Terms of service

CapyCool Terms and Conditions

Last updated: 27 August 2026

These Terms and Conditions ("Terms") govern your use of the CapyCool website and purchases made directly from CapyCool.

CapyCool is operated by Be Capy Pty Ltd (ABN 19 680 319 251, ACN 680 319 251), trading as CapyCool ("CapyCool", "we", "us" or "our").

By accessing our website, creating an account or placing an order with us, you agree to these Terms.

1. Scope of These Terms

These Terms apply to:

  • the CapyCool website at capycool.com.au and other CapyCool-operated storefronts that link to these Terms;

  • products purchased directly from CapyCool;

  • your use of our website and related services; and

  • international orders accepted by CapyCool, subject to Section 28.

Our Refund Policy, Shipping Policy, Privacy Policy and any specific promotional or warranty terms also apply where relevant.

If there is an inconsistency between these Terms and specific terms expressly applying to a particular product, promotion, quotation or transaction, the more specific terms will apply to the extent of the inconsistency.

2. Mandatory Consumer Rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified under applicable law.

For Australian consumers, this includes rights and remedies under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law ("ACL").

Any voluntary warranty, satisfaction guarantee, return policy or other benefit offered by CapyCool operates in addition to any rights that apply automatically under law.

3. Eligibility and Accounts

You must provide accurate and current information when placing an order or creating an account.

You are responsible for keeping your account details and login credentials secure.

You must notify us promptly if you believe your account has been accessed without authorisation.

We may suspend or restrict access to an account where we reasonably believe it is being used:

  • fraudulently;

  • unlawfully;

  • to abuse promotions or payment systems;

  • to interfere with our website or systems; or

  • in material breach of these Terms.

4. Product Information

We take reasonable care to ensure that product descriptions, photographs, specifications, dimensions and other information displayed on our website are accurate.

However:

  • colours may appear differently depending on screens and devices;

  • packaging may change from time to time;

  • dimensions and weights may be subject to reasonable manufacturing tolerances;

  • minor non-material product or packaging changes may occur; and

  • actual product performance may vary depending on use and environmental conditions.

Battery runtime, airflow, charging time, temperature, operating noise and other performance figures may vary depending on factors including:

  • speed or power setting;

  • ambient temperature;

  • battery condition;

  • charging method;

  • product configuration;

  • accessories being used; and

  • operating environment.

Where performance claims are based on particular testing conditions, those conditions may be stated with the relevant product.

5. Product Changes

We may update or improve products from time to time.

We will not knowingly substitute a materially different product for the product ordered without your agreement.

Changes to product specifications, pricing or availability will apply prospectively and will not ordinarily alter an order that has already been accepted.

6. Intended Use

CapyCool products must be used:

  • for their intended purpose;

  • in accordance with supplied instructions and warnings;

  • within specified operating conditions;

  • using compatible power sources and accessories; and

  • with reasonable care.

Cooling products are intended to provide personal airflow or supplementary cooling.

Unless expressly stated otherwise, CapyCool cooling products are not medical devices and should not be used as a substitute for appropriate medical advice, hydration, rest, workplace heat-management procedures, air conditioning where required, or other appropriate heat-safety measures.

7. Rechargeable Batteries and Electrical Products

Some CapyCool products contain rechargeable lithium-ion batteries and electrical components.

Users must follow the charging, storage, operating and safety instructions supplied with the relevant product.

Do not use or continue charging a product or battery that:

  • appears swollen, punctured or materially damaged;

  • produces smoke or an unusual smell;

  • becomes abnormally hot;

  • has suffered significant water ingress where the product is not designed for such exposure; or

  • otherwise appears unsafe.

Do not intentionally:

  • short-circuit;

  • puncture;

  • crush;

  • burn;

  • dismantle;

  • improperly modify; or

  • expose batteries to fire or excessive heat.

Only compatible charging equipment and power sources should be used.

If abnormal battery behaviour occurs, discontinue use and contact CapyCool.

8. Water, Heat and Environmental Exposure

Unless a product is expressly represented as waterproof or water resistant to a particular rating, it should not be submerged in water or exposed to conditions beyond normal intended use.

