Terms & Conditions of Sale

This terms of Sales agreement is a contract between you as the customer and Cass Brothers ABN 99 023 767 796. These terms apply to the ordering, purchasing and delivery of goods from Cass Brothers and form a binding contract between you and Cass Brothers.

The following terms contain important information and should be read carefully prior to ordering, purchasing, and delivery of goods. Limitations of liability are also included within these terms. Other important terms may also apply to your order, such as Click & Collect, Returns, Refund and Exchange Policy.

If you have any questions you can:

  1. Visit our Customer Service Centre at: 600  Parramatta Road, Petersham, NSW, 2049. Monday to Friday from 8am – 5pm; or
  2. Contact us on: +61 2 8076 3722. Monday to Friday from 8am – 5pm; or
  3. Email us anytime at: petersham@cassbrothers.com.au.

 We, Us, Our, refers to Cass Brothers ABN 99 023 767 796.

You, and Your means the purchaser of the goods from Cass Brothers and agree to form the agreement under these terms.

 

1.       General

Cass Brothers reserves the right at all times to make changes to these terms. Any variations to these terms will take effect from the time they are updated on the website. The terms which apply at the time of Order are those that govern your relationship with Cass Brothers with respect to that order.

Should you be a regular purchaser from Cass Brothers we advise you to review the terms & conditions of sale prior to purchasing.

Any provision of these terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms or affect the validity or enforceability of that provision in any other jurisdiction.

A failure or delay by Cass Brothers to exercise a power or right under these terms does not constitute a waiver of that power or right, and the exercise of a power or right by Cass Brothers does not preclude its future exercise or the exercise of any power or right.

These terms & conditions of sales are govern by the Laws of New South Wales and your transaction is deemed to have taken place in Petersham New South Wales Australia.

 

2.       Terminology

The following terminology apply to these terms.

  • Large & Bulky goods are large goods where extra handling and additional resources are required for delivery (i.e. two person delivery). Additional Delivery Fees and requirements may apply. To check whether goods you are ordering are affected, look for the ‘Large & Bulky’ symbol when placing your Order on our website.
  • Business Day means a week day in which trading starts from Monday to Friday from 8.00am to 5.00pm, excluding public holidays.
  • Click & Collect allows you to purchase goods from Cass Brothers online for collection at Cass Brothers Petersham Store.
  • Delivery Address means the address to which the goods are to be delivered as stated on your Order.
  • Delivery Agent means a nominated delivery party or shipping company for Cass Brothers online, it can be Cass Brothers in house delivery service, an Independent Courier Company, or directly from supplier.
  • Delivery Fee means the fee charged by Cass Brothers for the delivery of goods.
  • Goods means the items offered for sale.
  • GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
  • Order means a request by you to purchase goods from Cass Brothers under these terms.
  • Personal Information has the meaning given in the Privacy Act 1988 (Cth).
  • Price means the purchase price of each Good as specified (including GST).
  • Privacy Policy means the Cass Brothers Privacy Policy found on the Website.
  • Returns Policy means the Cass Brothers Returns Policy found on the Website
  • Special Delivery means delivery of goods that cannot be delivered by Standard Delivery such as Large and Bulky items (e.g. baths, toilet suites and some other large items).
  • Website means Cass Brothers website www.cassbrothers.com.au.
  • Website Terms means the terms governing your use of the Website.

 

3.       Orders

An order submitted by you is an offer by you to purchase goods for the stated price plus any delivery fees that may arise as specified at the time you submit your order. Orders may be placed by completing the required form on this website or by telephone.

3.1   In completing your order, you agree to provide complete and accurate personal details and/or those of the recipient of gifts to enable the processing and delivery of the order. This information will be passed on accordingly to the delivery agent under the Privacy Act (Cth) 1988.

3.2   Once you submit the order to us, an order number will be provided to you. The order number is required for communicating between you and our customer service centre.

3.3   It is our right to accept or to reject your order at any time.

3.4   When we accept your order it constitutes an agreement between you and Cass Brothers to supply the goods under these terms.

