Calee Purchase Terms
These Purchase Terms (Terms of Sale) apply when you buy a Calee display from My Calee Pty Ltd through calee.com.au. Using the Calee software and services is covered separately by the Calee Terms of Use.
1. The seller
The seller of the Calee display is:
My Calee Pty Ltd
WA 6053, Australia
ABN 25 674 810 916
Email: info@calee.com.au
Support: support@calee.com.au
2. What these Terms cover
These Purchase Terms apply to the sale of the Calee display and the items supplied with it. They apply in addition to:
- the Calee Terms of Use, which govern the Calee software and services;
- the 3-Month Satisfaction Guarantee, which is a separate additional promise; and
- the Privacy Policy, which explains how we handle personal information.
Where a business or organisation buys Calee under a separate written agreement with My Calee Pty Ltd, that agreement applies according to its terms and prevails over these Purchase Terms to the extent that it expressly governs the same subject matter and is inconsistent with them. These Purchase Terms continue to apply to everything that agreement does not cover. Not every organisation has such an agreement, and where there is none these Purchase Terms apply in full.
Rights and remedies that cannot lawfully be excluded, including under the Australian Consumer Law, sit above both and are not displaced by either. See section 10.
3. Price and GST
Prices shown on calee.com.au are in Australian dollars and include GST.
The published price at the time you place your order is the price that applies to that order. Prices may change, and a published launch price may end. A change of price does not affect an order we have already accepted.
Where the price is advertised as “delivered”, standard Australia-wide shipping is included in that price, including standard delivery to regional and remote addresses. Where a price is not advertised as delivered, shipping is shown separately before you pay.
We try to keep pricing accurate. If an obvious pricing or product-description error is discovered before your order is dispatched, we may cancel the order and refund you in full rather than supply at the incorrect price. We will contact you first where we can.
4. Placing an order and order acceptance
The listing of a Calee display on our website is an invitation to buy, not an offer. When you complete the checkout, you are offering to buy the product at the price shown, and you make payment for it through the Square-hosted checkout at that point (see section 5).
We accept your order, and the contract of sale is formed, when we confirm your order after your payment is completed. That confirmation is the order confirmation shown on screen at the end of checkout together with the emailed receipt for your payment. You do not have to wait for dispatch for the contract to exist.
When we may still cancel. After the contract is formed we may cancel your order, in whole or in part, only where:
- the product is unavailable and we cannot supply it within a reasonable time;
- we cannot deliver to the address you have given us;
- we reasonably suspect the order is fraudulent or was not authorised by the cardholder; or
- the order was placed at a price affected by an obvious pricing or product-description error, as described in section 3.
If we cancel for one of those reasons we will tell you, and we will refund in full every amount you have paid for the cancelled items, including any shipping you paid for them. We will contact you before cancelling wherever we reasonably can, so you can decide what you would prefer. Cancelling in these circumstances does not affect any other right or remedy you have, including under the Australian Consumer Law.
5. Payment
Payment for your order is processed when you complete the Square checkout. Square is our payment provider and hosts the checkout: you enter your card details on Square’s own page, and we do not receive or store your full card number. Square issues your receipt and processes any refund we ask it to make. The exact timing of settlement between Square, your bank or card issuer, and us is a matter between those parties and does not affect your order or your rights under these Purchase Terms.
Square’s own terms and privacy policy apply to the payment itself, in addition to these Purchase Terms.
6. Shipping and delivery
We ship within Australia. Orders are usually dispatched within 1–2 business days, and you will receive dispatch details by email.
Dispatch and delivery timeframes are estimates rather than promises of a particular date. Delivery times depend on the carrier and your location, and delivery to regional and remote addresses generally takes longer. This does not displace the consumer guarantee that goods will be supplied within a reasonable time: if delivery is taking materially longer than it reasonably should, contact us and see section 10.
You are responsible for giving a complete and correct delivery address. If a parcel is returned to us because the address was wrong or the delivery could not be completed, we will contact you to arrange redelivery. Where a further shipping charge applies we will tell you the amount before you pay it, and it will not exceed our actual cost of resending the parcel. If you would rather not have it resent, we will refund you for the returned items instead.
7. Changing or cancelling an order
If you need to change or cancel an order, contact us as soon as possible at support@calee.com.au. If your order has not yet been dispatched when we receive your request, we will cancel it and refund you in full, or make the change if we can. We will not charge you a cancellation fee.
