Terms and Conditions
Please read these Terms and Conditions ("Terms") carefully. By visiting, browsing, or purchasing from www.calacase.com (the "Site"), you agree to be bound by these Terms. "We," "us," and "our" refer to CALACASE, a business located in Wyoming, USA. "You" means any person who visits or buys from the Site. If you do not agree, do not use the Site.
1. Who May Order
Anyone, of any age, may browse the Site and place an order. There is no eligibility requirement to shop with us.
2. Products and Compatibility
We sell phone cases and related accessories. Colors, finishes, and designs may appear differently on your screen than in person. It is your responsibility to confirm that a case is compatible with your exact phone model before ordering. We are not responsible for orders placed for the wrong model.
Protection disclaimer. Phone cases reduce, but do not eliminate, the risk of damage. We do not guarantee that any case will prevent damage to your device from drops, impacts, water, heat, pressure, or any other cause. Cases are not intended to make a device waterproof or shockproof unless a product page expressly says otherwise, and even then, protection is limited to the stated conditions.
3. Orders and Acceptance
Placing an order is an offer to buy. We may accept or decline any order, or cancel an order, for any reason, including pricing errors, stock issues, suspected fraud, or incomplete information. If we cancel a paid order, we will refund the amount charged.
4. Pricing and Payment
Prices are listed in USD and may change without notice. Prices do not include shipping, duties, or taxes unless stated. Payment is processed by third-party payment providers. We do not store your full payment card details. You represent that you are authorized to use the payment method you provide.
5. Shipping and Delivery
Shipping times are estimates, not guarantees. We are not responsible for delays caused by carriers, customs, weather, or other events outside our control. Risk of loss passes to you upon delivery to the carrier, except where applicable law provides otherwise. You are responsible for providing a correct shipping address. International customers are responsible for any customs duties, import taxes, and fees.
6. Returns, Exchanges, and Refunds
Refunds, returns, and exchanges are handled case by case, at CALACASE's sole discretion. We may change our refund and return policy at any time, and each request is reviewed individually. By placing an order, you acknowledge and accept that a refund, return, or exchange is not guaranteed and that this policy is subject to change. Custom or personalized items are generally final sale. Any approved refund is issued to the original payment method.
If an item arrives damaged or defective, email us at support@calacase.com as soon as possible with photos. We will review your request and decide on a remedy, which may be a repair, replacement, refund, or other resolution, case by case. Nothing in this section limits any rights you have under applicable law.
7. Intellectual Property
All content on the Site, including text, graphics, logos, product designs, images, and software, is owned by or licensed to us and is protected by copyright, trademark, and other laws. You may not copy, reproduce, modify, distribute, or use any content for commercial purposes without our written permission.
Custom orders. If you submit artwork, photos, or text for a custom case, you represent that you own or have the right to use them. You grant us a limited license to reproduce them solely to fulfill your order. You agree to indemnify us for any claim that your submission infringes another party's rights. We may refuse any submission that we believe is unlawful, infringing, or offensive.
8. Prohibited Conduct
You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to the Site or its systems; introduce viruses or harmful code; use bots, scrapers, or automated tools without permission; submit false or fraudulent orders or chargebacks; or interfere with other users' use of the Site.
9. Third-Party Services and Links
The Site is hosted on Shopify and uses third-party services such as payment processors and shipping carriers. We do not control and are not responsible for third-party sites, services, or content, including their privacy practices. Your use of them is at your own risk and subject to their terms.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing in these Terms limits any warranty or right that cannot legally be limited.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALACASE, AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR USE, OR DAMAGE TO ANY PHONE OR OTHER DEVICE, ARISING OUT OF OR RELATED TO THE SITE OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR YOUR PURCHASE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT GIVING RISE TO THE CLAIM.
These limitations do not apply to liability that cannot be excluded or limited by law, such as liability for fraud, gross negligence, willful misconduct, or, where applicable, death or personal injury caused by negligence.
12. Indemnification
You agree to defend, indemnify, and hold harmless CALACASE and its owners, officers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site or products, or your violation of any law or third-party right.
13. Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules.
14. Dispute Resolution and Binding Arbitration
Please read this section carefully. It affects your legal rights.
Informal resolution first. Before filing any claim, you agree to contact us at support@calacase.com and give us 30 days to try to resolve the dispute informally. Your notice must include your name, order number, a description of the problem, and the relief you seek.
Binding arbitration. If we cannot resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your purchase will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. The arbitrator's decision may be entered as a judgment in any court of competent jurisdiction. Arbitration may be conducted by video or phone, or in Wyoming, at the claimant's choice, to keep costs reasonable.
Class action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class proceeding.
Opt-out. You may opt out of arbitration by emailing support@calacase.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out." If you opt out, disputes will be resolved in the state or federal courts located in Wyoming, and you consent to jurisdiction there.
Time limit. To the extent permitted by law, any claim must be filed within one (1) year after it arose, or it is permanently barred.
Severability of this section. If the class action waiver is found unenforceable as to any claim, that claim will proceed in court rather than arbitration, and the remainder of this section will still apply.
15. Force Majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, pandemics, labor disputes, supply-chain disruptions, carrier delays, power or internet failures, or government actions.
16. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms.
17. Changes to These Terms
We may update these Terms at any time by posting a revised version on the Site with a new "Last updated" date. Changes apply to orders placed after posting. Your continued use of the Site means you accept the revised Terms.
18. General Provisions
Entire agreement. These Terms, together with our Privacy Policy and any policies posted on the Site, are the entire agreement between you and us.
Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms without our consent. We may assign them freely.
Survival. Sections on intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution survive termination.
19. Contact Us
Questions about these Terms? Contact us at:
CALACASE
support@calacase.com
Thank you for shopping with CALACASE.