3.5   If we reject an order, we will notify you with the reason for rejection via email within 5 business days.

3.6   When the order is rejected Cass Brothers will refund any money paid to us in respect of that order as per clause 6.

3.7   You acknowledge and agree that:

a)      All pictures and images of goods displayed on the Website are for illustrative purposes only. Sizes and dimensions of goods may differ in real life, and any accessory featured with the goods is for illustrative purposes only, and may be sold separately;

b)      You have read any written description of the goods on the Website before submitting your Order;

c)       The colour of goods as shown on the Website may vary in real life; and

d)      Where we provide dimensions and measurements in the descriptions of a Good, it is your responsibility to ensure that the actual size of each items is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the goods).

 

4.       Availability of goods

From time to time some goods on the website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this happens, Cass Brothers will use all reasonable endeavour to either:

a)      Source the goods; or

b)      Contact you within 5 business days to either:

                                 i.            Arrange a full or partial refund; or

                               ii.            Change your order to replace the goods with a comparable product as agreed with you; or

                              iii.            Come to an alternative arrangement.

Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the goods as per clause 6.

 

5.       Price & Payment

 

5.1   All prices quoted are in Australian Dollars and where applicable inclusive of goods and services tax (GST) unless otherwise stated.

5.2   For each order, we will charge you and you will agree to pay:

a)      The price at the time the order is submitted; and

b)      The delivery fee (if applicable).

5.3   You can pay for your goods by any method specified on the order form on the website. In respect of paying by credit card, the name on the credit card must match the name on the order.

5.4    Any payment for an Order must be cleared by Cass Brothers before goods are despatched. If your payment cannot be processed, your Order will be rejected under as per 3 and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

5.5   An order confirmation will be provided once the payment has been cleared. This is proof of purchase and may be used for warranty claims.

Price Match Guarantee

If you happen to find a cheaper price on an identical Cass Brothers stocked item we will match our competitor’s advertised price. Simply provide proof of the price via a written quote, online link, catalogue or daily newspaper advertisement so that we can verify our competitor’s price and offer you that same price.

5.6   the written quote, online link, catalogue or newspaper advertisement displaying the competitor’s price for the identical product must be no more than 30 days old;

5.7   Our competitor must be a retailer with an ABN and must be an authorised dealer of the identical product being sold;

5.8   The competitor must have the same SKU in stock and the product must be identical, including supplier and model number;

5.9   Competitor must have product in stock;

5.10 The price match does not apply where:

a)      The competitor's price is conditional or determined after the allowance of any amount for, or is part of a promotion involving financing, installation, delivery, rebates, cash back offers, free or bonus offers, trade discounts, stock clearance for any limited quantity or end of model promotions;

b)      The competitor's price is offered under any promotion with a third party;

c)       The competitor's price is not available to the general public;

d)      the identical product is advertised in classifieds, liquidation sales, clearance and warehouse outlets, or through auctions, including eBay;

e)      The competitor's price has been discounted by the competitor through the use of coupons, loyalty rewards, redemption only rewards or other incentives to reduce the total cost of the identical product;

f)       The lower price for the competitor's product relates to second hand stock.

5.11 Cass Brothers can terminate or vary the price match offer at any time without notice.

 

6.       Returns, Refunds, & Exchanges

Cass Brothers Return Policy applies to all purchases made in a Cass Brothers store or online at cassbrothers.com.au.

Cass Brothers Return Policy does not exclude or replace your rights given under the Australian Consumer Law and Regulations.

Returns

Cass Brothers will require satisfactory proof of purchase before providing a credit, refund, or exchange under the Australian Consumer Law. Provided your product remains boxed and as new.

You must contact our Customer Service Centre on (02) 8076 3722 within 14 days of purchase to enquire about returning the product. A restocking fee of 20% of the purchase price generally will be charged to cover the suppliers handling/restocking fees.

6.1   We will not accept for return any product that has been used or installed or where you have attempted to install it, or if your product is custom-made or is a special orders.

