7 below will apply.
- The Purchase Order will be complete when CaseZone delivers the Product to the address specified by the Customer; anything relating the Product from that moment on will be accountable to the Customer.
- The Customer will own the Product once CaseZone has received payment in full.
- Customer acknowledges that if he or she cannot be contacted, causing the delivery date to be affected, the delivery of the Product may be delayed without any accountability on CaseZone.
- Shipment processing dates depend on the order, country, city and payment method.
- The form in which the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time the packages are delivered by the postman to the address and require the recipient to sign the receipt of the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service office. Contact the local postal service in your country to check how packages may be delivered.
- The estimated delivery date indicated on the Website is strictly for reference and will not be considered a commitment. CaseZone does not guarantee that orders will be delivered at any given time. However, CaseZone will replace any Product that may be damaged or lost during the process of delivery. If verification of item package status is required in the country of destination through your local postal service, you will have to carry out tracking follow-up on your own account, and CaseZone will not be responsible for fees incurred.
- If the first shipment is not received and a re-shipment is required, re-shipment fee will be required. Impairment for shipment to be received by a Customer may include but is not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), and recipient being unable to pick up the package from the local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product being found to be defective when received. All shipping fees paid are non-refundable.
- In case destination country legally requires additional import Tax, charges, fees and other Customs determines by Customs Office, these will be on Customer's expense.
- If an Item inside a package is damaged during shipment, CaseZone will give full refund to Customer of the price on the invoice previously paid by the Customer. For the return process, please contact us in accordance to Section 8 below.
- CaseZone has the legal duty to supply all Customers with the Products in accordance with the information shown on the Website and as set out in these Terms and Conditions. Nothing in this Agreement will affect Customer legal rights in relation to Products that are defective and/or faulty and/or damaged.
- If a Customer considers that any of the Products that Casezone has supplied are defective or misleading, please read Section 8 on these Terms and Conditions, and notify CaseZone using the contact details described in Section 25.
- Customers may not cancel their Purchase Orders once confirmed, given the production and shipping process starts immediately after the Item has been purchased.
- CaseZone may cancel a Purchase Order due to Payment Method rejection.
- The Customer has 30 calendar days to return a Product from the date in which it was received, for any of the following reasons:
- The product is defective and/or damaged.
- The product is described incorrectly or does not correspond to the item shown on the Website and purchased by the Customer.
- There is an error in the price of the Product.
- In such cases refunds do not apply. However, in case the Item has not been used by you this may be eligible for our Return Policy, 30 calendar days after you received your purchase, provided that:
- The case purchased belongs to one of our collections and is not a personalized case.
- The Item is unused, shows no signs of wear, and the original package remains undamaged until received by CaseZone.
- In order to submit to the Return Policy offered by CaseZone, you may contact us by email to firstname.lastname@example.org. Once CaseZone receives the Product for return, and having examined the conditions of the item, a receipt confirmation of the same will be emailed to you.
- Upon the approval of the Product return, CaseZone will immediately enable an order process for the new Product.
- All fees incurred by the Customer for the return of the Product will be on the expense of the Customer.
- Returns without prior communication with us will not be accepted.
Casezone will make its best efforts to provide and/or make the Website and its Services available in an uninterrupted manner to the Customer. However, the Website and its Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by CaseZone, and such scheduled maintenance activity may be notified to the Customer by email from CaseZone. In addition, the Website and its Services may be unavailable due to unscheduled emergencies and/or for other causes beyond Company's reasonable control and for such unscheduled emergencies prior notice shall not be given by CaseZone.
- Use of the Website and its Services is strictly available only for individuals who can enter into legally binding contracts as prescribed under local and/or international applicable law.
- Individuals who above legal age as prescribed by applicable laws, as to being competent to enter into a legally binding contract, are eligible to use the Website and its Services
- Individuals who are below legal age as prescribed by applicable laws (“minor”), as being incompetent to enter into a contract, including but not limited to un-discharged insolvents, who cannot create legally binding contracts under law, are not eligible to use the Website and its Services.
