Terms of Supply

1. General

These terms and conditions (Terms of Supply) apply to the ordering, purchasing and delivery of products on www.goincase.com.au and www.incase.co.nz (the Website). Products purchased through the Website (Products) are sold and distributed by Pacificomm Australia Limited (we, us and our) as an authorised distributor of Vinci Brands LLC (“Vinci Brands”) for Incase products in Australia and New Zealand.  The Products on the Website are only available for purchase in Australia (www.goincase.com.au) or New Zealand (www.incase.co.nz).  These Terms of Supply do not cover Products not purchased from the Website or the sale of products by third parties to you.

In these Terms of Supply “you” means anyone who visits or uses the Website.

Your submission of personal information is governed by our Privacy Policy. The terms of our Privacy Policy are incorporated into these Terms of Supply by reference.  If you do not agree to our Privacy Policy or these Terms of Supply, you should not proceed with the transaction.

We reserve the right to revise these Terms of Supply from time to time at our discretion. Such revisions will be effective immediately upon publication on the Website. You accept that by doing this, we have provided sufficient notice of the variation. We recommend you review the terms for amendments each time you use the Website and before placing any Order (as defined below). By continuing to use the Website after such publication, you agree to be bound by these Terms of Supply as revised. Any changes to these Terms of Supply will apply to any Order you place from the effective date of the change.

These Terms of Supply were last updated on 1 April 2022.

2. Placing an Order

By placing an order with us for Products on the Website (Order), you are offering to purchase a Product.  You represent to us that you are at least 18 years old, that all information provided to us with your Order is true and accurate, that you are an authorised user of the payment method provided and that any purchase made by you is not for the purpose of commercial resale.  We reserve the right to limit, reject, modify, or cancel Orders that, in our sole judgment, appear to be from unauthorised parties, including resellers.

To place an Order, simply add the desired items to your shopping cart. You can add, delete, update, or change the quantities of products in your cart while you shop the Website. Once you are ready to buy, proceed to check out to enter your shipping and payment information to complete your Order. You can complete your Order as a guest or by opening a user account (Account). By opening an Account, you can quickly access product support, updates and promotions. When you send an Order we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information, and your creditworthiness.

Notwithstanding anything in these Terms of Supply or any other agreement between you and us, all Orders are subject to our acceptance.  An Order confirmation or processing of your Order does not constitute acceptance of your Order and no Order will be deemed to be accepted by us until we have delivered the Product to you.

From time to time there may be information on the Website 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).

We may in our sole and absolute discretion, accept, reject or limit any Order made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the Website, or an error in your Order. If your Order is not accepted by us, we will notify you by email and arrange for a full refund of any payment made by you to be processed.

We endeavour to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.

3. Accounts and Your Information

Please ensure that you enter all information correctly when creating an Account. You may not set up an Account for someone else. You warrant to us that all information provided by you in relation to your Account or as a guest is complete, true and accurate.

You must notify us immediately if you become aware of any actual or potential unauthorised use of your password or Account.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law, Consumer Guarantees Act 1993 (CGA) and the Fair Trading Ac1986 (New Zealand)  (as appliable), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your password or Account which takes place before you notify us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

We reserve the right to terminate your Account immediately without notice for any reason whatsoever including without limitation, where we suspect you have breached these Terms of Supply.

If we suffer any loss, damage, cost or expense as a result of any unauthorised use of your password or Account which takes place before you notify us then you must pay us the amount of that loss, damage, cost or expense if we ask you to. 

4. Pricing

Prices shown are in Australian dollars (www.goincase.com.au) or New Zealand dollars (www.incase.co.nz) and include GST where applicable.  We may vary any prices on the Website at any time without notice to you. It is your responsibility to check the price of a product before placing an Order for it.

In addition to the price for the Products, you will also need to pay the delivery charge (if any) (Delivery Charge). We will inform you of Delivery Charges at the time you place your Order. By placing an Order you agree to pay the price for the Products and the Delivery Charge. Prices do not include any costs associated with set-up or installation, which shall be your responsibility.

5. Payment

We accept payment via Visa, MasterCard, American Express and any other payment method set out on the Website. You will be charged in full upon placing the Order.

Please note that certain Orders are subject to a 24-hour verification period to protect all parties from unauthorised credit card use. To assist in minimising unauthorised card usage, please ensure that your credit card company has all of your current information on file including any alternate or authorised shipping addresses.

If your payment method is charged for an Order that is later modified or cancelled, we will issue you a refund.  We apologise for any inconvenience this may cause you.

6. Delivery

The Products will be delivered within a reasonable time after the receipt of your Order.  A tracking number will be allocated once your Order is dispatched from our storage facilities.

Your delivery address must be an address within Australia (www.goincase.com.au) or New Zealand (www.incase.co.nz) and cannot be a PO Box or a freight forwarding location.

We will take all reasonable steps to deliver your Order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes. We will not be liable for any delay or failure to deliver the Products within any stated timeframes for dispatch, including for delivery failures or delays by our third party delivery contractor, or for any loss or liability by you to a third party. 

