TERMS & CONDITIONS
EVERYTHING CARAVAN & CAMPING – TERMS AND CONDITIONS
1. Your acceptance of these Terms and Conditions
A. In these terms and conditions (“the Terms”), “ECC”, "we", "our" or "us" means EVERYTHING CARAVAN & CAMPING PTY LTD ACBN 85 664 582 932 trading as Everything Caravan & Camping.
B. These Terms apply to your use of the website located at everythingcaravanandcamping.com and any social media accounts operated by ECC (“Sites”), any purchase of goods made by you through the Sites and any content that you download for viewing via the Sites. By continuing to use the Sites, by downloading any content made available on the Sites from time to time, or by making any purchase through the Sites, you agree to be bound by the Terms as they appear on the Sites from time to time.
C. We may revise the Terms from time to time by posting a revised version of the Terms to the Sites. The revised Terms will take effect when they are posted.
D. You must be at least 18 years of age with legal capacity to accept these Terms in order to use and / or make any purchase through the Sites.
2. Purchases through the Sites
A. If you make a purchase through the Sites:
a. You agree to pay the price specified on the Sites at the time that you make the purchase.
b. All amounts are stated in Australian dollars and all purchase prices are subject to Australian GST (where applicable).
c. You must apply any valid discount codes at checkout. There is a limit of one discount code per transaction.
d. You must pay any applicable shipping fees shown at checkout.
e. ECC may cancel any purchase made through the Sites if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms.
f. We make all reasonable efforts to display correct and complete prices and descriptions in relation to goods available for purchase through the Sites and on any advertising or information materials. Occasionally errors can occur, and in that event, ECC may cancel any purchase made at an incorrect price.
g. You represent and warrant to us that any credit card or payment information you give to us is accurate and complete and that you are duly authorised to make payment to us using that credit card.
h. Without any limitation to your rights under any laws and subject to any express provision to the contrary set out herein, ECC does not refund any payments for purchases made through the Sites due to a change of mind or change in your circumstances.
i. For transactions of $1000 or more, refunds requested for a change of mind prior to dispatch will incur 2.5% fee
3. ECC Directory and other advertisements on the Sites
A. Third parties pay ECC to advertise their goods and services, and their businesses generally, in the ECC directory on the Sites (“the ECC Directory”), in other ads on the Sites, and on social media accounts operated by ECC generally. Those third parties provide us with all content to be featured in those paid ads. ECC does not verify the accuracy of information provided to us for that purpose, and you should make your own enquiries in relation to purchasing those goods and services from those third parties, prior to making any purchase.
B. If you click a link in the ECC Directory or a third-party ad on the Sites, you may be taken to a third-party website. If that is the case, any purchase you make on that third-party website is between you and that third-party. ECC is not responsible for managing or mediating any third-party dealings in relation to purchases made by you from third parties advertised in the ECC Directory or in other third-party ads on the Sites.
C. Third-party websites accessed via the Sites have their own terms and conditions and privacy practices that are not monitored or known by ECC. You should familiarise yourself with any terms and conditions and privacy policy displayed on any third-party websites accessed via the Sites before submitting your personal information via that third-party website.
4. Promotion of shows
A. ECC may from time to time promote upcoming shows and events relevant to the caravan and camping industry (“Shows”) on the Sites.
B. If you purchase a ticket to attend or exhibit at a Show promoted on the Sites, you will be purchasing your ticket directly from the organiser of the Show, and not from ECC.
C. ECC is not responsible for managing ticket sales to Shows or answering questions about Show logistics, and all such enquires should be directed to the organiser of the Show.
D. Any information displayed on the Sites promoting a Show has been provided to ECC by the organiser of the Show, or reproduced from promotional material circulated by organisers of the Show, and ECC is not responsible for any errors or omissions that appear in the information.
E. You should make your own enquires about Shows and any terms and conditions applicable to the purchase of tickets to Shows before making any purchase of tickets to attend or exhibit at a Show.
