In these Terms and Conditions "Eco-camper" means Kimberley Kampers Pty Ltd of 20-24 Piper Drive, Ballina, NSW 2478 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
You may place an Order by filling in the Order Form on the Eco-camper Web Site and clicking the "Order" button. When you place your Order, we will issue you with Tax Invoice by email. Your tax invoice is your proof of purchase.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Eco-camper website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Eco-camper will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Eco-camper and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Eco-camper currently accepts Visa, MasterCard and American Express only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card payments after you click the "Submit My Order" button.
Your tax invoice is your proof of purchase.
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
If you are under the age eighteen (18) years you cannot place orders with Eco-camper.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Eco-camper suffer any damage or other losses as a result of a transaction entered into by a minor, Eco-camper reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Eco-camper.
Most products will be dispatched for overnight delivery within 48 hours of the date your payment is received.
Please allow an additional 5 days for delivery of large or bulky items depending upon the delivery location.
Where you have purchased a specialist product like the Fuel Cell which may require being dispatched from an overseas supplier, delivery time after payment processing may take up to several weeks via air freight. We will email to you the approx shipping time for non-stock products.
In all instances estimated delivery times will be displayed at the check out for your Product.
Eco-camper makes every effort to deliver your Product according to the estimated delivery times provided by Eco-camper at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post e-parcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
We may credit "Your Account" with a Refund Credit from time to time. Eco-camper will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product".
Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:
Any (applicable) Credit that may be in your in "Your Account" credit facility must first be applied towards payment of the Product (or Products);
Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by Visa, MasterCard or American Express.
You can only request to redeem the full amount of your Refund Credits held in "Your Account". To redeem your Refund Credits contact Customer Service email@example.com. We will only redeem Refund Credits by a cheque sent to your mailing address.
If you cancel a contract because of a breach of statutory condition (eg if the Product is Dead on Arrival), a refund will be payable.
If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit for unopened products within 14 days of delivery. This excludes all delivery costs.
If the Product is damaged or Dead on Arrival, Dead Soon After Arrival or a Later Defect Product, we have indicated below what you should do and how Eco-camper will respond to the problem.
Eco-camper will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
For further assistance with product returns contact us via email firstname.lastname@example.org
An Eco-camper Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging.
An Eco-camper Customer Service Representative will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to provide a full refund or a replacement product, depending on your choice.
Where Eco-camper has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Eco-camper.
If the Product is deemed by Customer Service NOT to be DOA, and is not covered by a warranty, Eco-camper may refuse to replace the Product or give you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.
When a refund is given, the returned DOA Product becomes our property.
If you find a defect in a Product within a reasonable time after delivery and before you have used it a lot (30 days as a rule of thumb) you should notify Eco-camper and your claim will be treated in the same way as a DOA product (see "Dead On Arrival Products").
If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is a LD Product. Eco-camper will exchange the LD Product where possible, or refund you the purchase price of the Product.
A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage. Only rarely will that period exceed one year and usually it will be much shorter.
Eco-camper offers a 1 year warranty on all items not covered by a manufacturer’s warranty, all other products are warranted in accordance with the manufacturers warranty period and terms. Eco-camper realises that there may be exceptions and understands that a product must be of reasonable quality and fit for purpose. If a customer believes that their Eco-camper product has not given them the value expected with the year after purchase, please contact the Customer Service Help Centre for assistance. Eco-camper will then determine whether to make a refund or provide a replacement.
We encourage the notification of claims within 90 days by offering to pay for the return of a Product where a claim is notified within that time and we provisionally determine that the Product is LD. Other cases will be considered on their merits.
Where claims are made more than 90 days after delivery, we will need full details about the way the LD Product has been used and it may be necessary for us to make further inquiries.
When a claim for a LD is made, a Eco-camper Customer Service Representative will provisionally determine whether the Product is LD. Where a Product is provisionally determined as LD we will arrange to provide a replacement product or a refund.
Where Eco-camper has provisionally determined that a Product is LD, return shipping will be arranged at the expense of Eco-camper if the claim has been notified to us within 90 days of delivery. Other cases will be considered on their merits.
If the Product is deemed by Customer Service NOT to be LD, and is not covered by a warranty, Eco-camper may refuse to replace the Product or give you a refund for the Product.
Where a refund is given for a LD product, it may be given as a Refund Credit to Your Account.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same warranty as the returned Product.
A Return Authorisation (RA) number is required for replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, DSAA or LD, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to Eco-camper within 30 calendar days of the issuance of the RA. Where possible, all Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
DOA, DSAA and LD Products must be returned whenever we agree to provide you with a refund or replace the Product.
Where you received a DOA, DSAA or LD Product by Australia Post eParcel, Customer Service will email you a PDF voucher containing an RA which you must affix to the product. Eco-camper will pay for returned DOA or DSAA items automatically if you notify us of your claim within 30 days of delivery. For LD items the relevant period is within 90 days of delivery (other cases will be considered on their merits). You must then leave the Product at any Australia Post Office.
Where you have received a DOA, DSAA or LD Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.
When a Replacement Product is arranged:
A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA, DSAA or LD Product.
The delivery time for the replacement Product will be the same as stated for the original DOA, DSAA or LD Product.
Replacement Products are provided with the same warranty as the DOA, DSAA or LD Product from the date the Replacement Product is dispatched.
Some Products like Fuel Cells sold through Eco-camper are supported by the manufacturer in accordance with the warranty information provided with the product. Eco-camper recognises customers purchasing these products require a high level of support therefore we will contact the manufacturer or supplier for trouble-shooting should we be unable to resolve the issue. If the manufacturer or supplier is unable to assist, Eco-camper will replace the item, issue a refund or otherwise provide a remedy.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Eco-camper Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Eco-camper Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Whilst Eco-camper employs the latest in secure technology software for its transactions with our customers, Eco-camper will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Eco-camper. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Eco-camper reserves the right to change the Terms and Conditions of sale at any time.
No Eco-camper employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Eco-camper shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Eco-camper, and Eco-camper shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.