TERMS OF PURCHASE
General
Set Up Camp Pty Ltd ABN 51 628 340 938 (Set Up Camp) is the distributor of Opus Campers in Queensland and New South Wales, and a retailer of camper products and accessories.
The purchase of products through Set Up Camp’s website https://www.setupcamp.com.au (the Website) is subject to these terms and conditions (Terms). By purchasing products through the Website, you agree to be bound by these Terms, which Set Up Camp may amend at any time without notice.
Purchase of products
By selecting a product to purchase through the Website you are making an offer to enter into an agreement to purchase that product from Set Up Camp on the terms outlined on the Website as at the time you submit an order. Your offer will not be deemed to have been accepted by Set Up Camp until we send an order confirmation to your email address.
Set Up Camp may accept or reject any offer to purchase any products for any reason, including but not limited to if the requested products are not available, you have requested delivery to an address outside of Australia, or if there is an error in the price or the product description posted on the Website or in your order.
It is your responsibility to ensure that you enter the correct email address, contact details, and delivery address at the time you place an order for products through the Website. Set Up Camp will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your order or deliver products due to inaccurate or incomplete details provided by you.
Set Up Camp will not despatch any products until full payment for the order has been received by Set Up Camp in cleared funds.
Order Cancellation
Set Up Camp may cancel all or part of any order prior to delivery of the products (including any order accepted by Set Up Camp) without any liability to you if:
- the products are not available; or
- Set Up Camp reasonably determines that there was an error in the price or product details displayed on the Website; or
- Set Up Camp has not received full payment of amounts due and payable for the order (including shipping costs).
You cannot cancel all or part of any order once Set Up Camp has confirmed acceptance of your offer to purchase products.
Price
All prices listed on the Website are in Australian Dollars (AUD).
All prices, fees, and charges listed on the Website are exclusive of GST (unless indicated otherwise).
Product prices, delivery fees, and other charges listed on the Website are current as at the time of publishing.
You acknowledge and agree that Set Up Camp may change product prices, delivery fees, and other charges listed on the Website at any time before we accept an offer to purchase from you.
Delivery
Delivery time is subject to product availability, product size and delivery location.
Any delivery time given by Set Up Camp is an estimate only, and Set Up Camp will have no liability to you whatsoever if the products are not delivered on or before any proposed delivery time.
Delivery fees will be listed on the Website and are payable in addition to the product price.
Products will be delivered to the address specified by you at the time of order. Products may be delivered to an unattended delivery address. If the courier company does not leave the products at an unattended address it will be your responsibility to collect the products from the location specified in the delivery card left at the unattended delivery address. Set Up Camp will have no liability to you whatsoever if you cannot locate the delivery card left at the unattended delivery address.
Any request by you to change the delivery date or time may be subject to additional fees.
Risk and title in the products passes to you on the date and time of delivery of the products to your specified address or attempted delivery to your specified address.
Defects and returns
You must inspect products immediately on delivery.
You will be deemed to have accepted the products, free from any defect or other non-conformity, unless Set Up Camp receives a substantiated claim from you within 5 days from the date of delivery.
Set Up Camp will only accept product returns and at Set Up Camp’s election provide you with either a replacement for the product (subject to availability), a voucher, refund or repair where:
- the product delivered is faulty or is not of merchantable quality;
- the product delivered is not fit for its manufactured purpose; or
- the product delivered does not match the description on the Website.
To return a product in accordance with clause 6.3, you must provide Set Up Camp with all information and evidence reasonably required by Set Up Camp to confirm any of the conditions outlined in clause 6.3 have been satisfied.
Warranties
Products sold by Set Up Camp 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
Except as specifically set out in these Terms or contained in any warranty statement provided with any product, to the extent permitted by law, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of any product, whether implied by statute, common law, trade usage, custom or otherwise is expressly excluded.
Any claims under a manufacturer’s warranty must be made directly to the product’s manufacturer. Set Up Camp will provide you with reasonable assistance to contact the relevant manufacturer and submit your claim.
Limitation of Liability
To the extent permitted by law, Set Up Camp will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to your purchase and/or use of the products.
Set Up Camp’s liability to you for loss or damage of any kind arising out of these Terms or your use of the products purchased will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Invalidity
If any provision in these Terms is held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of these Terms. If it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms and the legality, validity and enforceability of the remainder of these Terms shall not be affected.
Governing law
Your use of the Website and these Terms are governed by the laws of the State of Queensland and you submit to the non-exclusive jurisdiction of the courts of the State of Queensland.