5. Shipping of goods purchased through the Sites
A. Physical goods purchased through the Sites will normally be shipped within 3 to 10 business days of your purchase.
B. Any delivery times displayed on the Sites are estimates only, based on information available to us at the time.
C. Goods purchased by you will be delivered to the place of delivery you specify when making the purchase on the Sites.
D. Title to and risk in the goods purchased by you will pass to you upon delivery of those goods to your requested place for delivery.
6. Returns of goods purchased through the Sites
For our full Returns Policy, please click here Returns Policy
A. To lodge a return of physical goods purchased through the marketplace, please email returns@everythingcaravancamping.com.au including your Full Name, your Everything Caravan & Camping Invoice Number and photographic evidence pertaining to the reason for your return (as outlined below).
All return requests must be submitted by email to returns@everythingcaravancamping.com.au within 30 days after the purchase was made.
All items being returned to the seller must be dispatched for shipment by you within 10 Business days after the goods have been delivered to you
B. We will only accept a return or exchange from the original purchaser or gift recipient.
C. Without any limitations to any rights you have under the Australian Consumer Laws, we will accept a return, for exchange only, items that are in original condition, unused and free of damages. Items must be returned with all tags still attached and in their original packaging. If these requirements are not met, we reserve the right to deny the return.
D. We will accept a return for refund or exchange, faulty goods or goods that were damaged prior to receipt by you with photographic evidence of the fault or damage.
E. If for any reason a product you have ordered is not available for exchange when processing an approved return, a refund will be credited to the original payment method where you do not wish to exchange it for another available good.
F. We recommend returning goods via registered post, as we cannot credit your account until the item has been received by us. We will not be held responsible for any damage or losses arising from the return shipment.
7. Liability
A. To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to the goods or services purchased or these Terms that are not otherwise expressly contained in these Terms are excluded.
B. Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
C. If any guarantee, term, condition or warranty is implied or imposed into these Terms (a Non-Excludable Provision) and ECC is able to limit your remedy for a breach of such a Non-Excludable Provision, then ECC’s liability for breach of the Non-Excludable Provision is limited to one or more of the following, at ECC’s option:
a. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
b. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
D. Subject to ECC’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of ECC for all claims under or relating to these Terms or a good or service purchased, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the amount paid by you for the good or service.
E. In calculating ECC’s aggregate liability to you, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by ECC under any Non-Excludable Provision.
F. Subject to ECC’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, ECC is not liable for, and no measure of damages will, under any circumstances, include:
a. special, indirect, consequential, incidental or punitive damages; or
b. damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
G. ECC’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
H. Your use of the Sites generally is at your own risk. Except in the case of statements made by ECC about goods or services sold by ECC, you must not rely on any statement published on or linked to the Sites without first making your own enquiries to verify the information.
I. To the extent permitted by law, all information on or linked to on the Sites, save for information about goods or services sold by ECC, is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
J. To the extent permitted by law, except as expressly stated herein, ECC does not accept any responsibility or liability for:
a. any statement in the material on or linked to the Sites; or
b. any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Sites and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
K. You agree to indemnify and hold ECC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of, or in connection with, content you submit, post, transmit or otherwise make available through the Sites (including, but not limited to, on the forum accessible via the Sites and the social media accounts operated by ECC), your use of the Sites, your connection to the Sites, your breach of these Terms, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
8. Intellectual Property Rights
A. You acknowledge that the content on the Sites is subject to copyright and features common law and / or registered trade marks, owned by, or licensed to, ECC and other third parties.
B. ECC reserves all rights in relation to the ECC copyright and trade marks. You agree not to use any of the ECC copyright or trade marks without our prior written consent.
C. Nothing you do on or in relation to the Sites will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated herein.
D. If you upload any images, video, recipes, blogs, reviews or stories (“Uploaded Content”) to the Sites (including, but not limited to, on the forum accessible via the Sites or on the social media accounts operated by ECC), you irrevocably and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to irrevocably and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Uploaded Content. In doing so, you consent to and acknowledge that Uploaded Content may be reposted to any other part of the Sites, including, but not limited to, any social media account operated by ECC at any time after you have uploaded it, regardless of whether you later remove or delete it from the location where you uploaded it.
