Product Guarantee / Terms of Sale
We guarantee all footwear made by Casca.
Casca is proud of the quality and performance of our footwear. Items covered under our 2 year product guarantee will be replaced or repaired at the sole discretion of Casca for the practical product lifespan. Repairing product damaged through wear and tear, misuse or neglect will be left at the sole discretion of Casca Designs Inc.
The 2 year product guarantee covers:
- Every pair of shoes for the 2 year lifetime of the product
- Failure of workmanship and craftsmanship
- Failure of materials
- Production defects
Our guarantee does not cover general wear and tear from the intended use of the product or for damage including but not limited to animal damage, damage caused by mishandling via airline or third party shipping companies, extreme wear and/or third-party alterations made to the item. Likewise, fluctuating fit, abuse of product, and disregard for the product care instructions are not covered. Please note every item is subject to an evaluation by Casca in its sole discretion.
Terms of Sale
This page provides you information about the Terms of Sale on which Casca Designs Inc (hereby referred to as “Casca”, “we” or “us”) sell products ("Products") through our website ("our site") to you. These Terms of Sale will apply to any contract between us for the sale of Products to you ("Contract"). Before making any purchase through our site, please read these Terms of Sale carefully and make sure that you understand them.
Please note that before placing an order or making a payment you will be asked to agree to these Terms of Sale. If you refuse to accept these Terms of Sale, you will not be able to order any Products from our site or make any payments related thereto.
We may amend these Terms of Sale from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms of Sale to ensure you understand the Terms of Sale which will apply at that time.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1.1 By placing an order with us through our site, you are making an offer to purchase the Products in your order from us for the Products, at the quantities and at the prices set out in that order. You are responsible for the authenticity and sufficiency of the information you provide. Our site will guide you through the steps you need to take to place an order and make a payment with us. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email. Notwithstanding the foregoing, we reserve the right to rescind any contract in the event of error on the site, such as through pricing, quantities or otherwise.
1.2 We will send you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
1.3 You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.
1.4 Please note that any Products made available through our site are intended for non- commercial use, and purchase of any Products for resale purposes is strictly prohibited.
1.5 By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide.
1.6 You acknowledge and agree that we shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent us from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate (including without limitation all customs laws and regulations and export and import controls administered by the U.S. government (including, but not limited to, the Export Administration Regulations under the U.S. Department of Commerce), the European Union and any other applicable jurisdiction).
1.7 We provide the service of determining the appropriate taxes and duties to be applied to the importation of the Product by you, and to collect, report and remit these taxes and duties, as applicable, on your behalf, to the appropriate tax authority. By accepting these Terms of Sale, you authorise Casca to accept any additional claims for levies (additional assessment) from the relevant customs authorities. For certain non-European imports, you will be responsible for the remittance of taxes and duties to the appropriate tax authority. All Products purchased from us are made pursuant to a shipment contract. Title transfers from Casca to you prior to importation of the Product and you shall be the importer of record. Risk of loss in the Product passes to you when the Product is delivered to you.
1.8 By ordering Products from us, you hereby authorize a licensed customs broker chosen by us to act as your agent and transact business with foreign revenue authorities to clear your Products, account for duties and taxes on your behalf, return your Products and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return.
1.9 The price of your order will be quoted including or excluding taxes depending on the delivery address: (a) Products delivered within Canada will be quoted exclusive of sales tax; and (b) Products delivered within Europe will be quoted inclusive of value added tax. Shipping costs are not included in the price; these will be added at the checkout and will be indicated as a separate charge on your order form (except, in circumstances where free shipping is offered).
- PAYMENTS AND WHAT YOU AUTHORISE US TO DO
2.1 Casca may use a third party payment processor to process credit card transactions made through the Site. You agree to provide all required
2.2 By making a purchase through our site, you authorise us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card and pay us and our affiliates any amounts you owe in accordance with these Terms of Sale.
2.3 We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer.
- SHIPPING AND DELIVERY
3.1 Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service is made available). Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 7 for our responsibilities when this happens.
3.2 If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact Casca on email@example.com
3.3 Delivery of an order shall be completed when we place the Products with a reputable delivery agent (including without limitation Canada Post, DHL or UPS) to the address you gave us.
3.4 Occasionally, part of an order may be out of stock or backordered. We are not responsible for delays in your order, and shipments of your Products will only be made after the Products have arrived at our depot.
3.5 Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.
3.6 Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
- RETURNS AND CANCELLATION RIGHTS
4.1 Details on how you can cancel your order or return your Products (where permissible) including the address to which Products must be returned, will be provided on the checkout, in your order confirmation e-mail and/or your Dispatch Confirmation via the link to the returns portal, (the “Return Merchandise Portal”).
4.2 Returns must only be sent to the address indicated on the Return Merchandise Portal. These details will be provided with the delivery package containing your order or in the Dispatch Confirmation email (which will contain a link to the Return Merchandise Portal).