Products should not be stored or operated outside stated temperature or environmental limits.

Battery-powered products should not be left in locations where they may be exposed to extreme heat beyond their intended storage or operating conditions.

9. Vehicle and Mounted Use

Where a CapyCool product or accessory is used in a car, truck, 4WD, machinery or other vehicle, it must be securely positioned and must not:

  • obstruct the driver's view;

  • interfere with steering or controls;

  • interfere with airbags or other safety systems;

  • create an unreasonable projectile or entanglement risk; or

  • otherwise interfere with safe operation of the vehicle.

Before using a clamp, magnet, adhesive mount or other attachment method, you should ensure that:

  • the mounting surface is suitable;

  • the product is correctly installed;

  • the attachment is secure; and

  • the product remains secure during intended use.

Products should be repositioned or removed if they cannot be used safely in the relevant location.

10. Compatibility

Unless expressly stated otherwise, CapyCool does not guarantee compatibility with third-party products, accessories, vehicles, charging equipment or mounting surfaces.

Customers should check relevant dimensions, specifications and compatibility information before purchase.

Any compatibility advice we provide is based on the information reasonably available to us at the time.

11. Orders

When you submit an order, you make an offer to purchase the products in your cart at the prices and on the terms displayed at checkout.

An automated order confirmation acknowledges that we have received your order.

We may decline or cancel an order before dispatch where reasonably necessary, including where:

  • a product is unavailable;

  • payment is declined, reversed or unable to be verified;

  • fraud or unauthorised payment activity is reasonably suspected;

  • there is an obvious pricing or system error;

  • materially incorrect delivery information has been provided;

  • quantity or promotional restrictions apply;

  • we cannot lawfully supply or ship the product; or

  • fulfilling the order is otherwise not reasonably possible.

If payment has already been received for a cancelled product, the applicable amount will be refunded.

12. Product Availability

All products are subject to availability.

Displaying a product as available does not guarantee that stock will remain available until your order is processed.

Where an item becomes unavailable after you order, we may:

  • offer an alternative;

  • provide an updated availability estimate; or

  • cancel and refund the affected item.

You will not be required to accept a substitute product.

13. Pre-orders and Backorders

Products identified as pre-orders or backorders may have estimated dispatch or availability dates.

Unless expressly described as guaranteed, these dates are estimates.

Supply schedules may be affected by manufacturing, freight, customs, shipping and other circumstances.

If a material delay occurs, we may provide an updated estimate and any options available for the affected order.

14. Pricing

Unless otherwise stated, prices displayed on our Australian website are in Australian dollars and include GST where applicable.

International storefronts may display prices in other currencies.

Shipping charges, taxes and other applicable fees will be disclosed at or before checkout where reasonably practicable.

Prices may change from time to time.

A later price change will not ordinarily alter the price of an order that has already been accepted.

15. Pricing and Website Errors

We take reasonable care to ensure prices and product information are accurate.

If a product is displayed at an obviously incorrect price because of a typographical, technical or system error, we may contact you before dispatch and:

  • offer to proceed at the correct price; or

  • cancel the affected item and provide a refund.

The same principle applies to obvious website errors involving quantities, discounts or promotional calculations.

16. Payment

Payment must be made using a payment method available at checkout.

By providing payment information, you represent that you are authorised to use the relevant payment method.

Payments may be processed by third-party payment providers.

Where you use a third-party payment or buy-now-pay-later service, that provider may also have separate terms that apply to its services.

17. Promotions and Discount Codes

CapyCool may offer:

  • sales;

  • discount codes;

  • promotional pricing;

  • bundles;

  • gifts with purchase;

  • loyalty offers; or

  • other promotions.

Unless otherwise stated:

  • promotions apply only during the advertised period;

  • discount codes have no cash value;

  • promotional eligibility requirements must be satisfied;

  • promotions may apply only to specified products or customers;

  • promotions may be subject to minimum spend or quantity requirements; and

  • promotional stock may be limited.

Specific terms displayed with a promotion form part of that promotion.