6.2    You must adequately package any product you are returning to us to ensure that it is not damaged during return delivery to our warehouse. All items including packaging must also be returned in original condition.

6.3   If Cass Brothers processes a refund under these terms, it will use reasonable endeavours to process the refund within 5 business days after we received the goods in our warehouse. Your receipt of your refund will depend on the period of time it takes your financial institution to process the refund. Cass Brothers is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

6.4   We are not able to refund the delivery costs.

6.5   It is a condition of Visa, MasterCard, and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Cass Brothers is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order, except for cash payment, which will be refunded by cheque.

6.6   Cass Brothers is committed to protecting your privacy. You may be asked to present photo identification so that we can record your name and verify your signature. Acceptable identification must also include your full name with a future expiry date. For example, Australian Driver’s Licence or Passport.

Please note, when returning merchandise totalling $1,000 or more and requesting refund, your name, address and ABN (if applicable) will be required.

Information collected will be securely stored for a reasonable period of time. It may be used for fraud protection activities and for the purpose of Cass Brothers research and analysis. It may be disclosed to state and territory departments upon request, as required by law.

Consumer Guarantees

If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. These rights are not impacted by the change of mind policy or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).

Where you believe an item has a manufacturer fault, please contact Cass Brothers Customer Service Team on 02 8076 3722 for assistance.

Where an item is damaged through misuse or abnormal use, or incorrect installation by an unlicensed trades people. Cass Brothers cannot provide a refund, exchange or repair, whether the fault is identified by Cass Brothers, the manufacturer or their service agent.

 

7.       Delivery

In delivering your goods Cass Brothers uses delivery agents to deliver your goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your goods.

If you are not personally available to accept delivery, you may appoint a representative to accept and sign on the delivery in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.

Delivery may attract some fee, and the fee associated is payable in addition of the purchase price of each product.

Delivery Areas

7.1   We offer shipping to most areas within Australia.

7.2   For Large, Bulky and Fragile goods, delivery is limited to areas within Sydney, unless otherwise agreed.

Delivery Times

You may request a date for delivery and we will endeavour to meet your delivery requirements. However, it is sometimes extremely difficult to ensure your delivery is received when requested due to matters out of our control. Should we be unable to satisfy your requested delivery date we will contact you as soon as possible. We take no responsibility for the failure to deliver by the requested delivery date.

Split orders and selected large and bulky items may be classified as a special order from suppliers and may take longer to be ready for delivery. You will be contacted by our Customer Service Centre who will provide you with an estimated time of arrival (ETA).

Cass Brothers is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by calling our Customer Service Centre on (02) 8076 3722 after placing your Order. This includes, without limitation:

a)      Restricted access or parking for our delivery vehicle;

b)      Restricted or limited access to the premises; or

c)       For Large, Bulky and Fragile goods, if someone will not be available to assist the delivery driver to unload the goods.

General

If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make a delivery or for any other reason delivery cannot take place, a calling card will be left. You may arrange another delivery date by you following the instructions stated on the calling card.

7.3   Where you fail to follow the instructions on the calling card left for you within 10 working days of a failed delivery, you must call our Customer Service Centre on (02) 8076 3722 for further information about claiming your Order. If goods are required to be redelivered, you may be required to pay additional Delivery Fees.

7.4   It is important that you inspect and test the goods and ensure the goods delivered match your Order. You must let us know about any damaged, missing and incorrect goods as soon as possible by contacting our Customer Services Centre on (02) 9569 555 or email us at  petersham@cassbrothers.com.au. You can otherwise return goods as per clause 6. Any goods replaced under the Returns Policy due to being faulty, damaged will be delivered to you free of charge.

7.5   By contacting the Customer Service Centre, orders that have not yet been dispatched may be able to be modified so you can instead collect the goods from selected Click & Collect pickup location.

7.6   Some large, bulky and fragile goods may require more than one person to handle, it is your responsibility to provide the additional person at the delivery address.

  

8.       Click & Collect

Collection of click & collect orders is only available from Cass Brothers Petersham.

