Terms of Service

Last updated: August 18, 2026

Overview

This website is operated by FoldifyCase, a trading name of THEFOLDIFYCASE (ABN 83 246 549 240), 199 Pioneer Rd, Waurn Ponds VIC 3216, Australia. Throughout the site, the terms "we", "us" and "our" refer to FoldifyCase. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Changes do not apply retrospectively to orders we have already accepted.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

These Terms are written in English, and English is the language of the contract between us. Where we provide a translation, the English version prevails in the event of any inconsistency, except where the law of your country requires otherwise.

Which Terms Apply to You

Sections 1 to 20 apply to everyone. If you are a consumer, the region-specific section for where you live also applies, and it prevails over anything else in these Terms wherever the two differ:

• Section 21 — United States
• Section 22 — Canada, including additional terms for Quebec
• Section 23 — European Economic Area, including Germany and Spain
• Section 24 — United Kingdom
• Section 25 — Australia

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that applies to you under the consumer protection law of your country of residence and that cannot lawfully be excluded, restricted or modified.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A material breach or violation of any of the Terms may result in termination of your access to the Service, in accordance with Section 18.

Section 2 — General Conditions

We reserve the right to refuse Service to anyone, provided we do not do so on any ground that is unlawful, including discrimination on the basis of a protected characteristic.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. All content on this site, including text, images, product photography, logos and the FoldifyCase name, is owned by us or our licensors and is protected by intellectual property laws. Nothing in these Terms transfers any intellectual property right to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Accuracy, Completeness and Timeliness of Information

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site, except where the law requires us to do so.

This Section does not limit our responsibility for information we give you about the products themselves, or for any pre-contractual information the law requires us to provide. See Section 16.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change. The price that applies to your order is the price displayed at the time we accept your order under Section 7, and we will not change it afterwards.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). Where we do so, this does not affect any order we have already accepted.

Except as set out in Section 17, we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 — Products

5.1. Product Availability. Our products are available exclusively for purchase online through our website. As we may carry limited quantities or special editions, all products are subject to availability. All purchases are subject to our Refund Policy for returns and refunds.

5.2. Product Display and Accuracy. We make every effort to display the colours, features, and details of our foldable phone cases as accurately as possible. However, we cannot guarantee that the screen on your computer, tablet, or mobile device will render every colour or detail with complete accuracy. Minor variations in colour may occur. This does not affect your right to receive goods that match their description.

5.3. Device Compatibility. Our cases are made for specific phone models. The compatible models are stated on each product page. Please check that the model listed matches your device before ordering. If you receive a case that does not match the model you ordered, that is an incorrect item and your rights under our Refund Policy and applicable consumer law apply.

5.4. Right to Modify and Limit. We reserve the right to:

• Limit or refuse sales to any person, geographic region, or jurisdiction, determined on a case-by-case basis and never on an unlawful ground.
• Limit the quantities of any products we offer.
• Discontinue any product at any time.
• Change product descriptions and pricing for future orders, subject to Section 4.
• Refuse or cancel an order before we have accepted it under Section 7, or in the circumstances set out in Section 7.4.

Any offer for a product made on this site is void where prohibited by law.

5.5. Quality. Your rights if a product is faulty, not as described, or not fit for purpose are set out in Section 16, in our Refund Policy, and in the consumer law of your country. Nothing in these Terms reduces those rights.

Section 6 — Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.

We may limit or cancel quantities purchased per person, per household or per order where we reasonably believe an order has been placed for resale or in breach of these Terms. These restrictions may include orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you using the e-mail and/or billing address/phone number provided at the time the order was made, and we will refund you in full for anything already paid.

Section 7 — Orders and How the Contract Is Formed

7.1. Technical steps. To place an order you select the product and options you want, add them to your cart, and proceed to checkout, where you enter your delivery and payment details. A summary of your order is shown to you before you submit it.

7.2. Correcting input errors. Before you submit your order you can review and change it at any point: you can edit quantities, remove items from your cart, and go back to correct your delivery or payment details. Please check the order summary carefully before clicking the button that places the order.

7.3. When the contract is formed. Your order is an offer to buy from us. We acknowledge your order by sending an order confirmation email, which is not acceptance. The contract between you and us is formed only when we send you a dispatch confirmation email telling you that the goods have been shipped, and it covers only the goods listed in that dispatch confirmation.

