- Compliance with Terms
1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and All Boats & Caravans for the supply of Goods.
- Placing Orders for Goods
2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.2. From time to time, All Boats & Caravans restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
2.3. All Boats & Caravans will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
2.4. You agree to obtain consent to provide All Boats & Caravans with Personal Information of recipients of gifts or Goods Ordered by you.
2.5. You may Order from All Boats & Caravans if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.
2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order. In-Store Order cash payments will be limited up to a total Order value of $9,999.99 (including GST).
2.7. All Boats & Caravans reserves the right to accept or reject your Order for any reason at any time. If All Boats & Caravans rejects your Order you will receive a refund of any money paid.
- Availability of Goods
3.1. From time to time, some Goods may be out of stock or are 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 Goods impacted.
3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. All Boats & Caravans will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
3.4. All Boats & Caravans reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and All Boats & Caravans will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good 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 Good).
- Price and payment
4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
4.2. 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.
4.3. All Boats & Caravans reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4. Payment methods are specified on the Website or explained by the consultant at the time you place your Order. They may include credit card, PayPal or discount code. The name on any credit card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for In-Store Orders, but not for Orders placed through the Website. Cheques cannot be used as a payment method for any purchases from All Boats & Caravans, including Orders.
4.5. Any payment for an Order must be cleared by All Boats & Caravans before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7. Lay-by is not available for Orders.
5.1. All Boats & Caravans uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address and phone number, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
5.2. All Goods will be packed & picked up by Delivery Agents within 2 business days.
5.3. Subject to clauses 8.4 and 8.5, delivery is available within Australia in our pre-defined delivery areas for all Goods.
5.4. For Big and Bulky Goods, delivery may be limited to metropolitan regions around Australia.
5.5. We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made.
5.6. Delivery Times are as follows:
- i) Australia wide (including capital cities and suburbs, and most regional areas): 4-7 Business Days
- ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;
5.7. All Boats & Caravans cannot guarantee that delivery will occur in the delivery time frames; and
5.8. All Boats & Caravans is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
5.9. During major sales events Orders may experience delivery delays. All Boats & Caravans will provide notification on the Website of such delays.
5.10. On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Restricted Goods). All Boats & Caravans may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
5.11. To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by calling us on (08) 9309 4200 after placing your Order. This includes, without limitation:
- a) restricted access or parking for delivery truck;
- b) restricted or limited access to the premises; or
- c) for Big and Bulky Goods, if you have narrow doors, spiral staircase or tight corners.
5.12. If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card will be left for you to collect the Goods (except Big and Bulky Goods) from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
5.13. You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
5.14. Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by contacting us on (08) 9309 4200 or make an online enquiry here. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any exchanges due to you changing your mind about your purchase will attract another Delivery Fee.
5.15. Insurance and express delivery are available upon request. Please contact us on (08) 9309 4200 for more information.
- Restricted Goods
6.1. If you Order Goods that are or contain Restricted Goods, you:
- warrant that you are aged 18 years or over;
- acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and
- you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
6.2. Where All Boats & Caravans has reasonable grounds for believing you have not complied with the above clause, All Boats & Caravans may cancel your Order and refund any money paid to us in respect of your Order. All Boats & Caravans may, at its discretion, charge you a fee to cover its administrative costs.
- Order cancellations and returns
7.1. Unless provided for under these Terms or as otherwise agreed by All Boats & Caravans, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
7.3. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
7.4. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
7.5. All Boats & Caravans will process any refunds within a reasonable time of agreeing to do so.
7.6. If the original payment was made:
- on a credit card, refunds will be processed on the same card as the original payment was made.
- by a combination of Gift Cards and credit card then:
- refunds will be processed on the same card as the original payment was made first.
- Return card for remaining amount will be emailed to the email address entered at the time you placed your order.
7.7. For In-Store Orders, where you paid in cash or by EFTPOS, you can obtain a refund by visiting us in-store.
7.8. Same Day Delivery Orders cannot be cancelled or changed once submitted. Same Day Delivery Goods can only be returned directly in-store.
7.9. Big & Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please call the us on (08) 9309 4200 or make an enquiry here if the product is faulty so that pickup can be arranged.
7.10. If you would like to make a return under the Returns Policy and you do not live nearby, please call us on (08) 9309 4200 or make an enquiry here to make an alternative arrangement.
- Product Recalls
8.1. If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Website as well as on our Social Media. You can return recalled Goods as instructed in the Product Recall notice.
8.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.
- Promotions and discounts
9.1. The Goods, Prices, and promotions offered on the Website may not be the same as those in-store.
9.2. You may receive online offers and promotions, whether mailed to your home, distributed in-store, with your Order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
9.3. Certain offers, including cashback and bonus redemptions are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Cashback and bonus offers redemption may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.
9.4. All references to times in promotions are based on the local time in Perth, Australia unless stated otherwise.
10.2 .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
10.11. Unless otherwise indicated in your account settings or at the time you placed your Order, All Boats & Caravans may send you marketing information
10.12. If you wish to change or update your online account information (including your email address, password or communication preferences), simply contact us on (08) 9309 4200 or make an enquiry here.
10.13. All Boats & Caravans reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
- Risk & Liability
11.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when collected in store through Click & Collect.
11.2. Our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11.3 All Boats & Caravans may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the 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.
11.4. All Boats & Caravans excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
11.5. You represent and warrant to All Boats & Caravans that All Boats & Caravans will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
11.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
- for convenience, at any time, on giving notice to you; or
- immediately if All Boats & Caravans reasonably believes that you have breached these Terms and:
- that the breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).13. Definitions
The following definitions apply to these Terms.
Big & Bulky Goods are goods for which extra handling and additional resources are required for delivery. Different Delivery Fees and requirements may apply. To check whether Goods you are ordering are Big & Bulky, view the Delivery tab on the product information page, or speak to a Online Customer Service member via this form.
Business Day means a week day in which trading banks are open for the transaction of banking business in Perth, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by All Boats & Caravans to deliver Goods.
Delivery Fee means a fee for the delivery of Goods.
Gift Card means a preloaded All Boats & Caravans Gift Card through which you or a recipient may make non-cash payments for goods or services from the All Boats & Caravans store or online
Goods means the items offered for sale on the Website, through our In-Store Ordering system and through our Customer Service Centre.
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.
Order means a request by you to purchase Goods from All Boats & Caravans under these Terms (whether through the Website or an In-Store Order)
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website, on the In-Store Order confirmation or provided by a Customer Service Centre representative.
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means the All Boats & Caravans Returns Policy.
Website means the sites available from www.allboatsandcaravans.com.au
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.
We, Us, Our and All Boats & Caravans means All Boats & Caravans (ABN 25 585 638 545).
You and Your means you as the purchaser of Goods from All Boats & Caravans pursuant to these Terms.