We may refuse or cancel use of a promotion where we reasonably identify:

  • fraud;

  • automated abuse;

  • duplicate accounts created to circumvent limits;

  • manipulation of promotional systems; or

  • clear use contrary to expressly stated promotional conditions.

18. Shipping and Delivery

Available shipping methods, charges and estimated delivery timeframes are displayed on our website or at checkout.

Unless expressly stated otherwise, delivery timeframes are estimates.

Delivery may be affected by circumstances including:

  • courier or postal delays;

  • severe weather;

  • natural disasters;

  • transport disruption;

  • customs processing;

  • peak seasonal volumes;

  • industrial action;

  • remote delivery locations; or

  • other circumstances outside our reasonable control.

We may use third-party carriers and fulfilment providers to deliver orders.

19. Delivery Details

You are responsible for providing a complete and accurate delivery address.

If you notice an error after placing your order, contact us as soon as possible.

We may attempt to update delivery information before dispatch but cannot guarantee changes will be possible once fulfilment has commenced.

Additional delivery costs arising from incorrect address information supplied by the customer may be charged where reasonable.

20. Authority to Leave

Where you expressly request or select authority to leave, you authorise the relevant carrier to leave the parcel without obtaining a signature.

You are responsible for selecting an appropriate delivery location when providing authority to leave.

Where the parcel has been delivered in accordance with your authorised delivery instructions, risk in the parcel may pass to you to the maximum extent permitted by applicable law.

21. Title and Risk

Ownership of products passes to you once full payment has been received.

Risk of accidental loss or damage generally passes when the product is delivered:

  • to you;

  • to your nominated recipient; or

  • in accordance with an authorised delivery instruction.

22. Returns and Refunds

Returns are governed by our Refund Policy and applicable law.

CapyCool may separately offer a voluntary change-of-mind or money-back guarantee.

Conditions relating to:

  • original packaging;

  • product condition;

  • return timeframes;

  • return shipping costs;

  • clearance products; and

  • restocking charges,

apply to voluntary change-of-mind returns only where stated in our Refund Policy.

Different rules may apply where a product is faulty, unsafe, incorrectly supplied, materially different from its description or otherwise subject to mandatory consumer rights.

23. Product Assessment

Where a customer reports a product fault, CapyCool may reasonably request:

  • photographs;

  • video;

  • information about the issue;

  • troubleshooting information;

  • the product's serial number or batch information;

  • proof of purchase; or

  • return of the product for inspection.

We may assess the product to determine the nature and likely cause of the issue and the appropriate remedy.

Where return of a product is required, instructions will be provided.

24. Misuse, Damage and Modification

A voluntary CapyCool warranty or change-of-mind policy may not cover problems caused by:

  • accidental damage after delivery;

  • misuse;

  • abnormal use;

  • improper storage;

  • failure to follow material instructions;

  • unauthorised disassembly or modification;

  • use of incompatible equipment;

  • deliberate damage; or

  • ordinary cosmetic wear and tear that does not affect product functionality.

The circumstances of each claim will be considered individually.

25. Voluntary Warranties

Certain products may be supplied with a separate CapyCool warranty.

Where a voluntary warranty applies, its:

  • duration;

  • coverage;

  • exclusions;

  • claim procedure; and

  • remedy

will be set out in the applicable warranty documentation or warranty policy.

Any voluntary warranty operates separately from mandatory consumer rights that may apply.

26. Limitation of Liability

To the maximum extent permitted by applicable law:

26.1 Excluded loss

CapyCool is not liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable as a result of the relevant breach or event.

26.2 Customer-caused or third-party loss

CapyCool is not liable for loss or damage to the extent caused or contributed to by:

  • misuse or abnormal use;

  • failure to follow material product instructions or warnings;

  • improper installation;

  • unauthorised modification or disassembly;

  • use of incompatible accessories, chargers or equipment;

  • unlawful conduct;

  • inaccurate information provided by the customer; or

  • acts or omissions of a third party for whom CapyCool is not legally responsible.

26.3 Liability cap

To the maximum extent permitted by applicable law, CapyCool's aggregate liability arising out of or in connection with an order, whether in contract, tort including negligence, statute or otherwise, is limited to the amount paid for the product or products giving rise to the claim.

