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Terms & Conditions For Consumers

By Our Van RV Pty Ltd

Orders, shipping, complaints and general terms and conditions for using shop.ourvanrv.com.au. For all urgent enquiries, contact customer service on 1300 068 700

Definitions

The following definitions apply to these Terms.

Australian Consumer Law means the laws under the Competition and Consumer Law Act 2010 (Cth).

Big & Bulky Goods are goods for which extra handling and additional resources are required for delivery. Please note that different Delivery Fees and requirements apply – please refer to the shipping section at the checkout. If you are still unsure or would like further information, please contact Our Van RV on 1300 068 700 or at shop@ourvanrv.com.au .

Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.

Delivery Address means the address to which your products are to be delivered, as stated on the order you placed through the Site for those products.

Delivery Agent means a third party delivery or shipping company engaged by Our Van RV or You to deliver the products you have ordered from the Site.

Delivery Fee means a fee for the delivery of the products, shown on the product page and calculated at checkout.

The Store means any of the shop.ourvanrv.com.au stores located in Australia.

Factory Seconds means demo or seconds products of Our Van RV or third party products that Our Van RV distributes that may have damages, cosmetic marks or be a reconditioned product, but is in full working condition at the time of offer. Items may come with a limited or reduced warranty due to its nature.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each product as specified on the Site.

Privacy Policy means the Our Van RV Store Privacy Policy. View the Our Van RV Store Privacy Policy for more information.

Restricted Goods means products subject to restrictions on sale in particular jurisdictions, including products which may not be sold to minors (such as knives, alcohol and tobacco).

Those Indemnified means any of Our Van RV’s officers, contractors, employees and agents.

We, Us, Our and Our Van RV means Our Van RV Pty Ltd (ABN 91 336 827 141).*

You and your means you as the purchaser of products through the Site pursuant to these Terms.

Terms Of Use

Welcome to shop.ourvanrv.com.au

These terms and conditions (Terms) govern the use of the Our Van RV Store (Site). These Terms are to be read in conjunction with our Privacy Policy. The privacy policy sets out how the Our Van RV Store will use your information and can be found at our Privacy Policy page. By using this Site, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

Our Van RV reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site. You agree that use of the Site by you, constitutes acceptance of the Terms.

Please note that the Site is a platform for the sale of products offered by Our Van RV.

Orders

  1. You may place an order by following the instructions on the Site. By placing an order, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by the Site and accepted by Our Van RV, at the time the Site sends an order confirmation to your nominated e-mail address. If the products are not available or Our Van RV otherwise rejects the order, you will receive an email to your nominated e-mail address advising this. It is your responsibility to ensure the correct email address and contact details are entered with your order.

  2. Each order you place will be a separate contract.

  3. Each product in your order is sold by Our Van RV (including any third party products displayed on the Site).

  4. Payment, including Delivery Fees (if applicable) is due at the time of submitting the order. Unpacking, Collection from a 3rd party location such as a freight depot, assembly and installation fees do not form part of your Delivery Fee.

  5. An order confirmation and receipt of purchase will be sent to you via email once you have completed your transaction on the Site.

  6. All products offered for sale from the Site are for personal non-commercial use and not for commercial re-sale or for use by governments or educational institutions unless expressly authorized by Our Van RV in writing which will be formed in a separate contract.

  7. The Site may restrict the quantity of products which can be purchased in one order or during a particular period of time or per person or per address, at Our Van RV’s sole discretion. Any quantity restrictions will be stated on the product page, in the materials about the relevant promotion, or otherwise advised on the Site.

  8. Our Van RV will not be liable to you or any third party for any loss suffered as a result of, or in connection with, a delay or failure to process your order or deliver your products due to inaccurate or incomplete details provided in an order, in respect of the availability or otherwise of products on the Site, or in respect of any Claim arising in connection with use of the Site. To the maximum extent permitted by law, you release Our Van RV and Those Indemnified against any Claim.

  9. If you place consecutive or separate orders, the orders cannot be consolidated. A separate Delivery Fee, if applicable, will apply to each order. Subject to any applicable quantity restrictions as per clause 7 of these Terms, you can order as many products as you wish in one order.

  10. If Our Van RV cannot contact you about your order using the contact details you provided in the order, then after having made reasonable attempts to contact you, your order will be cancelled and you will be refunded any money paid to the payment details submitted via the Site.

  11. Without limiting any applicable law, any products you purchase can only be returned in accordance with these Terms.

  12. From time to time, products may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the products impacted, or provide you with alternative products, or defer the delivery time at your discretion.

  13. Our Van RV may withdraw or suspend from sale any product displayed on the Site, either temporarily or permanently, at any time and without notice.

