Terms of service
WEBSITE TERMS AND CONDITIONS OF USE
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3. Linked sites
5.1 You must not misuse this Website. You will not:
(a) commit or encourage a criminal offense;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Service; corrupt data; cause annoyance to other users;
(d) infringe upon the rights of any other person's proprietary rights;
(e) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(f) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and CCS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
5.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
6. Intellectual property, software and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of CCS or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by CCS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
7. Disclaimer of liability
7.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
7.2 To the fullest extent permitted by law CCS hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
7.3 This does not affect CCS's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with CCS and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CCS.
CCS must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
WEBSITE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (“T&Cs”) constitute a legally binding contract between the customer (“you”) and Caravan & Camping Superstore Pty Ltd (ACN 641 313 984) (“CCS”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from notlostaustralia.com.au (“Website”). By placing an order for Goods via the Website you agree to these T&Cs.
These T&Cs contain important information and affect your legal rights and obligations and you should review them carefully before placing your order and seek legal advice if you do not understand these T&Cs.
In these T&Cs:
1.1 “ACL” means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth);
1.2 “Additional Delivery Charge” has the meaning given in clause 4.4;
1.3 “Carriers” means the shipping companies used by CCS from time to time to transport the Goods from their place of origin to the Delivery Address;
1.4 “CCS” means Caravan & Camping Superstore Pty Ltd (ACN 641 313 984);
1.5 “Delivery Charge” has the meaning given in clause 4.3;
1.6 “Force Majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
1.7 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
1.8 “International Delivery Charges” has the meaning given in clause 4.7;
1.9 “Order” means an order for Goods, placed on the Website; and
1.10 “Website” means www.notlostaustralia.com.au.
In these T&Cs:
(a) references to “we” or “us” or “our” or similar references refer to CCS;
(b) the headings will not affect interpretation of these T&Cs;
(c) the singular includes the plural and vice versa, and a gender includes other genders;
(d) any other grammatical form of a word or expression defined in these T&Cs has a corresponding meaning;
(e) a reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements;
(f) a reference to a clause is a reference to a clause in these T&Cs;
(g) the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
(h) any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally; and
(i) if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day.
3. Orders and Formation of Contract
3.1 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge.
3.2 When you place an Order via the Website, you will receive an acknowledgement e-mail confirming receipt of your Order: this email will only be an acknowledgement and will not constitute acceptance of your Order.
3.3 CCS may accept or reject your offer in its absolute discretion. In particular, but without limitation, CCS may reject orders for commercial quantities of Goods.
3.4 Each Order that you place will, if accepted by CCS, be a separate and binding agreement between you and CCS with respect to the supply of the relevant Goods, in accordance with these T&Cs.
3.5 A contract between CCS and you will not be formed until we send you confirmation by e-mail that the Goods which you ordered have been dispatched to you.
3.6 Only those Goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
3.7 If you place an Order for someone else to receive the Goods you must obtain their consent before providing CCS with their personal information and, by placing an Order, you confirm to CCS that you have done this.
3.8 Please ensure that you enter all information carefully when placing an Order. You warrant to CCS that all information provided by you in relation to each Order is complete, true and accurate.
3.9 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by CCS. CCS will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
4. Pricing and Availability
4.1 Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any Goods which we have advertised, we will correct the error straight away.
4.2 CCS reserves the right to change the prices of the Goods at any time without notice to you. The price displayed at the time which you place your Order will continue to apply to you even if the prices changes before your Order is accepted by CCS.
4.3 Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable (“Delivery Charge”).
4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which we incur because you live in an area where light aircraft or barge transport is required, or to which our Carriers do not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery” or something similar.
4.5 If you live in an area to which an Additional Delivery Charge will apply CCS will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge.
4.6 If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, CCS will cancel your Order. CCS will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
4.7 If CCS agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”).
4.8 By placing an Order, you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
4.9 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4.10 As CCS is dependent upon its suppliers to provide stock, CCS cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable.
4.11 CCS reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you.
4.12 Except to the extent otherwise required by law (including, without limitation, the ACL), CCS will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.1 Upon receiving your Order, we will carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
5.2 Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the Goods you wish to purchase.
5.3 CCS may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:
(a) where our fraud detection systems detect possible irregularities;
(b) because your financial institution or other payment provider has declined payment; or
(c) because your payment card has expired, where this is the case, CCS reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
5.4 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
5.5 Once the Goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the confirmation email.
6. Cancellation of Orders
6.1 CCS reserves the right to cancel, at any time before delivery and for any reason, an Order that CCS has previously accepted. CCS may do this, for example but without limitation, where:
(a) you ask CCS to cancel your order in accordance with clause 3.9;
(b) due to a circumstance included in clause 5.3;
(c) due to a Force Majeure;
(d) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted; or
(e) CCS’ suppliers are unable to supply Goods which they had previously promised to supply.
6.2 Where CCS cancels your Order after acceptance, CCS will send you an e-mail notifying you of cancellation.
6.3 In the event of CCS cancelling your Order after payment has been processed, CCS will refund any money paid in respect of that Order.