7.4. If we cannot accept your order. We may decline an order if the product is unavailable, if we have identified an error in the price or description, if we are unable to obtain authorisation for your payment, if we cannot lawfully ship to your address, or if we reasonably suspect fraud. If we decline your order we will tell you and refund any sum you have paid in full and without undue delay.

7.5. Record of the contract. We do not file the text of the contract separately in a way you can access. Please retain the order confirmation and dispatch confirmation emails we send you, together with these Terms, as your record of the contract. We can send you a copy on request.

Section 8 — Prices, Taxes, Duties and Payment

8.1. Currency and taxes. Prices are shown in the currency selected for your market. Where you are shopping in a market in which we are registered for sales tax, VAT or GST, prices shown include that tax unless stated otherwise at checkout. The tax treatment applicable to your order is itemised at checkout before you pay.

8.2. Duties and import charges. Where an order is shipped across a customs border, import duties or charges may apply. Whether these are included in the price you pay or collected separately on delivery is stated at checkout and in our Shipping Policy. Where they are not included, you are responsible for them.

8.3. Payment. Payment is taken through the payment methods offered at checkout. We do not store your full card details; these are handled by our payment processors.

Section 9 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, to the extent permitted by law and subject to Sections 16 and 17. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website. Such new features and/or Services shall also be subject to these Terms of Service.

Section 10 — Third-Party Links

Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and, subject to Section 17, we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 11 — User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. This does not apply to your personal information, which we handle in accordance with our Privacy Policy, and it does not affect any moral rights you have that cannot be waived under the law of your country.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Product reviews published on our site are collected from verified purchasers through our reviews provider. We do not alter or suppress reviews on the basis of the rating given.

Section 12 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 13 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.

Where a pricing or description error affects an order you have already placed, we will contact you before dispatch and give you the choice of continuing at the correct price or cancelling for a full refund. We will not cancel an order after we have accepted it under Section 7 merely because the price has since changed.

Section 14 — Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 — Availability of the Service

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable. We may remove the Service for periods of maintenance or suspend it where we reasonably need to. Where we expect an interruption to be significant and it is within our control, we will give you notice where we reasonably can. This Section applies to the website itself; it does not apply to the goods you buy from us, which are covered by Section 16.

Section 16 — Your Consumer Rights and Our Warranties

16.1. Your legal rights come first. If you are a consumer, you have legal rights in relation to goods that are faulty, not as described, or not fit for purpose. Nothing in these Terms of Service excludes, restricts or modifies those rights, and any part of these Terms that purports to do so does not apply to you. The region-specific sections at Sections 21 to 25 describe those rights in more detail for your country. Advice about your legal rights is available from your local consumer advice service.

16.2. Our own commitments. In addition to your legal rights, we offer the returns and refunds described in our Refund Policy. These are voluntary commitments given in addition to, and not in substitution for, your legal rights.

16.3. Where the goods are not covered. Our commitments do not cover damage caused by misuse, drops after receipt, improper installation, or normal wear and tear. This does not affect your legal rights in respect of a fault that was present when the goods were delivered.

16.4. Business customers. If you are not a consumer — that is, if you are buying wholly or mainly for use in the course of a business — then to the fullest extent permitted by law all implied warranties and conditions, including those of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, are excluded, and the Service and all products delivered through it are provided "as is" and "as available". This Section 16.4 applies to business customers only and has no application to consumers.

Section 17 — Limitation of Liability

17.1. What we never exclude. Nothing in these Terms of Service limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any liability under applicable product liability legislation; any breach of the mandatory consumer guarantees or statutory rights described in Sections 16 and 21 to 25; or any other liability that cannot lawfully be limited or excluded.

17.2. Consumers. Subject to Section 17.1, if you are a consumer we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if at the time the contract was made both we and you knew it might happen.

17.3. Business customers. Subject to Section 17.1, if you are not a consumer, in no case shall FoldifyCase, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service; and our total liability to you in connection with an order shall not exceed the amount you paid for that order.

