WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website 

• Welcome to Casibri.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’). 
• The Website is operated by Sole trader Venera Ghazaryan ABN 65919658911 (Casibri). Access to and use of the Website, or any of its associated Products or Services, is provided by Casibri. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately. 
• Casibri reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Casibri updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. 

2. Acceptance of the Terms 

• You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Casibri in the user interface.

3. Registration to use the Purchase Services

• In order to access the Purchase Services, as part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • Email address
  • Preferred username
  • Mailing address 
  • Telephone number 
  • Password
• You warrant that any information you give to Casibri in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. 
• You may not use the Purchase Services and may not accept the Terms if: 
  • you are not of legal age to form a binding contract with Casibri; or 
  • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services. 

4. Your obligations as a Member 

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

• the Terms; 
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Casibri of any unauthorised use of your password or email address or any breach of security of which you have become aware; 
• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Casibri providing the Purchase Services;
• you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; 
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Casibri for any illegal or unauthorised use of the Website; and
• you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited. 

5. Purchase of Products 

• In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). 
• Payment of the Purchase Price may be made through Paypal (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
• Following payment of the Purchase Price being confirmed by Casibri, you will be issued with a receipt to confirm that the payment has been received and Casibri may record your purchase details for future use. 
• If you are paying with any other currency other than AUD, the ‘Payment Gateway Provider’ will convert it automatically to AUD. 

6. Warranty 

• Casibri ‘s 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 of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). 
• You may make a claim under this clause (the ‘Warranty Claim ‘) for material defects and workmanship in the Products within 180 days from the date of purchase (the ‘Warranty Period’).
• In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Casibri showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by email at [email protected]. 
• Where the Warranty Claim is accepted then Casibri will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you may be liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
• The Warranty shall be the sole and exclusive warranty granted by Casibri and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates. 
• All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. 
• The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

 7. Delivery 

• You acknowledge that the Purchase Services offered by Casibri integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).
• In providing the Purchase Services, Casibri may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Casibri is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

 8. Copyright and Intellectual Property 

• The Website, the Purchase Services and all of the related products of Casibri are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Casibri or its contributors. 
• Casibri retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: 

• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Casibri ; or

• • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or 
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 
• You may not, without the prior written permission of Casibri and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 

9. Privacy 

• Casibri takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Casibri ‘s Privacy Policy, which is available on the Website. 

10. General Disclaimer 

• You acknowledge that Casibri does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. 
• Casibri will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, textures and packaging may differ from what is displayed on the Website. We cannot guarantee that your device’s monitor colour display settings are accurate. 
• Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 
• Subject to this clause, and to the extent permitted by law: 
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • Casibri will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

• Use of the Website, the Purchase Services, and any of the products of Casibri (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Casibri, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Casibri including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Casibri) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  • the Content or operation in respect to links which are provided for the User’s convenience;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

11. Limitation of Liability 

• Casibri ‘s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Casibri is the resupply of information or Purchase Services to you.
• You expressly understand and agree that Casibri, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
• Casibri is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Casibri, by third parties or by any of the Purchase Services offered by Casibri.
• You acknowledge that Casibri does not provide the Delivery Services to you and you agree that Casibri will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services. 

12. Indemnity 

• You agree to indemnify Casibri, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; 
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or 
  • any breach of the Terms.

 13. Dispute Resolution 

• Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 
• Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 
• Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 
  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the sole trader Venera Ghazaryan or his or her nominee; 
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 
  • The mediation will be held in Sydney, Australia.
• Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
• Termination of Mediation: If sole trader Venera Ghazaryan have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 

14. Venue and Jurisdiction 

• The Purchase Services offered by Casibri is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, Approved by you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. 

15. Governing Law

• The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 

16. Independent Legal Advice 

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 

17. Severance 

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall

18. Shipping and handling  

Casibri will do its best to dispatch your order from its warehouse in Sydney, Australia as soon as possible, which usually takes 1-2 business days You acknowledge that these times may be subject to change depending on peak periods. 

If your product is faulty or damaged during shipping, please notify Casibri within 7 days from receiving of the good. If your product(s) is eligible for a free of charge repair or replacement, you will have to post it back with a valid tracking number within a week after getting confirmation from the support team. Your product must be unused, in the same condition that you received and with original packaging. Items that are damaged as a result of normal wear and tear are not considered to be faulty. 

Casibri will provide you a valid tracking number for your postage, as soon as it dispatches from the warehouse. Parcels using a tracked shipping method means that you can trace the package through to delivery with information like: the expected delivery date, delivery delays, where it is and who has it, delivery options. 

Casibri does not take any responsibility for shipping delays or items sent to invalid or incorrect addresses. Items deemed in transit, delayed items, are not permitted for a refund. We will not reship or refund the package, if the tracking status shows your package as “delivered”. Some ‘ Delivery Service Providers’ will deliver your package to your door, porch, mailbox etc. Casibri does not hold any responsibility for any theft or damage if your package is left unattended. If your package is lost by the ‘ Delivery Service Providers’, Casibri will give you a complimentary replacement.

International shipping costs do not include any possible import taxes or customs fees related with collection. The receiver is responsible for payment of any duties or taxes including any fees incurred. Failure to pay customs/duties may result in your package being deemed undeliverable or returned. Casibri is not responsible for the returned items to sender if the address is incorrect/insufficient; the package is unclaimed from the post office; due to failure to pay taxes/customs fees. It is the Customer’s responsibility to contact Casibri on [email protected] email to re-arrange the shipping.  You may be liable to pay for the postage costs.

19. Product availability

All products are subject to availability. Casibri will make every effort to ensure that online displayed all quantities are true and accurate, however will not be liable for any products that are not available at the time of your checkout.

We have made every effort to accurately display the colours and images of our products that appear at the store. We cannot guarantee that your device’s monitor colour setting will be accurate.

If there has been a website malfunction, technical disturbance or incorrect price displayed Casibri is eligible to terminate or cancel orders. A notification to the customer will be sent immediately and any payment received from the customer will be refunded.

Prices for our products are in AUD including GST, which can be changed without any notice. Casibri is eligible to modify or discontinue the Service (or any part or content thereof) without notice at any time.

20. Returns and exchanges 

Under no circumstances will monogrammed or customised products be accepted for return due to change of mind. We do not refund or exchange monogrammed or customised products unless the item is faulty.

Casibri is not liable for incorrectly purchased products. If an item is incorrect, Casibri is unable to exchange, replace or refund these products.