Warranty, Terms & Conditions

TERMS AND CONDITIONS Definitions: Supplier means Max Wy Pty Ltd trading as T-Shine Case. Customer means any person or corporations purchasing products or using the service of the Supplier through this website.Goods means goods, products and other items listed for sale in this website.Services means all other services provided by the Supplier through this website other than sale of Products.

These terms and conditions govern the Customer’s purchase of Goods and Services from T-Shine Case, made both verbally or in writing. By agreeing to these Terms of Conditions, you represent that you are over 18 years of age and/or you have given us your consent to allow any of your minor dependents to use this site

Payment terms

  • The Customer must pay for goods in full at the time of purchase through the online checkout PayPal function or by using either credit or debit card or by Zip Pay or any other payment method implemented by the Supplier from Time to time. The Supplier can change its payment method at its absolute discretion
  • Goods will not be dispatched until payment has been made in full.
  • Prices that apply are those advertised on the Supplier’s website at time of purchase. Prices are subject to change without notice including market fluctuation, amendments to tariff and taxation rates and movements in international exchange rates.

Jurisdiction

  • The Customer acknowledges and agrees that these terms and conditions shall be governed by the laws of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland.
  • The Supplier and Customer submit to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Formation of contract

  • Goods advertised on the Supplier’s website (the Site) for sale shall not be construed as an offer or obligation to supply in accordance with the advertisement. The Customer makes an offer by placing an order for the goods through the Site. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it. The Supplier accepts the offer by confirming to the Customer through email provided by the Customer through the Site an issuing a tax invoice for the Customer’s goods.

Delivery

Refer to delivery details as advertised on the Site.  Delivery times are not guaranteed by the Supplier. The supplier uses third party delivery services such as Australia Post or other couriers which the Supplier has no control of and shall not be responsible for their delivery time

The Customer agrees that any person at the nominated delivery address who accepts and signs for delivery of the goods is authorised to do so.

  • The Supplier is not liable for any failure to deliver or delay in delivery for any reason including, without limitation:
  • act of God, lightning, fire, flood or explosion;
  • strike, lock‑out or other labour difficulty;
  • breakage or accident or other damage to machinery;
  • unavailability or shortage of stock from the Supplier’s suppliers; or
  • failure or inability to obtain licences or the effect of any applicable laws, orders, rules or regulations of any government or competent authority.
  • Failure or inability to obtain goods from its suppliers due to pandemic outbreak of any decease or illness.
  • If the Supplier determines that it is or may be unable to deliver within a reasonable time or at all the contract may be cancelled by the Supplier. If the contract is cancelled, the Customer will have no claim against the Supplier for any damage, loss, cost or expense.
  • If the Supplier determines it is unable to deliver the goods, the Customer will be refunded the amount of the goods ordered less the delivery charge and transaction charges incurred by the Supplier from PayPal (or other online payment platform used from time to time) our financial institution (transaction charges).
  • If the goods received by the Customer are damaged in transit:
    • the Customer must report the damage to the delivery company as soon as it becomes aware of the damage; or
    • if the Customer believes the damage cannot be repaired or the damage is unacceptable, refuse to accept the goods from the delivery company.
  • For delivery to capital city areas:
    • The Supplier will deliver the goods to the nominated delivery address; and
    • Risk of loss and damage passes to the Customer upon arrival of the goods at the nominated delivery address.
  • For delivery outside capital city areas:
    • The Supplier will deliver the goods to the dispatch location nominated by the Customer;
    • The Customer shall be responsible for collection of the goods from dispatch location and delivery to the address outside of capital city areas; and
    • Risk of loss and damage passes to the Customer upon delivery of the goods to the dispatch location.

Claims for Wrongful Delivery

  • Any claim by the Customer for short or wrongful delivery of goods must be notified to the Supplier in writing within 14 days of delivery of the goods. Any claim which the Customer does not notify within that time (time being of the essence) will be taken to have been absolutely waived.

Cancellation

  • The Customer may only cancel an order before the goods are dispatched by emailing [email protected]
  • If the Customer cancels an order in accordance with clause 19 then the Customer will be refunded in full less the transaction charges.

Description

  • The description of the goods is given by way of identification only and the use of that description does not constitute a sale by description.

Sale by Sample

  • The Customer acknowledges that no sale made under these terms and conditions constitutes a sale by sample. Samples may vary from actual production.

Multiple Deliveries

  • The Supplier reserves the right to deliver by one or more deliveries, depending on the size of the goods ordered, at the Supplier’s discretion.