Section 18 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If you materially fail to comply with any term or provision of these Terms of Service, we may terminate this agreement and deny you access to our Services. Where the failure is capable of being remedied, we will give you notice and a reasonable opportunity to remedy it first, unless the breach is one that makes that inappropriate, such as fraud or unlawful use. You will remain liable for all amounts due up to and including the date of termination. Termination does not affect any order we have already accepted or your rights in respect of goods already delivered.

Section 19 — Indemnification

If you are not a consumer, you agree to indemnify, defend and hold harmless FoldifyCase and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

If you are a consumer, this Section does not apply to you. You remain liable for loss we suffer as a result of your breach of these Terms only to the extent provided by the general law.

Section 20 — General

20.1. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

20.2. Entire agreement. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Service. Nothing in this Section limits our liability for fraudulent misrepresentation, or your rights in respect of anything we have told you about the goods before you ordered.

20.3. Force majeure. We are not responsible for delays or failures in performance caused by events outside our reasonable control. If such an event occurs we will contact you as soon as reasonably possible and the time for performance will be extended. If the delay is substantial you may contact us to cancel the affected order and receive a refund for goods not delivered.

20.4. Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations to another organisation, and we will tell you in writing if this happens; if you are a consumer and you are unhappy with the transfer you may contact us to end the contract within 30 days and we will refund you for any goods not provided.

20.5. Third-party rights. This contract is between you and us. No other person has any right to enforce any of its terms.

20.6. Notices. Notices to us should be sent to info@foldifycase.com or to the postal address in Section 26. We will send notices to you at the email address you gave when ordering.

20.7. Governing law and where you may bring proceedings. These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. However, if you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer protection rules of the country in which you are habitually resident, and you may bring proceedings in the courts of your own country. The region-specific sections below set out how this works where you live.

Section 21 — Additional Terms for Consumers in the United States

This Section applies if you are a consumer resident in the United States.

21.1. Your state law rights. Nothing in these Terms limits any right or remedy available to you under the consumer protection statutes of your state, including any implied warranty that your state's law does not permit to be disclaimed. Where your state does not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages, the exclusions and limitations in Sections 16.4 and 17.3 do not apply to you and our liability is limited only to the maximum extent your state's law permits.

21.2. Proceedings. Notwithstanding Section 20.7, you may bring proceedings in the courts of the state in which you reside.

21.3. California residents. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21.4. Returns. Our 30-day return window for defective, damaged or incorrect items is set out in our Refund Policy.

Section 22 — Additional Terms for Consumers in Canada

This Section applies if you are a consumer resident in Canada.

22.1. Provincial consumer protection law. Your rights under the consumer protection legislation of your province or territory apply in addition to these Terms and are not limited by them. This includes any statutory warranty that goods be of merchantable quality, durable for a reasonable period, and fit for the purpose for which they are ordinarily used.

22.2. Proceedings. Notwithstanding Section 20.7, you may bring proceedings in the courts of the province or territory in which you reside, and the mandatory rules of that province or territory apply to you.

22.3. Chargebacks and card-issuer cancellation. Where the consumer protection legislation of your province gives you a right to require your credit card issuer to reverse a charge in defined circumstances, nothing in these Terms affects that right.

Additional Terms for Consumers in Quebec

22.4. Consumer Protection Act. If you reside in Quebec, the Consumer Protection Act (CQLR c. P-40.1) applies to your purchase. Any clause of these Terms that would exclude or limit the application of that Act, that would require you to submit to the law or jurisdiction of a place outside Quebec, or that would limit our liability in a way the Act prohibits, is without effect against you. Section 20.7 is therefore read as follows for Quebec consumers: these Terms are governed by the laws in force in Quebec, and you may bring proceedings before the courts of Quebec.

22.5. Distance contract. Your purchase is a distance contract under the Act. Before you place your order we make available to you our name and address, a detailed description of the goods, an itemised statement of the price, shipping charges and any other applicable charges, the total amount payable, the currency, the delivery arrangements, and our cancellation and refund policy. If we fail to deliver within thirty days of the date stated, or if we have not met the disclosure obligations the Act imposes, you may cancel the contract in accordance with the Act, and we will refund all sums paid within fifteen days of cancellation.

22.6. Legal warranty. The goods we sell are covered by the legal warranty under the Act: they must be fit for the purpose for which goods of that kind are ordinarily used and must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of use. This warranty applies regardless of any commercial guarantee we offer and cannot be excluded.

