This website is owned, managed and operated by Upstairs Yellow in conjunction with Case Australia. The website is made available to you for your use on the condition that you agree to the Terms and Conditions of Use ('Terms'). References to 'us' mean Upstairs Yellow managing on the behalf of Case Australia. References to 'you' mean you, the user of the website. By using the website you are deemed to have accepted the Terms. The terms constitute the entire agreement between us and you concerning the website.



Copyright in Website Material

All of the material on and in relation to the website is and remains the property of Upstairs Yellow at all times, or in the case of some material, Case Australia. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Upstairs Yellow Copyright and other propriety rights. You may copy and email our webpage URL's to your colleagues family and friends for private non commercial usage.



Intellectual Property

Upstairs Yellow under the instruction of Case Australia is the owner or authorised user of all intellectual property in and associated with this website. Upstairs Yellow under the instruction of Case Australia is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.


You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.


Usernames and Passwords

If Upstairs Yellow provides you with a username and password access to this website, then you must keep your username and password confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).



Online Shopping

Once registered you will be entitled to shop online and purchase products securely with your valid credit card or approved trading account. By submitting an order you represent and warrant that you are authorised to use the designated card or method or payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method of payment) cannot be verified, is invalid or is not otherwise acceptable, your order may be suspended or cancelled automatically. Trading accounts that have payments outstanding from the agreed terms will also reserve Upstairs Yellow the right to suspend or cancel any new or pending orders through the website.



Product Disclaimers

Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary slightly from what is displayed on your computer monitor and may vary from monitor to monitor.


Although listed on the website, some items, sizes, colours and styles might not be immediately available or temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.



Delivery

Please refer to the Delivery Details specified within the Customer Care area of the website for delivery times to locations around Australia. All orders received before 1.00pm will be sent out on the day the order is received.



Prices

All references to $ and dollars on the website are to Australian currency. All prices listed were current at the time of publication on the website and are inclusive of GST.



Freight

Freight charges will be advised at the time of ordering and are payable in addition to the product price. The only method of delivery of goods available for products purchased on this website is via Toll IPEC road freight service.


Toll IPEC will not deliver the goods if the delivery address supplied by you is not attended at the time of delivery. Toll IPEC will require a signature from the occupant at the specified delivery address. Therefore we recommend that work addresses only be nominated for goods purchased on this website. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying and additional charge for re-delivery. Freight includes insurance and packaging.



Disclaimer

This website is provided to you by Case Australia under the management and operation of Upstairs Yellow "as is". To the fullest extent permitted by law, Upstairs Yellow excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:


  • Merchantability and fitness of purpose;
  • The website meeting your particular interests and requirements;
  • The material on the website being accurate, complete or reliable;
  • The website and the server being available and free of defects;
  • The website and the server being free of technical problems or viruses; and
  • The confidentiality of information transmitted to or from the website.


You are entitled to statutory consumer guarantees under the Australian Consumer law. Upstairs Yellow do not exclude or limit those consumer guarantees.



Limitation of Liability

To the fullest extent permitted by law Upstairs Yellow excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from;


  • Your use or misuse of the website or any material on the website;
  • Your inability to access or use the website or any material on the website;
  • The loss or modification of information or material transmitted to or from the website;
  • The loss of confidentiality in any information or material transmitted to or from the website;
  • Any defect, technical problem or virus attached to or arising from the website or the server;
  • The use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
  • Any injury or illness you or any other person sustains as a result of the use of the website; and
  • The products on display on the website being unavailable at anytime.


If Upstairs Yellow breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Upstairs Yellow for a breach of the applicable term, condition or warranty is limited to, at the election of Upstairs Yellow,


  1. The resupply of the relevant product, advice, service, recommendation or information; or
  2. The payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.


You are entitled to statutory consumer guarantees under the Australia Consumer law. Upstairs Yellow does not exclude or limit those consumer guarantees.



Privacy

All information collected and stored by Upstairs Yellow as a result of your use of this site is used by Upstairs Yellow only for the purposes of facilitating the supply of products and services to you, the customer and servicing Case Australia's and Upstairs Yellow's relationship with you. Other than for direct marketing purposes, it is not disclosed to any other party, except where you the customer have authorised disclosure to a third party e-commerce facilitator.



Changes to Website and Your Access

Without prior notice to you and in its absolute discretion, Upstairs Yellow in conjunction with Case Australia reserves the right to;


  • Vary or discontinue the website or any page of the website at any time; and
  • Suspend or terminate your access to part or all of the website at any time,


And neither Case Australia nor Upstairs Yellow is liable to you for loss, damage, cost or expense you may suffer if either we exercise any of these rights.



Changes to Terms

Upstairs Yellow in conjunction with Case Australia reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of the changes to the Terms.



Severance of Clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.