- Customers may use the Website and its Services for their personal use only (or for the use of a person, including a company or other organization, which a Customer validly represents). The Customer may not use the Website and its Services for any other purpose, or in connection with any other commercial activity, without Company express prior written consent. The Customer may not use the Website and its Services in violation of any laws, regulations, ordinances or regulations.
- Each and every intellectual property right and copyright held by CaseZone in relation to the Website and its Services; as to any inventions; patents; trademarks; logos; business secrets; domain names; and know-how, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to CaseZone and/or Services ("Intellectual Property"), are exclusive property of, and belong solely to Casezone LTD Likewise, Customer accepts that all moral and patrimonial rights to Intellectual Property belong solely and exclusively to Casezone LTD.
- The Customer must not reproduce and/or disclose and/or use in its own benefit or for the benefit of any third parties, in its original or converted form, or in any other way, whether directly or indirectly, any Intellectual Property belonging to Casezone LTD.
- The Customer accepts that the use of the Website and its Services, including the creation of its Account, is exclusively limited to the provisions established in these Terms and Conditions, and in our Policies and in any other agreement related, and that the Customer has no right to claim any right or interest of any kind on the Website and its content and/or Services and/or the Intellectual Property and/or any other right associated or arising from such Intellectual Property.
The Customer must not use or attempt to use the Website and its Services to any activity that may:
- Infringe the intellectual property rights or other rights of any third party.
- Contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind.
- Harm or attempt to harm others.
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Assist any fraud, deception or theft.
- Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Website and its Services or any property, receipt, use, copying, alteration or destruction of or to, any property, devices, software, services, networks or data by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection, or other information security protections, or controls of whatever nature.
- Violate any applicable local, national or international law or regulation.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Website and its Service.
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
- Collect or store personal data without the knowledge and express consent of the data subject.
DISCLAIMER, WARRANTIES AND LIMITATION OF LIABILITY.
- THE WEBSITE IS PROVIDED AND IS MADE AVAILABLE ON AN “AS IS” BASIS, WITH THE EXCLUSIVE PURPOSE OF ALLOWING CUSTOMERS TO EASILY BUY OUR PRODUCTS AND RECEIVE THEM A QUICK PROCESS CARRYING OUT ALL PAYMENTS ARISING FROM SUCH PURCHASES.
- CASEZONE WILL BE HELD LIABLE SHOULD IT FAIL TO COMPLY WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT CAUSING ANY LOSS OR DAMAGE TO THE CUSTOMER THAT WAS FORESEEABLE, AND AS A RESULT OF CASEZONE BREACH, OR IF IT SHOULD FAIL TO USE REASONABLE CARE AND SKILL. HOWEVER, CASEZONE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO CUSTOMERS THAT WERE NOT FORESEEABLE. FORESEEABLE LOSS OR DAMAGE WILL BE UNDERSTOOD IF AN EVENT IS OBVIOUS OR ABLE TO BE PREDICTED AT THE TIME THE CUSTOMER MAKES A PURCHASE ONLINE, AND CAN BE ANTICIPATED BY BOTH CASEZONE AND THE CUSTOMER.
- CASEZONE ONLY SUPPLIES PRODUCTS FOR DOMESTIC AND PRIVATE USE. IF THE CUSTOMER USES A PRODUCT FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE, CASEZONE WILL NOT BE HELD LIABLE TO CUSTOMER FOR ANY LOSS OF BUSINESS, LOSS OF ANTICIPATED PROFIT OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.
- CASEZONE DOES NOT WARRANT AND DISCLAIMS THAT THE WEBSITE WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.
- CASEZONE DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE AND ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE WEBSITE AND ITS SERVICE WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT ANY SERVICE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
- TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL CASEZONE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, LICENSORS OR ANY OTHER PERSON ASSOCIATED OR ANY OTHER BUSINESS PARTNER, BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.
- CASEZONE SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF WEBSITE SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.