22.7. Language. The parties confirm that it is their express wish that these Terms and all related documents be drawn up in English. Les parties confirment leur volonté expresse que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. A French version of these Terms is available on request at info@foldifycase.com and will be provided to you before you are bound by the English version if you so request.

Section 23 — Additional Terms for Consumers in the European Economic Area, Including Germany and Spain

This Section applies if you are a consumer resident in the European Economic Area.

23.1. Your mandatory rights. Notwithstanding Section 20.7, you retain the protection of the mandatory provisions of the law of the country in which you are habitually resident, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I). You may bring proceedings against us in the courts of your country of residence.

23.2. Legal guarantee of conformity. Under Directive (EU) 2019/771, as implemented in your country, we are liable to you for any lack of conformity of the goods that exists at the time of delivery and becomes apparent within two years of delivery — three years if you are resident in Spain, see Section 23.8.1. In Germany this is the gesetzliche Gewährleistung under §§ 434 ff. BGB. Where the goods are not in conformity you are entitled, in the order and on the conditions set by that law, to have the goods brought into conformity by repair or replacement, to a proportionate reduction in price, or to terminate the contract. This liability cannot be excluded or limited, and Sections 16.4 and 17.3 do not apply to you. Our voluntary Refund Policy is offered in addition to, and does not replace, this legal guarantee.

23.3. Right of withdrawal. You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day on which you, or a third party other than the carrier indicated by you, acquires physical possession of the goods; where your order is delivered in more than one consignment, from the day you acquire possession of the last consignment. We voluntarily extend this period to 30 days.

To exercise the right of withdrawal you must inform us of your decision by an unequivocal statement — by email to info@foldifycase.com, or by post to THEFOLDIFYCASE, 199 Pioneer Rd, Waurn Ponds VIC 3216, Australia. You may use the model withdrawal form at Section 27, but it is not obligatory. To meet the withdrawal deadline it is sufficient for you to send your communication before the withdrawal period has expired.

23.4. Effects of withdrawal. If you withdraw, we will reimburse all payments received from you, including the costs of standard delivery, without undue delay and not later than 14 days from the day we are informed of your decision. We will use the same means of payment as you used for the initial transaction unless you expressly agree otherwise, and you will not incur any fees as a result. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them, whichever is earliest. We provide a prepaid return label, so you will not bear the cost of returning the goods. You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

23.5. Liability. Notwithstanding Section 17, our liability towards you is governed by the mandatory law of your country of residence. In Germany, we are liable without limitation for damages arising from injury to life, body or health, for intent and gross negligence, under the Product Liability Act (Produkthaftungsgesetz), and for the breach of essential contractual obligations (Kardinalpflichten), in the latter case limited to the foreseeable damage typical for this type of contract.

23.6. Prices and VAT. Prices displayed for your market include VAT at the applicable rate where we are registered to collect it. The VAT treatment for your order is itemised at checkout.

23.7. Consumer dispute resolution. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). This does not affect your right to bring proceedings before the courts of your country of residence, or to contact your national consumer advice centre.

23.8. Additional terms for consumers in Spain. If you are resident in Spain, the following applies in addition to the rest of this Section 23, and prevails over it wherever the two differ. Your purchase is governed by the consolidated text of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007, TRLGDCU) and by Law 34/2002 on information society services and electronic commerce (LSSI-CE).

23.8.1. Legal guarantee — three years, not two. Notwithstanding Section 23.2, Article 120 TRLGDCU, as amended with effect from 1 January 2022, makes us liable for any lack of conformity that becomes apparent within three years of delivery. For the first two years the lack of conformity is presumed to have existed at delivery and it is for us to prove otherwise (Article 121). Your right to bring a claim expires five years after the lack of conformity became apparent (Article 124). This liability cannot be excluded or limited, and Sections 16.4 and 17.3 do not apply to you.

23.8.2. Right of withdrawal. Article 102 TRLGDCU gives you 14 calendar days from receipt of the goods to withdraw without giving any reason and without penalty. We voluntarily extend this to 30 days. Goods made to your specifications or clearly personalised are excluded under Article 103. The practical steps, refund timing and return costs are as set out in Sections 23.3 and 23.4 and in our Refund Policy.