26.4 Mandatory rights

The exclusions and limitations in this Section apply only to the extent permitted by law and do not exclude, restrict or modify any right, remedy or liability that cannot lawfully be excluded, restricted or modified.

27. Product Safety and Recalls

If we identify or are notified of a potential product-safety issue, we may take steps including:

  • investigating affected products or batches;

  • contacting affected customers;

  • issuing updated instructions;

  • requesting that customers discontinue use;

  • arranging inspection;

  • providing replacement products;

  • arranging returns; or

  • conducting a product recall.

Customers must follow reasonable safety or recall instructions relating to affected products.

28. International and Global Sales

CapyCool may offer products for delivery to countries outside Australia through this Website, regional storefronts, marketplaces or other sales channels.

28.1 Local laws

Customers purchasing outside Australia may have mandatory consumer rights under the laws of their country, state, province or territory.

These Terms apply subject to any such mandatory rights.

Where a provision of these Terms conflicts with a law that applies to an international customer and cannot lawfully be excluded or varied by agreement, the mandatory law will prevail to the extent of that conflict.

28.2 Country-specific terms

CapyCool may introduce additional country-specific or regional terms for particular markets.

Those terms may address matters including:

  • consumer rights;

  • warranties;

  • returns;

  • shipping;

  • taxes;

  • import duties;

  • product compliance;

  • dispute resolution;

  • governing law; and

  • limitations of liability.

Where country-specific terms apply, they will supplement these Terms.

28.3 Availability

Not all products are available in all countries.

We may restrict:

  • products;

  • quantities;

  • payment methods;

  • shipping services;

  • promotions; or

  • delivery locations

based on market availability, regulatory requirements, logistics or other legitimate operational considerations.

28.4 Currency

International orders may be displayed or charged in Australian dollars or another currency.

Where currency conversion is performed by a bank, card issuer, payment provider or other third party, exchange rates and conversion fees are determined by that provider.

28.5 Taxes, customs and import charges

Depending on the destination and sales arrangement, international orders may be subject to:

  • GST;

  • VAT;

  • sales tax;

  • customs duty;

  • import charges;

  • brokerage fees; or

  • other government charges.

Where CapyCool collects these amounts at checkout, this will generally be shown as part of the transaction.

Where charges are not collected by CapyCool and are legally payable by the recipient, the recipient is responsible for those charges.

28.6 International delivery

International shipping estimates may be affected by customs processing, border controls, local carriers and other destination-specific circumstances.

28.7 Future regional terms

CapyCool may publish dedicated terms or addenda for specific jurisdictions as our international operations expand.

Until country-specific terms are published, this Section applies generally to international orders.

29. Business and Trade Orders

These Terms may apply to purchases made by businesses, workplaces, government organisations and other commercial customers unless separate written trade terms apply.

Larger commercial orders, quotations, purchase orders or account customers may be subject to separate CapyCool Trade Terms.

Where separate Trade Terms are agreed, they will supplement or replace these Terms as specified in those Trade Terms.

30. Intellectual Property

Unless otherwise stated, all intellectual property associated with CapyCool and our website is owned by or licensed to us.

This includes:

  • trade marks;

  • logos;

  • branding;

  • product names;

  • written content;

  • product photography;

  • graphics;

  • videos;

  • website design; and

  • original promotional materials.

You may use our website for ordinary purchasing and personal use.

You must not reproduce, modify, distribute, commercially exploit or republish protected CapyCool material without our permission except where permitted by law.

31. Reviews, Images and User Content

Where you submit a review, photograph, video, testimonial or other content directly to CapyCool for publication, you represent that:

  • the content is yours or you have permission to provide it;

  • it does not knowingly infringe another person's rights; and

  • it is not knowingly false, defamatory or unlawful.

Where you expressly submit content for promotional or publication purposes, you grant CapyCool a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt and display that content in connection with CapyCool's business and marketing.

This section does not apply merely because you independently post content about CapyCool on a third-party social media platform.