4.3 Returned Products must be in new condition with tags attached and must be accompanied by the original receipt or invoice. All returned Products are sent at your own risk. If you have received a return label, you must use the return label provided to you via the Return Merchandise Portal.
4.4 All refunds are subject to inspection and verification within our return centres. If the returned Products are not fully resaleable or the packaging is damaged, we reserve the right to refuse a refund.
4.5 Only in cases where the details of the returned Products have been provided within the Return Merchandise Portal will we reimburse you.
4.6 You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed. The refund will be processed as soon as practicable but within fourteen (14) working days of the Product arriving to the return centre in a perfect resalable condition.
4.7 Deductions may be made from refunds where such returned Products are returned in an unacceptable condition.
4.8 We acknowledge that any Products returned on the basis of being faulty shall not be subject to this section and no provisions within these Terms of Sale shall affect your statutory consumer rights.
- CONSUMER RIGHT OF RETURN AND REFUND (CUSTOMERS IN THE EUROPEAN UNION)
5.1 Subject to section 5.2 below, if you are a resident of the European Union and we agree to ship the Product to you at an address in the European Union, then you shall have a legal right to a "cooling off" period during which you may cancel your order for any reason without penalty for up to fourteen (14) days after the order has been received.
5.2 Your right of cancellation shall only apply in circumstances where we are legally obliged to provide such a right to you in your respective jurisdiction. The right to return (or exchange) Products under this section does not apply to Products (i) made to your specification; or (ii)
which have been personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed Products have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
5.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form on our Return Merchandise Portal. A link to the Return Merchandise Cancellation Form will be included in your order confirmation e- mail and/or your Dispatch Confirmation email. If you use this method, we will e-mail you to confirm we have received your order cancellation.
5.4 You can also e-mail us at firstname.lastname@example.org or contact us by post to Casca Designs Inc, 4166 Main Street, Vancouver BC, V5V 3P6, Canada. If you are e-mailing us or writing to us please include your name, email address and details of your order to help us to identify it. If you send us your order cancellation by e-mail or by post, then your order cancellation is effective from the date you send us the e-mail or post the letter to us.
5.5 If you have already received the Products that form the cancelled contract, you will be required to return the Products to us in order to be eligible for refund. You are responsible for the shipping and handling costs associated with sending your cancelled order back to Casca. This does not apply if you have received a Casca nominated or prepaid label.
5.6 If you cancel your Contract, we will:
5.6.1 refund you the price you paid for the Products;
5.6.2 refund the amount of duties and taxes that were paid;
5.6.3 refund any costs you have paid for delivery to you, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method.
5.7 Refunds will be issued within fourteen (14) days of the Product arriving to the return centre in a perfect resalable condition.
- PRODUCT WARRANTIES AND OUR LIABILITY
6.1 OTHER THAN AS REQUIRED BY LAW. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE,OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS OF SALE. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other Terms of Sale which may apply to our site or any content on it, whether express or implied.
6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
6.3.1 use of, or inability to use, our site; or
6.3.2 use of or reliance on any content displayed on our site.
6.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
6.5 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 9.2.
7.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by third parties outside of our control or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
7.3.1 we will contact you as soon as reasonably possible to notify you; and
7.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
7.3.3 you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges (where applicable).
- PERSONALISED PRODUCTS
8.1 The ability of Casca to fulfil any personalised Order is subject to availability of:
8.1.1 the Product/stock; and
8.1.2 the materials requested/required.
8.2 The manufacturing time and/or the shipping time of any such Products may be affected due to Product or material constraints. Unless otherwise expressly set out in the applicable Order Confirmation, we make no representation or warranty that any personalised products will provide a particular fit or will otherwise be fit for purpose.
9.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Sale, or arising out of any claim that you have breached any provision of these Terms of Sale.
- BREACHES OF THESE TERMS OF SALE OF USE
10.1 Without prejudice to our other rights under these Terms of Sale, if you breach these Terms of Sale in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you.
- ONLINE DISPUTE RESOLUTION
11.1 The EU (Online Dispute Resolution for Consumer Disputes) Regulations 2015 requires all traders established in the European Union, who engage in online sales or services contracts, and all online marketplaces established within the European Union to provide:
11.1.1 an electronic link to the ODR Platform which is available at http://ec.europa.eu/consumers/odr/.
11.1.2 If you wish to contact Casca directly regarding your Online Dispute you can do so at email@example.com.
- OTHER IMPORTANT TERMS OF SALE
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale.
12.2 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms of Sale.
12.4 Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 Nothing expressed or mentioned in or implied from these Terms of Sale is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms of Sale. These Terms of Sale and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
12.6 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.7 Please note that these Terms of Sale are governed by the laws of British Columbia, Canada. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the Commercial Arbitration Act in the Province of British Columbia, Canada, the (the “CAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Vancouver, British Columbia, Canada, unless Casca elects otherwise.
Updated: November 11, 2019