It is your responsibility to provide us with access to your premise at the time nominated for delivery. On delivery you may be required to sign a proof of delivery document.  If you are not available to take delivery, your Products will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address. If you require Products that you have ordered to be re-directed to an address which is not the original Order address we may charge you a reasonable fee for doing this.

Title and risk in the Products, such as loss and damage, pass to you on delivery.  You undertake to pass us title to any return Product free from all encumbrances.

7. Cancellations

If you wish to cancel an Order, you must do so by contacting us at Contact Us and quoting the Order number. Orders may not be cancelled after 60 minutes of Order placement or if the Products have left our storage facilities. Once your Order has been shipped, you will no longer be able to cancel or alter the Order. Instead, once your Order arrives, you will need to follow the returns procedure in section 8 below.  Without limiting your rights under any consumer protection laws, including the Australian Consumer Law or CGA (as applicable), once personalised Orders have been processed, they cannot be cancelled or returned.

8. Returns Policy

You may return any item you purchased on www.goincase.com.au or www.incase.co.nz within 14 calendar days of your package being delivered, subject to the terms and exceptions in our Returns policy.

9. Damaged or Faulty Products

If any Product ordered by you arrives damaged or is not of acceptable quality you may have:

(a) rights under Warranty policy;

(b) legal rights and remedies in Australia under the Australian Consumer Law and other rights under other consumer laws applying in each Australian State and Territory or in New Zealand under the Consumer Guarantees Act 1993 (NZ) and other consumer laws applying in New Zealand; and/or

(c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

If your Order arrives damaged or is not of acceptable quality, please Contact Us.

We reserve the right to inspect the Product and verify fault. You are required to return the faulty Product to us for assessment unless we notify you otherwise.

When returning Products:

(a)    please provide us with your proof of purchase;

(b     use your best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at    the time of original purchase.

(c)     you are also encouraged to use the original packaging where possible in order to avoid damage in transit.

All products to be returned or exchanged must have a return authorisation issued by us.  Any Product shipped to us without a return authorisation will be returned to the sender address.

All refunds will be made via the payment method used for the original transaction.

This section does not affect your statutory rights under the Australian Consumer Law or New Zealand Consumer Guarantees Act 1993.

10. Security & Privacy

The Website uses the industry standard Secure Sockets Layer (SSL) technology to ensure the safety of your Internet transactions. SSL encrypts all of your personal information, including credit card number, name and address, to prevent decoding. To verify the security of your connection, check the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When you are accessing a secure server, the first characters of the site address will change from "http" to "https".

We will process, store and use personal information collected from you or on your behalf from your transaction on the Website. Please read our Privacy Policy for more information on the data we collect and how we use it.   You acknowledge that any Product you return to us may be sent to the Product manufacturer, a repairer or third party service provider.  If the Product you return contains personal information, you consent to us disclosing any such personal information contained in the returned Product to the Product manufacturer, a repairer or third party service provider.   By purchasing from the Website and providing us with your personal information you agree to be bound by our Privacy Policy.

11. Promotions

Use of promotional codes, discounts, coupons or similar promotions are subject to that promotion’s terms and conditions. To be eligible for a specific promotion, your order must be submitted within the specified promotion period. Unless otherwise expressly stated in the applicable promotion’s terms and conditions, no more than one promotion may be applied to an Order.

12. Liability

Except as expressly provided in these Terms of Supply, and to the fullest extent permitted by  law, each of we and Vinci Brands and our respective  related bodies corporate, directors, officers, employees, affiliates, agents and licensors exclude all liability  arising out of your access to or use of the Website, any error or mistake occurring on the Website, any interruption of use, any bugs, viruses or malware, Trojan horse virus or other harmful code or communications which may be transmitted to or through the Website or any links to third party websites from the Website.

Except as expressly provided in these Terms of Supply, and to the fullest extent permitted by law, in no event whether for breach of contract, warranty, negligence, strict liability or tort or otherwise will either we or Vinci Brands or each of our respective  related bodies corporate, directors, officers, employees, affiliates, agents, contractors or licensors be liable for any losses or damage that a third party suffers, any losses or damages which are not a foreseeable consequence of our failure to comply with these Terms of Supply, any loss or damage to data, any special, incidental or indirect damages or for any economic or consequential damages of any kind, any loss of profits, revenue, goodwill or anticipated savings.  This limitation and exclusion shall apply even if we were informed or should have known of their possibility.

Nothing in these Terms of Supply is intended to exclude, restrict, modify or limit any condition, warranty, guarantee, right or remedy which you may have under the provisions of the Australian Consumer Law, or CGA (as applicable), except to the extent permitted by the Australian Consumer Law, or CGA (as applicable) or any other statute, which cannot by law be excluded, restricted or modified. If and to the extent that such liability cannot be lawfully excluded, restricted or modified, these Terms of Supply shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply.

13. Other

Any rights not expressly granted in these Terms of Supply is reserved.

These Terms of Supply shall be governed by the laws of Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

If any of these Terms of Supply are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.