600 Parramatta Road

(Cnr. Palace St)

Petersham                                                         

NSW 2049

8.1   Cass Brothers Customer Service Centre will contact you via email or SMS when your Order is ready for collection.

8.2   Click & Collect Orders must be collected within 10 business days from the date you are notified by email that your Order is ready for collection. If your Order is not collected within this time, Cass Brothers may allocate those goods to another customer and refund any amount paid to you as per clause 6. An administration fee will apply if you fail to collect your goods within the required time frame.

8.3   When collecting your goods at the Click & Collect store, you must supply a copy of your ‘Order Confirmation’ email (printed or on your smart phone or mobile device) and photo identification.

8.4   If you are not personally available to collect the goods, you may appoint a representative. The name of the representative must be included on your Order form. The representative must supply a copy of your Order confirmation email (printed or on their smart phone or mobile device) and photo identification at the time of collection. The representative must be over 16 years of age (or 18 years if collecting Restricted goods), and you agree that Cass Brothers will be entitled to rely on the representative's instructions as if they were your own.

8.5   If you are unable to collect the goods from Cass Brothers, you may elect to have the goods delivered. A Delivery Fee may apply.

8.6   Cass Brothers reserves the right to change or discontinue the Click & Collect service at any time.

 

9.       Supplier Direct

Some goods are supplied to you direct from our suppliers. Different terms may apply to the delivery of those goods as set out in this clause.

Supplier Direct goods are delivered separately to any other goods in an Order, and may incur an additional Delivery Fee.

 

10.   Order Cancellations/Changes

Existing orders can only be cancelled or modified by contacting Cass Brothers Customer Service Centre on (02) 8076 3722. You should carefully read and check that your order is accurate before you submit it to us. If the goods have been despatched by Cass Brothers supplier/s then fees may apply as per clause 6.

 

11.   Title

Title of the products will pass to you upon the later of delivery or payment being received by us. Should for any reason your payment be declined we reserve the right to reclaim the products from your possession, control regardless of whether they have been delivered to you or removed from the delivery address. Risk of loss, damage or wear and tear will be passed to you upon dispatch of your order.

We reserve the right to resell the goods that have been repossessed from you.

 

12.   Promotions and discounts

You may receive offers and promotions, whether mailed to your home, distributed in a Cass Brothers store or emailed to you, which may include a promotional or coupon code (Code) for use when shopping on Cass Brothers website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order.

The goods prices and promotions stated on the website may not correspond to those in Cass Brothers stores.

Certain offers may constitute different terms and conditions stated from these terms. It is your responsibility to read through carefully and should you have any question you can contact our Customer Service Centre on (02) 8076 3722.

 

13.   Website  terms

When using our website (www.cassbrothers.com.au) you agree that:

  1. Your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current.
    1. Cass Brothers makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.
    2. Neither Cass Brothers, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

This website is copyrighted and owned by Cass Brothers ABN 99 023 767 796, or in the case of some material, a third party.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

Viruses

Cass Brothers cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Cass Brothers entirely of all responsibility for any consequences of its use.

Third Party Sites

Cass Brothers website may contain links to third party sites. Cass Brothers is not responsible for the condition or content of those sites as they are not under Cass Brothers’ control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Cass Brothers of the sites or the products or services provided on the site.

Cass Brothers is not responsible for the privacy practices of sites that are linked to Cass Brothers website via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.

Applicable Law

This site is created and controlled by Cass Brothers. Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

This site may be accessed throughout Australia and overseas. Cass Brothers makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

 

14.   Privacy

Cass Brothers ABN 99 023 767 796 is committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs) in the Privacy Act (Cth) 1988 and, the Spam Act (Cth) 2003.

This Privacy Policy is available on the Cass Brothers website at www.cassbrothers.com.au, or you can request a copy by contacting our Customer Service Centre (02) 8076 3722.

 

15.   Termination

Cass Brothers reserves the right to, at its discretion, terminate the agreement for the supply of goods to you in store and via Cass Brothers website.