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About These Terms And Conditions

In these Terms and Conditions "we" and "us" mean Ultimate Fone Covers and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between Ultimate Fone Covers and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australia Sales Only
We only sell and ship Products within Australia. At present, we will not make deliveries outside of Australia. All prices displayed on this website are in Australian dollars.
Colours

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst Ultimate Fone Covers makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, special offers, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Indemnification

You must indemnify and hold Ultimate Fone Covers and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Ultimate Fone Covers under this Section, Ultimate Fone Covers will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Ultimate Fone Covers.

Limitation of Liability

In no event shall Ultimate Fone Covers or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Legal Capacity To Transact

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Ultimate Fone Covers. Should Ultimate Fone Covers suffer any damage or other losses as a result of a transaction entered into by a minor, Ultimate Fone Covers reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Ultimate Fone Covers.

Placing Your Order

You may place an Order by adding items to ‘My Cart’ on Ultimate Fone Covers Web Site and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Ultimate Fone Covers website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Ultimate Fone Covers will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Ultimate Fone Covers and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods And Processing

Transactions are processed via an industry standard secure https connection using PayPal as a third party payment gateway. This means that you can be assured that your sensitive data such as credit card numbers will remain confidential because all information is encrypted.  Our policies in relation to collecting and storing sensitive information are compliant with current online retail practices.

GST
All Ultimate Fone Covers purchases include GST unless otherwise stated on the Product listing.

Ultimate Fone Covers Vouchers

Each 'Ultimate Fone Covers Voucher' is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'Ultimate Fone Covers Voucher' has an expiry date that cannot be modified.
The use of a 'Ultimate Fone Covers Voucher' requires the total value of the order (excluding delivery costs) to be higher than the monetary value of the discount given by the 'Ultimate Fone Covers Voucher'. Some discount 'Ultimate Fone Covers Voucher's may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
Under no circumstances can the value of a discount 'Ultimate Fone Covers Voucher' be deducted from an order if that 'Ultimate Fone Covers Voucher' is defective or out of date: no replacement 'Ultimate Fone Covers Voucher's will be issued.
When an order is placed using a discount 'Ultimate Fone Covers Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.

We reserve the right to modify or amend at any time these guidelines and the methods through which benifits are earned. We reserve the right to disqualify you at any time from participation in our Ultimate Fone Covers Refereal Program and remove any existing Ultimate Fone Covers Vouchers from your account.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.

Delivery Of Your Products

Delivery of your purchase is by Australia Post. You will be provided with a delivery number where you will be able to track your order. Ultimate Fone Covers makes every effort to deliver your Product via Australia Post. If your Product has not arrived within 14 days, please contact us. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post) will leave a card so you can pick-up your Product from your local Post Office. We will use our reasonable efforts to deliver your Products to you within the 7-14 days; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.

Your Rights To Return A Product

Only credits are offered if you have changed your mind about the product, made an incorrect choice, not completely satisfied with the quality of our products or failed to verify and accurately provide information when placing an Order.

Refund Policy

You may be entitled to a credit, provided you return the item to us within 14 days of your order being dispatched. The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it.  If the returned item is in a noticeably used condition, then a credit may not be offered. Return postage is at your expense. We will issue you a Credit Voucher to the value of the item, once the item is returned. Once we have received your returned item or the refund has been approved according to your issue, we will then send you either notification of receipt of your item and/or an email issuing you a credit Refund. The type of Refund will be based on previous discussions, as to the type of problem. You will either receive a Refund into your nominated bank account or a credit of the purchase price will be added to ‘My Ultimate Fone Covers Vouchers’ in ‘My Account’ on the Ultimate Fone Covers webiste , which you can then use on a future purchase/s. If you have not received your Refund, after your approval notification, within 2 working days, please contact us via our contact us page and you will certainly be looked after. Elective exchanges (where you decide you would like to return an item to us) must be advised to our customer service team via our contact us page within 7 days or receipt of goods. You must also notify us within 14 calendar days from the date of your product being dispatched from our warehouse of any damage or faults. After this time period your product’s normal warranty applies. All shipments are fully insured by Ultimate Fone Covers.com.au. If you have received an item that is damaged please contact us via the contact us page and advise us of the nature and extent of the damage. Please also advise us of your name, contact number and order number.

Damaged Items

We will refund any items damaged in transit, at our cost, just as soon as we receive the damaged item back. We apologise for any inconvenience. It would also be very helpful if you were able to include some digital pictures of the damage so we may be able to assess it and process your replacement quicker.

Dead On Arrival Products - "DOA"

An Ultimate Fone Covers Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. An Ultimate Fone Covers Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product. Where Ultimate Fone Covers has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Ultimate Fone Covers. If the Product is deemed by Customer Services NOT to be DOA, Ultimate Fone Covers may in its absolute discretion refuse to offer you a refund for the Product. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. When a refund is given, the returned DOA Product becomes our property. Ultimate Fone Covers reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Ultimate Fone Covers will impose a $100 handling and administration fee.

Product Problems After Delivery

If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 7 days of delivery, Ultimate Fone Covers will refund you the purchase price of the product. Should you contact us outside the 14 day period customer service management will consider each claim on a case by case basis on its merits. Where we agree to refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 21 days from receipt of goods.

Return Authorisation Number

A Return Authorisation Number (RAN) is required for all refunds and credits. Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products cannot be returned without a RAN. The Product should be returned to Ultimate Fone Covers within 14 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging.

Organising the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund. When a Refund is arranged:

• No refund will be given to you until Ultimate Fone Covers has received the DOA Product from you.
• Refunds will be issued by a credit to "Your Account" with Ultimate Fone Covers.

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection

How ULTIMATE FONE COVERS Uses Personal Information Collected Online

We will use your personal information only for the purposes of processing your order and to communicate effectively with you. This communication includes but is not limited to; emailing you tax invoices, dispatch and tracking information, returns and exchange authorisations, etc. As a condition of sale we reserve the right to email you special offer promotions that we believe will be of interest to you. You may, once you have placed your order, advise us that you are not interested in these offers and we will consequently not send these to you. To do this please send this request to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . In any event, you may, at any time, unsubscribe from any special offer promotions we send you, and your unsubscribe request will be actioned immediately. Our research may lead to the publication of aggregate demographical data but will not result in the reporting or publication of any personal information provided to us.

How Your Information May Be Shared

We will never sell or rent your personal information except as described in this privacy policy. Ultimate Fone Covers may release personal information under the following circumstances:

• Where release is required by law (for example, a warrant, court order or subpoena) or regulation or is requested by a government agency;
• Where our records indicate a company or an individual may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of;
• To appropriate persons, where your communication suggests possible harm to others;

Computer Tracking and Cookies

his website is not set up to track, collect or distribute personal information not entered by visitors. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Ultimate Fone Covers. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Ultimate Fone Covers for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Ultimate Fone Covers, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Conditions.

Changes to this Privacy Notice, Conditions of Use and Notices

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here and via a prominent notice on our homepage prior to the changes taking effect.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of ULTIMATE FONE COVERS. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and ULTIMATE FONE COVERS are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Force Majeure

Ultimate Fone Covers shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Ultimate Fone Covers, and Ultimate Fone Covers shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.

www.theufc.com.au
Suites1 & 2
558 High Street Road
MOUNT WAVERLEY   VIC   3149
Phone/ Fax (03) 9802 1433