  14. All reasonable care will be taken to ensure that all details, descriptions, images and prices on the site are accurate, however the site may contain errors, inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice.

  15. Without limiting clause 14 of these Terms, Our Van RV reserves the right to change or alter the sale price without notice to you. If you have already submitted an order at a particular sale price, we will supply your ordered products at that sale price if the goods are available to be supplied within thirty (30) days of the date your order or pre-order was paid. Where the order goes unfulfilled beyond thirty (30) days from the purchase date, if there is an upward price change, Our Van RV reserve the right to charge and receive the difference between the original price and the new revised price prior to the order being fulfilled. The purchaser may cancel the order for a full refund if the purchaser does not want to pay the difference in the price.

  16. Any and all promotions sent from Our Van RV or shop.ourvanrv.com.au including but not limited to email specials, promotions, giveaways and discount offers are valid for on-line purchases only unless expressly offered otherwise.                                
  17. Factory Seconds may be available for sale on the website and can be found under the “Factory Seconds” tab. Factory Seconds products may have slight damages or marks but have been serviced and checked by a Our Van RV or 3rd party technicians, and are in full working condition. Factory Seconds products come with a reduced or limited warranties. The Australian Consumer Law provides warrantees and guarantees in relation to products and these Terms in no way reduce or exclude the rights available thereunder. Our Van RV will not refund Factory Seconds products, unless the item is faulty or as otherwise required in accordance with law.

  18. Without limiting any rights available to a consumer at law, a consumer may be entitled to an exchange for Factory Seconds, if a comparable alternative products is available, at the sole discretion of Our Van RV. If applicable and to the extent allowable at law, the consumer will be required to pay any and all supply and return freight costs.

  19. The products, prices, and promotions offered on the Site may not be the same as those in a Our Van RV or shop.ourvanrv.com.au retail store, or a third party seller’s store or website, and Our Van RV will not price match.

  20. From time to time, we may offer promotional discount or coupon codes which may apply in respect of any, or certain specified, orders or products on the Site. All codes must be applied, if relevant, prior to submitting your order. Other conditions of use will be specified on the Site or at the time of issue in relation to these discounts and coupons, and placement of an order by you will be considered acceptance of these additional terms.

  21. You acknowledge and agree that: any accessory featured with the products is for illustrative purposes only, and may be sold separately unless advised otherwise; and where we provide dimensions and measurements in the description of a product, no representations are given about the suitability for your intended use or the accuracy of the dimensions and measurements. All descriptions are accurate at the time of display on the Site, to the best of Our Van RV’s knowledge. You acknowledge that some dimensions may vary slightly, and Our Van RV has no control over this. It is your responsibility to ensure that the actual size of each product is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your Delivery Address for delivery of the product)

  22. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

  23. Payment methods are specified on the Site and are subject to change.

  24. In paying or attempting to pay for products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

  25. If you order products that are or contain Restricted Products, you: warrant that you are aged 18 years (or the age required by law to purchase these products for an example 16 years to purchase knives in the ACT and NSW) and that you are not obtaining the Restricted Products on behalf of a person under the age of 18 years; acknowledge that it is against the Law to sell or supply the Restricted Products to, or obtain the Restricted Products on behalf of, a person under the age of 18 years (or the age required by law to purchase these products, as relevant); and warrant that the information you have provided us is true and accurate.

  26. You agree to not post, comment or engage in the action of generating a negative feedback comment, rating or ranking on any electronic platform whatsoever. Failure to observe this condition of purchase may result in a claim of injurious falsehood being made against you and may be pursuable to the fullest extent of the law.                                                   
  27. By clicking the "Pay Now" button in the checkout on the site, you agree to be bound by all site terms of service including refund, shipping, returns and privacy policies. These policies can be found at our legal pages contained within the footer of our home page or at these links.                                                                                                                        
  28. Any and all promotions sent from shop.ourvanrv.com.au including but not limited to email specials, promotions, giveaways and discount offers are valid for on-line purchases only unless expressly offered otherwise
Refunds
Returns - Contained within Terms of Service under the heading "Returns, Refunds & Exchanges"

    Shipping And Delivery

    1. Delivery Fees apply per item and will vary from product to product depending on the product type, its size, weight and dimensions, and the delivery location. The Delivery Fees will be calculated and collated in your shopping cart.

    2. Products are delivered Australia wide using primarily TNT, Australia Post and it's relevant subsiduaries, Couriers Please and Fastway. Most times the delivery service is chosen by the consumer. Our Van RV reserves the right to choose the lowest cost carrier for delivery where it requires to make that decision and may do so at it's own discretion.

