Terms and Conditions

CUSTOMER TERMS & CONDITIONS

Welcome to Caim Worry Beads. Please take some time to read the following conditions applicable to purchasing products through this website.

The following terms and conditions, as well as the terms on ordering, shipping, payment, returns, security and currency found in our FAQs section and the website terms and conditions govern your purchases through Caim and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by the Agreement as amended from time to time.

If you are uncertain about any of the terms of the Agreement, please contact Caim before the completion of any purchase.

REVIEW OF TERMS

The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to Caim. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your purchases through the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Caim reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

SHIPPING

Caim can only ship to a limited number of countries, as listed on our FAQs page. Caim is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.

PRODUCTS & ORDERS

The products made available on the site are for personal use only. You may not sell or resell any products you purchase or otherwise receive from Caim.

All orders placed are an offer of purchase and are subject to acceptance by Caim. If an order is not accepted a full refund will occur at the earliest possible convenience. Caim reserves the right to refuse an offer for any reason.

Without limiting the above, Caim reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by Caim in its sole discretion. As part of Caim’s order processing procedures, Caim will screen all received orders for fraud or other types of unauthorised or illegal activity. Without limiting the above, Caim reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, Caim may reject your order or its customer service department may call you at the phone number you provided (or use your email address) to confirm your order. Caim also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

Given the artisan nature of our products, except where prohibited by law, Caim may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy products supplied by Caim.

In the event of the requested products being unavailable Caim may cancel the transaction and effect a full refund.

PRICES & PAYMENT

All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.

Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Caim reserves the right to cancel the sale accordingly. Caim is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque.

PRE-AUTHORISATION

When you make a purchase on the site by credit card, Caim may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. Please note that no funds are taken from your account at pre-authorisation but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to seven (7) days for your financial institution to release the funds before you are able to access them.

USE OF PRODUCTS

Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use.

LIMITATION OF LIABILITY

To the full extent permitted by law, Caim makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by Caim.

Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, Caim’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of Caim, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.

This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Agreement Caim may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

CONCLUSION OF TRANSACTION

The agreement for sale is concluded only when goods are handled over to the designated carrier.

CREDIT CARD STORAGE

The site includes a credit card storage function, which will store your credit card details through a secure external storage service. As such your credit card details are not stored on or through the Caim site, and there is no way for these details to be retrieved by us or our staff. However, if you are at all concerned with the potential security of this secure storage process we recommend that you not use this feature.

APPLICABLE LAW AND JURISDICTION

Caim (www.caimworrybeads.com) is created and controlled in Victoria, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of Victoria. By purchasing products through this site you submit to the jurisdiction of the courts of Victoria, Australia and Australia and agree that any legal action will only be commenced in these forums.

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Caim’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

Effective as at July 2021

WEBSITE TERMS & CONDITIONS

Welcome to Caim Worry beads. Please take some time to read the following conditions applicable to the use and enjoyment of the site.

The following terms and conditions, along with Caim’s policies such as the Privacy Policy and other customer service policies, govern the use of Caim and constitute the entire agreement between the contracting parties. By browsing the site or by signing up as a member, you agree to be bound by the conditions listed below as amended from time to time.

Caim enjoys interacting with you via Facebook and Instagram. These terms and conditions govern how Caim will interact with you on social media sites.

REVIEW OF TERMS

These terms and conditions are subject to change from time to time without notice. Past terms and conditions can be accessed on request by written notice to Caim. Use of the site will be governed by the terms and conditions in force upon the date of that transaction.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the site.

CAPACITY TO CREATE A MEMBER PROFILE

A member profile can only be created with Caim by persons with capacity to contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.

SECURITY

Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information are fully responsible for all conduct carried out under this password and profile. Caim is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Caim requests that you promptly report to it any unauthorised use of your password.

INTELLECTUAL PROPERTY

All content on this site, including without limitation text, icons and graphics are the property of Caim or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

SOCIAL MEDIA

Our general policy is not to delete your comments on Caim’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or Caim personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, Caim will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless Caim (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

BREACH AND TERMINATION

If, in Caim’s reasonable opinion, you have breached any provision of this agreement Caim may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

LINKS TO OTHER SITES

Caim maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or Caim personnel link other websites on our site or on our social media pages does not mean that Caim endorses them or takes any responsibility for the accuracy of the content on those sites.

INTERFERENCE WITH THE SITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

APPLICABLE LAW AND JURISDICTION

Caim Worry Beads (www.caimworrybeads.com) is created and controlled in Victoria, Australia. These Website Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia.. By using this site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.

GENERAL

Effective as at July 2021