32. Website Use

You must not knowingly use our website:

  • unlawfully;

  • fraudulently;

  • to introduce malicious software;

  • to interfere with website security;

  • to access systems without authorisation;

  • to impersonate another person;

  • to manipulate our checkout, payment or promotional systems; or

  • in a manner that materially disrupts our website or services.

We may take reasonable steps to prevent fraud, cyberattacks, payment abuse and other improper use.

33. Website Availability

We do not guarantee that our website will be continuously available or completely free of technical errors.

We may temporarily restrict or suspend access for:

  • maintenance;

  • upgrades;

  • cybersecurity;

  • technical issues; or

  • operational reasons.

We may also modify, discontinue or replace website features from time to time.

34. Third-Party Services

Our website may integrate or link to services operated by third parties, including:

  • payment providers;

  • buy-now-pay-later providers;

  • delivery providers;

  • social media platforms; and

  • other external websites.

Third-party services may be subject to their own terms and privacy policies.

35. Fraud and Verification

We may take reasonable steps to identify and prevent fraudulent or unauthorised transactions.

This may include verifying:

  • identity;

  • payment information;

  • billing information;

  • delivery information; or

  • unusual transaction activity.

An order may be delayed or cancelled where we reasonably believe additional verification is required or a transaction is fraudulent or unauthorised.

36. Customer Responsibility

You are responsible for loss reasonably incurred by CapyCool to the extent directly caused by your:

  • fraud;

  • intentional unlawful conduct;

  • deliberate infringement of our intellectual property rights; or

  • deliberate interference with our website, accounts or systems.

37. Events Outside Our Reasonable Control

We are not responsible for delay or failure to perform an obligation to the extent caused by circumstances outside our reasonable control.

These may include:

  • natural disasters;

  • extreme weather;

  • fire;

  • war;

  • civil disturbance;

  • government restrictions;

  • major transport disruption;

  • industrial action;

  • major infrastructure failure;

  • telecommunications outages;

  • cyber incidents affecting third-party infrastructure; or

  • other comparable circumstances.

We may take reasonable steps to minimise disruption and resume performance where practicable.

38. Privacy

We collect, store and use personal information in accordance with our Privacy Policy and applicable privacy laws.

We may provide information reasonably necessary to service providers involved in completing your transaction, including:

  • payment processors;

  • warehouses;

  • delivery providers;

  • fraud-prevention providers; and

  • customer-service systems.

39. Changes to These Terms

We may update these Terms from time to time to reflect:

  • changes to our business;

  • changes to products or services;

  • international expansion;

  • operational changes;

  • changes in law;

  • regulatory requirements; or

  • improvements to these Terms.

Updated Terms will be published with a revised "Last updated" date.

Unless otherwise required or permitted by law, changes will apply prospectively and will not ordinarily alter the terms applicable to an order already placed.

40. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the minimum extent necessary where possible.

If it cannot be read down, it will be severed.

The remainder of these Terms will continue to apply.

41. Waiver

A failure or delay by either party to exercise a right does not automatically constitute a waiver of that right.

A waiver applies only to the particular circumstances for which it is given.

42. Assignment

You may not assign or transfer your rights or obligations under an order without our consent where doing so would materially affect our rights or obligations.

We may assign or transfer our rights and obligations as part of a legitimate transfer, restructuring or sale of our business, provided this does not materially reduce your existing rights.

43. Disputes

If you have a concern relating to an order, product or these Terms, please contact CapyCool so that we can attempt to resolve the matter directly.

Nothing in these Terms prevents either party from exercising any legal right available to them.

44. Governing Law

Except to the extent that mandatory laws of another jurisdiction apply, these Terms are governed by the laws of New South Wales, Australia and applicable Commonwealth laws.

The courts and tribunals of New South Wales have non-exclusive jurisdiction in relation to disputes arising from these Terms, subject to any applicable right to bring proceedings in another jurisdiction.

45. Contact Details

CapyCool
Be Capy Pty Ltd
ABN 19 680 319 251
ACN 680 319 251

42 Wattle Street
Ultimo NSW 2007
Australia

Customer Support
support@capycool.co

Business Enquiries
info@capycool.co