6.4 Where CCS is obliged to refund your payment pursuant to these T&Cs, CCS will endeavour to initiate your refund to your original payment method(s) within 2 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund.
6.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CCS will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. Delivery of Goods
7.1 Non delivery of Goods must be reported to us as soon as possible.
7.2 Australian customers
(a) All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent without Insurance or tracking.
(b) While we will do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
(c) Insurance is available at an extra cost on all delivery services. We will not cover any loss of Goods that are not insured.
(d) CCS is unable to deliver to certain parts of Australia and where this is the case you may not be able to process your Order or we may cancel your Order.
(e) Where requested, CCS will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, CCS will call you to arrange an alternative delivery address.
(f) On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(i) take your Goods to our Carriers’ local depots;
(ii) take your Goods to a CCS nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(iii) re-deliver your Goods to your delivery address at a later date.
(g) You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our Carriers’ local depots for you to pick up at your convenience.
(h) If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, CCS will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
7.3 International customers
(a) Unless requested otherwise by you prior to purchase, Goods are sent without insurance and Goods tracking is not available.
(b) While we will do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our Carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
(c) Insurance is available at an extra cost on all delivery services. We will not cover any loss of Goods that are not insured.
(d) Delivery times to countries outside Australia will vary and are unpredictable, depending on region.
(e) All customs/import fees/taxes and duties are your responsibility.
7.4 You acknowledge and agree that:
(a) CCS does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out on the Website, estimated delivery times listed for the delivery options or the delivery option which you may select for your Order, or any other timeframes otherwise specified by CCS or any of its staff;
(b) stock availability and events outside CCS’ control (including adverse weather conditions, traffic conditions and governmental action or other Force Majeure events) may cause delays, or in some circumstances, prevent your Goods from being delivered;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these T&Cs or otherwise required by law (including, without limitation, the Australian Consumer Law), neither CCS nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Receipt of Goods and Returns
8.1 You must inspect the Goods immediately upon their arrival to ensure that:
(a) the Goods are what you have ordered; and
(b) the Goods are not damaged or faulty.
8.2 If upon inspection pursuant to clause 8.1 you determine that the Goods are not what you have ordered or are damaged or faulty, you should contact us as soon as possible to request that we accept a return of the Goods. You will need to provide your proof of purchase, and provide photographs to show what was delivered and any damage.
8.3 If we accept a return of the Goods, we will advise the address where the Goods should be returned to.
8.4 It is a requirement for the fulfilment of returns that you use your best endeavours to return all out of the box accessories (such as batters, power cords etc) supplied at the time of original purchase.
8.5 You agree to take reasonable steps to package the Goods to be protected in transit and you should consider using the original packaging where possible in order to prevent damage in transit, as you may not be entitled to a refund or exchange where the Goods themselves have been damaged in transit.
9. Refund Policy
We will provide a 30 day money-back guarantee from the time the goods were purchased. CCS reserve the right to review all returns on a case by case basis to ensure that the products are in a new and unused condition. CCS will refuse refund if these conditions are not met.
10. Limitation on Claims and Australian Consumer Law
10.1 Your purchase of the Goods may be subject to certain laws including, without limitation, the ACL. The ACL provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that CCS represents they will be fit for, and the Goods will correspond with any relevant description. Nothing in these T&Cs shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) which cannot be law be excluded, restricted or modified.
10.2 We have no liability to the extent that our performance of the contract is prevented by Force Majeure.
10.3 Except to the extent otherwise required by law, CCS will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by CCS, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
10.4 We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.
10.5 We have no liability to the extent that a failure of the Goods is attributable to damage by abnormal use.
10.6 We do not warrant the Goods are fit for any purpose, whether or not made known by you, or any third party, to us.
10.7 You warrant that you have relied on your own enquiries as the fitness for purpose of the Goods.
10.8 No attempt is made to exclude or limit liability arising under the ACL to the extent that there is a statutory restriction on such exclusion or limitation.
10.9 To the greatest extent allowed to be excluded by law, our total liability for loss or damage of every kind, whether arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the Goods.
10.10 To the greatest extent permitted at law, CCS is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order.
10.11 Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these T&Cs, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods supplied pursuant to these T&Cs.
11. Warranty Disclaimer
11.1 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
11.2 The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
12. Intellectual property
The specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.
13. Title and risk
13.1 Title in the Goods does not pass to you until payment has been received.
13.2 Risk of loss or damage to the Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these T&Cs and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Entire agreement
These T&Cs constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
17.1 Any waiver by CCS must be express and in writing.
17.2 The CCS’ rights under these T&Cs or any Contract do not exclude any other rights of CCS.
17.3 CCS reserves the right to amend these T&Cs at any time. Any amendment will take effect from the time that it appears on the Website. The T&Cs which apply at the time that you place your Order are the T&Cs which apply to that specific order.
17.4 If any provision of these T&Cs or any Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply.
17.5 CCS may assign any rights or obligations under any Contract or these T&Cs or any Contract to any third party.
17.6 You may only assign any rights or obligations under any Contract or these T&Cs or any Contract with the CCS’ prior written consent.
17.7 These T&Cs and any Contract will be governed by the law of the state of Queensland and the laws of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Contract.