E. You warrant to ECC that you have the right to upload any Uploaded Content to the Sites and that doing so will not infringe on any third-party rights (including, but not limited to, any rights to copyright, trade marks or confidential information). You indemnify ECC from any loss (on a full indemnity basis) associated with, or arising out of, a breach of this warranty.
F. You provide us with unconditional consent for the Uploaded Content to be altered, edited, deleted or adapted as we think fit, including in a way that would otherwise be a breach of your moral rights.
G. You agree that you do not require, nor does anyone else require, attribution or payment (unless otherwise agreed in a separate agreement) for the Uploaded Content.
9. Content on the Sites
A. We attempt to keep the content appearing on the Sites up to date. However, except as otherwise required by law, we do not warrant the accuracy, currency or continuity of the content.
B. You acknowledge that the content on the Sites is subject to change at any time.
C. If you consider any content that has been posted to the Sites (by us or others) is offensive, unsuitable or has in some other way breached these Terms, please email us at hello@everythingcaravancamping.com.au with a link to the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed from the Sites at our sole discretion.
D. When you click a link on our Sites, you may be taken to another site which may be operated by a third party and outside of ECC’s control. You should review the privacy practices and terms of use available on that site.
10. Your Use of the Sites
A. In accessing and using the Sites, you must not post or transmit on any part of the Sites (including, but not limited to, on or in relation to any forum accessible through the Sites or any social media account operated by ECC) which:
a. breaches any laws or regulations or are contrary to any relevant standard or codes;
b. interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Sites user from using the Sites or any software on the Sites;
c. constitutes the promotion of gambling, the promotion of another website or commercial advertising (unless otherwise permitted under an agreement to advertise on the Sites);
d. infringes anyone else’s copyright or other intellectual property rights;
e. tampers with, hinders or modifies the Sites or any feature or software on the Sites; or
f. knowingly transmits any viruses or other disabling features to the Sites or any software on the Sites.
B. When providing us with information through the Sites, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
C. We reserve the right to refuse access or discontinue service to any part of the Sites to any person or entity without obligation to assign a reason for doing so.
D. We do not warrant that your access to or use of the Sites will be uninterrupted or error free or that the Sites or any material on or accessible through the Sites is free from errors, viruses, worms, trojan horses or other harmful components.
11. Privacy
A. When you access the Sites, make a purchase via the Sites, or otherwise provide us with any information about you or anyone else, you agree that we will handle that information in accordance with our Privacy Policy and you consent to us collecting, using and disclosing that information accordingly.
12. Security of Information
A. No data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us over the internet. For this reason, any information which you transmit to us is transmitted at your own risk. We will however take reasonable steps to preserve the security of such information once we receive your transmission.
B. If you create an account on the Sites to access the forum, you are responsible for creating a secure password and for keeping your username and password confidential. You indemnify and release ECC from any loss suffered by you arising out of or related to any use of your account where a third-party has accessed your account using your username and password.
13. Promotions
We may from time to time conduct trade promotion competitions through the Sites. You should review the full terms and conditions of any trade promotion available on the Sites (“Competition Terms”), which are incorporated into these Terms by reference, prior to submitting an entry to the competition. If there are any inconsistencies between these Terms and the Competition Terms, the Competition Terms will apply to the extent of any inconsistencies with these Terms in relation to the competition.
14. General
A. If any part of the Terms would, but for this clause 14(A) be void, unenforceable or illegal in a jurisdiction;
a. the provision is read down to the extent necessary to avoid that result; and
b. if the provision cannot be read down, to that extent, it is severed in that jurisdiction.
B. These Terms will be governed by the laws of Victoria, Australia and by continuing to use the Sites or by making any purchase through the Sites, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
15. Purchasing of Knives
YOU AGREE THAT YOU ARE OVER 18 YEARS OLD IF PURCHASING ANY TYPE OF KNIFE FROM EVERYTHING CARAVAN & CAMPING