Once an order has been dispatched it cannot be cancelled in transit. You may still have rights under section 9 (returns and refunds), section 10 (Australian Consumer Law) or the 3-Month Satisfaction Guarantee.
8. Damaged or faulty products
Please check your Calee display when it arrives. If it arrives damaged, is missing parts, or does not work as it should, contact support@calee.com.au and tell us what has happened. Photos of the product and packaging help us resolve it faster.
Where there is a problem with the product, your remedy is determined by the Australian Consumer Law (see section 10). Depending on whether the failure is major or minor, that may mean a repair, a replacement or a refund. We do not charge you the cost of returning a product that has a fault.
9. Returns and refunds
There are three separate paths, and you may be covered by more than one:
- Faulty or not as described – your Australian Consumer Law rights apply. See sections 8 and 10.
- Calee is not the right fit for your home – the separate 3-Month Satisfaction Guarantee applies. See section 11.
- Order not yet dispatched – see section 7.
Approved refunds are made to the original payment method. Where the payment was made through Square, the refund is processed back through Square, and the time it takes to appear depends on your bank or card issuer.
10. Your Australian Consumer Law rights
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Purchase Terms excludes, restricts or modifies any right, guarantee or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where anything in these Terms is inconsistent with that, the Australian Consumer Law prevails.
11. The 3-Month Satisfaction Guarantee
The 3-Month Satisfaction Guarantee is an additional promise we offer on top of your legal rights. It lets you try Calee at home for up to three months and ask for a refund of your Calee purchase if it is not the right fit and we cannot make it right.
The guarantee has its own conditions, including contacting us first, returning the tablet and accessories in reasonable condition, and paying return postage for a return made under the guarantee. Those conditions apply to the guarantee only. They do not apply to, and do not reduce, your Australian Consumer Law rights – in particular, where a product has a fault we bear the cost of returning it, and you are not charged return postage.
The guarantee is offered in addition to your legal rights and does not replace or restrict them. Your Australian Consumer Law rights are not limited to the three-month guarantee period: they last for whatever period is reasonable in the circumstances, given the nature of the product and what a reasonable consumer would expect, and they may apply after the guarantee period has ended. You may choose to rely on your Australian Consumer Law rights instead of the guarantee at any time.
12. Software and services
Buying a Calee display gives you the hardware and the right to use the Calee software and services on it, subject to the Calee Terms of Use. Calee Home is included with the display and covers your household. Adding or replacing a display for the same household does not create a separate Calee Home plan.
Calee software updates are delivered automatically when the display is connected. Some features depend on an internet connection and on third-party services, which may change over time.
13. Title and risk
Risk in the product passes to you on delivery. Title passes to you when we have received payment in full.
14. Liability
Section 10 comes first: nothing in this section applies to the extent it would exclude, restrict or modify a right, guarantee or remedy that cannot lawfully be excluded, and where there is any inconsistency the Australian Consumer Law prevails.
The Calee display is a product of a kind ordinarily bought for personal, domestic or household use. For those buyers, the Australian Consumer Law does not allow us to limit our liability for a failure to comply with a consumer guarantee to repair, replacement or resupply, and we do not attempt to. Your remedies for such a failure are those the Australian Consumer Law gives you, which may include a replacement, a refund, or compensation for reasonably foreseeable loss or damage.
Where the Australian Consumer Law does permit a limitation – for example where the product is not of a kind ordinarily acquired for personal, domestic or household use – our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing the product, supplying an equivalent product, repairing it, or paying the cost of doing any of those things.
Subject to the paragraphs above, and to the extent permitted by law, we are not liable for indirect, special, incidental or consequential loss, or for loss of data, business, revenue or profits. This exclusion applies only so far as the law allows it to, and it does not limit our liability for fraud, or for death or personal injury caused by our negligence.
15. Governing law
These Purchase Terms are governed by the laws of Western Australia, Australia. Disputes are subject to the non-exclusive jurisdiction of the courts of Western Australia. Nothing in this section takes away a right you have to bring a claim in another place where the law gives you that right.
16. Contact
For questions about an order, delivery, a return or a refund:
My Calee Pty Ltd
Support: support@calee.com.au
General: info@calee.com.au
Website: https://calee.com.au/