Returns

  • Goods delivered to the Customer may be returned on the following basis:
  • factory damaged or defective goods may be returned to the Supplier, and a credit or replacement (if available) or full refund (minus transaction charges) will be provided to the Customer if the Supplier is liable for the damage or defect under any implied term for express warranty contained in these terms and conditions;
  • If you discover a fault with the Goods you have received, please take pictures of the defect and contact us right away.
  • Customized products are your unique creative expressions. Returns on customized item(s) for reasons other than error of the Supplier will be subject to a 50% processing fee on the refund amount (after adjustment of discount/shipping, if required). Shipping fee is non-refundable.
  • The Customer shall be responsible for all the fees involved for returning items. Returned Goods remain the responsibility of the customer until it is received by the Supplier. Customer should use trackable services when returning the Goods.
  • Shipping and packing fee are non-refundable.
  • Any discounts that were applied with a minimum purchase requirement shall not be applicable after removal of Goods in an order requiring specific number of Goods to be purchased. For discounts that are applicable on second/subsequent item, the discount will cease to apply on partial return of the Goods in an order, and the unreturned item will be charged at original price. Any shipping fee waived or discounted shall also be applied.
  • All Goods purchased from the clearance section are sold in an ‘as is where is basis’ and shall be non-refundable nor returnable under any circumstances. Unauthorized returned Goods will be disposed of at the Supplier’s absolute discretion.
  • In all circumstances, the Customer should contact the Supplier by email request further instructions on how to return an order, at [email protected] Returns without prior communication with the Supplier will not be accepted. The Customer should quote an authorisation number from the Supplier’s prior approval.

Taxes and duty

  • The Customer must pay GST on any taxable supply made by the Supplier to the Customer under these terms and conditions. The payment of GST is in addition to any other consideration payable by the Customer for a taxable supply.
  • If as a result of:
  • any legislation becoming applicable to the subject matter of these terms and conditions; or
  • any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;

the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on demand.

Statutory Warranties

  • To the fullest extent permitted by law, the Supplier’s liability under any guarantee, condition or warranty  (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these terms and conditions by any legislation (Statutory Warranties) is hereby excluded.
  • Where the Supplier is liable under any Statutory Warranties, liability for any breach is discharged, at the Supplier’s discretion, by:
  • Replacement of the goods or supply of equivalent goods;
  • The repair of the goods;
  • Payment of the cost for replacing the goods or acquiring equivalent goods;
  • Payment of the cost of having the goods repaired; or
  • If the breach relates to services, the supply or providing the cost of having the services supplied again.

Miscellaneous

  • The Supplier is not liable for any loss caused to the Customer by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier’s control.
  • The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Customer.
  • Certain content, products and services available via this Site may include materials from third-parties. Third-party links on this Site may direct the Customer to third-party websites that are not affiliated with us. The Supplier is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Supplier is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Customer should review carefully the third-party’s policies and practices and make sure he/she/it understand them before engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  • The Supper may provide the Customer with access to third-party tools over which we neither monitor nor have any control nor input. The Customer acknowledges and agrees that the Supplier provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Supplier shall have no liability whatsoever arising from or relating to the Customer’s use of optional third-party tools. The Customer’s use of optional tools offered through the Site is entirely at his/her/its own risk and discretion and the Customer should ensure that he/she/it is familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). if the Supplier, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
  • If, the Customer send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), The Customer agrees that the Supplier may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments forwarded to the Supplier who is. and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. The Supplier may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and conditions. The Customer warrants that the comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Customer further agrees that the comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Supplier or any related website. The Customer shall not use a false e‑mail address, pretend to be someone other than the Customer, or otherwise mislead the Supplier or third-parties as to the origin of any comments. The Customer is solely responsible for any comments make and their accuracy. The Supplier take no responsibility and assume no liability for any comments posted by the Customer or any third-party. The Supplier can, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

Severance

  • If any provision of these terms and conditions is not enforceable in accordance with its terms, other provisions which are self‑sustaining are, and continue to be, enforceable in accordance with their terms.
  • If any part of these terms and conditions is invalid or unenforceable, that part is deleted and the remainder of these terms and conditions remain effective.

Variation

  • The Customer agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time without notice to the Customer. Any changes to these terms and conditions will be effective 5 days are publishing on the Supplier’s website.

Registration

  • In order to access the Site the Customer must become a registered user by providing certain information required on the registration page.
  • The Customer agrees that all information provided for registration is correct, current and complete. If the Supplier believes the information is not correct, current or complete, the Customer may be refused access to the Site or access may be suspended at any time at the Supplier’s discretion.

Security

  • Any password used by the Customer for the Site is for individual use only and the Customer is responsible for the security of their password. The Supplier is entitled to monitor the Customer’s password and at its discretion:
    • change it; or
    • where the Supplier considers it insecure, require the Customer to change it.

Cookies

  • The Supplier may utilise “cookies” to monitor traffic patterns on the Site. The cookie does not personally identify the Customer.
  • The Customer can change their browser settings to either accept or reject cookies.

Virus

  • The Supplier is not responsible for any damage to the Customer’s computer system which has a traceable connection with the Customer’s use of the Site or any linked website. The Supplier will take all reasonable measures to ensure the website is free from any virus, worm, Trojan horse or malware.

Other Links

  • The Supplier is not responsible for any content or privacy compliance of any third-party website that may appear on the Site as a hyperlink. The hyperlinks are provided by the Supplier for the Customer’s convenience only.

Intellectual Property

  • The Customer acknowledges and agrees that all content, including trademarks, text, images, graphics and information is owned by the Supplier and may be protected by copyright, trademark and other intellectual property rights.
  • The Customer must not copy, reproduce, modify, republish or distribute in any form the content from the Site without the Supplier’s prior written consent.