- THE EXCLUSIONS AND LIMITATIONS OF COMPANY LIABILITY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, LICENSORS OR ANY OTHER PERSON ASSOCIATED OR ANY OTHER BUSINESS PARTNER CONTAINED IN THIS AGREEMENT, WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
- CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT ITS ACCOUNT REGISTRATION ON THE WEBSITE IS FOR INDIVIDUAL USE ONLY AND THAT CUSTOMER INFORMATION IS ONLY TO BE USED BY THE OWNER OF THE ACCOUNT ACCORDING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- The Customer declares that the use of the Website and its Services is intended for lawful purposes only and that it complies with all applicable laws and regulations.
- Customer shall indemnify and hold Casezone, its partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees harmless against any and all claims brought by a third party for actions arising from or related to the unauthorized use of the Website and its Services, including but not limited to the misuse or operation of the Website in combination or modification with other hardware or software belonging to a third party alleging infringement and/or misappropriation of its intellectual property rights.
These Terms and Conditions will immediately terminate upon Customer breach of any of the obligations in this agreement. CaseZone reserves the right to any other remedies available under law in the event that Customer breaches any of the obligations under these Terms and Conditions and adversely affects CaseZone.
If CaseZone is prevented from carrying out its obligations under these Terms and Conditions as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack in Company technological systems, breach, sabotage, Acts of God, War, Strikes, Lock-outs, Floods and Failure of Service Providers, wars, acts of government, then in such an event, CaseZone shall be relieved from its obligations and liabilities under these Terms and Conditions as such fulfillment of the obligation is prevented.
CaseZone's failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any obligations on these Terms and Conditions.
If you acquired two or more Services, even in a single transaction, or acquired subscriptions to any of the Services in multiple transactions, you may have accepted these Terms and Conditions multiple times. Although the terms and conditions you accepted may be similar or identical, each time you accepted this agreement you entered into a different and separate agreement between you and CaseZone providing the applicable Products and/or Services.
NO THIRD-PARTY BENEFICIARIES.
Nothing in these Terms and Conditions, express or implied, is intended to or will confer upon any person other than the Customer, any right, benefit or remedy of any nature whatsoever under or by reason of these Terms and Conditions. No person other than the Customer may bring a cause of action pursuant to this agreement.
The Customer may not assign its rights or obligations under these Terms and Conditions without the prior written consent of CaseZone.
CaseZone may assign these Terms and Conditions at any time in its sole discretion without any prior written consent by the Customer.
The headings in these Terms and Conditions do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. Any reference to “use” of any software, Service or Update by you shall be deemed to include any installation of any such software, Service or Update by you (unless the context otherwise requires). These Terms and Conditions was originally prepared in the English language. Although CaseZone may provide one or more translated versions of these Terms and Conditions for your convenience, the English language version of these Terms and Conditions will be the governing version of this agreement in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, these Terms and Conditions will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms and Conditions.
GOVERNING LAW AND JURISDICTION.
For any questions, comments, request support or complaints regarding these Terms and Conditions or our Website and/or Services and/or Products you should be addressed in writing to Casezone by email to email@example.com and that email receipt must be acknowledged by Casezone.
“Account” means the free account that each Customer must create when they register on our Website for an online purchase.
“CaseZone” means Casezone LTD, domiciled in __________ and its Website (www.casezone.com).
“Customer” and/or “Customers” and/or “You” and/or “Yours” means any visitor and/or user who may access our Website and/or purchase any of the Products offered on the Website by creating an Account.
“Devices” means smartphones, tablets, laptops and any other similar digital or electronic equipment.
“Payment Method” means any credit or debit card, or any form of online payment indicated on the Website.
“Purchase Order” means the request of a purchase of any of our Products, generated by the Customer and accepted by CaseZone, which creates a binding contract for both parties.
“Product” and/or “Item” means any gadget accessories and original customized cases offered by CaseZone for any Device (smartphones, tablets, laptops and any other similar digital equipment), through the Website that may be purchased by a Customer owning an Account.
“Service and/or Services” means shopping services online, including shipping and delivery of Products offered by CaseZone through its Website.
“Terms and Conditions” means this agreement.
“Website” means www.casezone.com.