23.8.3. Unfair terms and where you may sue. Any clause of these Terms that is abusive within the meaning of Articles 82 to 90 TRLGDCU is void and does not bind you. In particular, and notwithstanding Section 20.7, a clause requiring you to submit to a court other than that of your own domicile is void under Article 90.2 TRLGDCU: you may bring proceedings before the courts of your place of residence in Spain, and the mandatory protections of Spanish consumer law apply to you.

23.8.4. Commercial guarantee. Our voluntary 12-month warranty is a garantía comercial within the meaning of Article 125 TRLGDCU. It is given in addition to your legal rights and does not restrict them — in particular it does not replace or shorten the three-year legal guarantee in Section 23.8.1.

23.8.5. Order confirmation. In accordance with Article 28 LSSI-CE, we confirm receipt of your order by email without undue delay. Section 7 explains the technical steps and when the contract is formed.

23.8.6. Complaints. Please contact us first at info@foldifycase.com. If we cannot resolve matters, you may contact the consumer authority of your autonomous community or your municipal consumer information office (OMIC), or — for a cross-border purchase — the Centro Europeo del Consumidor en España at cec.consumo.gob.es. We are not adhered to the Spanish consumer arbitration system (Sistema Arbitral de Consumo). This does not affect your right to bring proceedings before the courts of your place of residence.

Section 24 — Additional Terms for Consumers in the United Kingdom

This Section applies if you are a consumer resident in the United Kingdom.

24.1. Your mandatory rights. Notwithstanding Section 20.7, you retain the protection of the mandatory consumer protection rules of the United Kingdom, and you may bring proceedings in the courts of England and Wales, Scotland or Northern Ireland as applicable to where you live.

24.2. Consumer Rights Act 2015. Under the Consumer Rights Act 2015, goods we supply must be of satisfactory quality, fit for purpose and as described. These rights cannot be excluded, and Sections 16.4 and 17.3 do not apply to you. In summary, and without limiting your rights: up to 30 days after delivery you have the short-term right to reject faulty goods and obtain a full refund; after that and up to six months you are entitled to a repair or replacement, and to a refund if that fails; and after six months you may still be entitled to a repair, replacement or price reduction.

24.3. Right to cancel. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel within 14 days of receiving the goods, without giving a reason. We voluntarily extend this period to 30 days. To cancel, contact us at info@foldifycase.com; you may use the model form at Section 27 but are not required to. We will refund all payments received, including standard delivery costs, within 14 days of receiving the goods back or of your evidence of return, whichever is earlier. We provide a prepaid return label, so you will not bear return shipping costs.

24.4. Liability. Nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud, or for breach of the terms implied by sections 9 to 11 and 57 of the Consumer Rights Act 2015.

Section 25 — Additional Terms for Consumers in Australia

This Section applies if you are a consumer within the meaning of the Australian Consumer Law.

25.1. Consumer guarantees. 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 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.

25.2. Effect on these Terms. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Sections 16.4 and 17.3 do not apply to you. To the extent that we are permitted to limit our liability for a failure to comply with a consumer guarantee that does not relate to goods of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so.

25.3. Our returns policy. The returns and refunds we offer under our Refund Policy are in addition to, and do not limit, your rights under the Australian Consumer Law.

Section 26 — Changes to Terms of Service and Contact Information

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Changes apply to orders placed after the change is posted and do not apply retrospectively to orders we have already accepted.

Questions about the Terms of Service should be sent to us at info@foldifycase.com. Our contact information is:

Tradename: THEFOLDIFYCASE

ABN: 83 246 549 240

Address: 199 Pioneer Rd, Waurn Ponds VIC 3216, Australia

US Phone number: +1 (954) 363-9530

UK Phone number: +44 (748) 138 9633

Email: info@foldifycase.com

Section 27 — Model Withdrawal / Cancellation Form

Complete and return this form only if you wish to withdraw from the contract. This form is provided for consumers in the European Economic Area and the United Kingdom; you are not obliged to use it.

To: THEFOLDIFYCASE, 199 Pioneer Rd, Waurn Ponds VIC 3216, Australia — info@foldifycase.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Order number:

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.