    3. Dispatch times are indicative only and may vary according to availability. Any representations made regarding delivery times are subject to any delays resulting from postal delays or force majeure for which Our Van RV will not be responsible, and without limiting any other provision of these Terms, you indemnify Our Van RV in relation to any Claim as a result of any delayed delivery of the products.

    4. Your order may be fulfilled from multiple locations at different times depending on stock availability. In the instance that your order is split, you will not be charged any additional Delivery Fees.

    5. If re-delivery is required, you will be required to pay additional Delivery Fees (including where your order was subject to discounted delivery). Delivery Fees paid will not be returned in such cases, unless required by Law.

    6. You or a person over the age of 18 must be available to accept delivery at the Delivery Address on the agreed date between you and the Delivery Agent. If no-one is at the Delivery Address or there is limited access to the Delivery Address, the Delivery Agent will leave a collection card with instructions on where to collect your products unless expressly agreed prior by both parties.

    7. You are responsible for ensuring your Delivery Address details on the order are correct. Products will be delivered to the Delivery Address specified on the order. Where the Delivery Address is an office address, shared house or apartment, the Delivery Agent will make reasonable attempts to contact you however you agree that we may deliver to an individual at the Delivery Address and will be able to rely on that individual's instructions as if they were your own.

    8. Without limiting any other clauses, for Big & Bulky deliveries, you must provide any relevant access details (including stairs access only, parking restrictions etc) to the Delivery Agent prior to delivery.

    9. You acknowledge that during certain periods such as sale periods, Easter or Christmas, dispatch, deliveries may take longer to fulfil due to high order volumes.

    Returns, Refunds & Exchanges

    All requests for returns must be made in accordance with these Terms and the Our Van RV Refund Policy. All requests are to be made writing to Our Van RV, within 14 days from the date you receive the product, with the following information:

    • Your full name;
    • Your order number;
    • The reason you are returning the product;
    • Your instructions informing us how you would like the issue resolved; and
    • A copy of your payment receipt from Our Van RV.

    This will ensure we have all the information to resolve quickly, or should we need to contact you.

    Please choose carefully before you buy as Our Van RV does not exchange for change of mind. Our Van RV does not offer a satisfaction guarantee on any of their products, however due to their high level of customer service, they will always endeavour to keep customers happy and satisfied.

    Factory Seconds

    For all enquiries regarding Factory Seconds, please contact 1300 068 700 or shop@ourvanrv.com.au.

    Our Van RV will not refund Factory Second products, unless the item is faulty or as otherwise required in accordance with Australian Consumer Law.

    If your Factory Seconds product is faulty, please follow the standard returns procedure as outlined above.

    For further information on refunds and returns, please refer to the below clauses at 35 to 37 of these Terms.

    Feedback & Complaints

    1. If you have a complaint about the Site, please contact our customer Service team by email shop@ourvanrv.com.au or phone 1300 068 700.

    General

    1. The Site may provide warranties in addition to your Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.

    2. Where you are a consumer for the purposes of the Australian Consumer Law the products come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonable 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.

    3. For the purpose of clause 36, if you are a consumer within the meaning of that term under Australian Consumer Law, Our Van RV makes each guarantee required of a supplier to a consumer under Part 3-2 of the Australian Consumer Law but only to the extent required by the nature of the products and the nature of the you as the customer.

    4. To the extent permitted by law, and subject to clause 37, Our Van RV’s liability to you, whether for a breach of these Terms or otherwise, shall at the discretion of the Our Van RV, be limited to the supply of equivalent products or the replacement of the products supplied to you.

    5. To the maximum extent permitted by law, you indemnify and agree to hold Our Van RV and Those Indemnified harmless against and from all Claims which may arise as a result of or in connection with Our Van RV’s supply of the goods, including the assembly of goods by you. Our Van RV holds the benefit of this indemnity on trust for Those Indemnified and Those Indemnified will be entitled to rely on the indemnity and require you to pay for all costs (including but not limited to legal costs on a solicitor and own client or indemnity basis) prior to Those Indemnified having incurred and paid such costs.

    6. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details or rescind the transaction. In this case, your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.

    7. Unless expressly stated, hyperlinks to other third party websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for your convenience. As a result, Our Van RV makes no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. Our Van RV takes no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.

    8. Our Van RV will use reasonable endeavours to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. Our Van RV does not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.

    9. Our Van RV’s failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.

    10. Our Van RV may, at its discretion, terminate the agreement for the supply of products to you: if Our Van RV reasonably believes you have breached these Terms, the terms set out in your shop.ourvanrv.com.au micro store agreement or committed fraud; and that the breach is not capable of remedy or it is not remedied within the provided time period.

    11. These Terms are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.