Welcome Burnley Holdings Pty Ltd trading as "Camp Buddy" (ABN 31659089728) ("we", "us", “our” or the "Company"), your online camp gear retailer.
This website and our related services are made available to you in accordance with the following Terms of Use and Service and other rules posted on our site (collectively, the ‘TOS’). Your use of this site signifies your consent to be bound by the terms herein and that you have performed the necessary diligence and/or sought the necessary advice before relying or acting upon the content of this site.
ELIGIBILITY TO PURCHASE
In order to make purchases you will be required to provide your real name, phone number, email address and other requested personal information as indicated. You warrant that any payment details you provide are valid and correct and that you are the person referred to in the payment details and under billing information.
It is a condition of purchase that you are over the age of 18. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians.
VIOLATIONS
Without limiting any other remedies available to us, we reserve the right to, without notice temporarily or indefinitely, temporarily suspend or terminate your access to this site.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved unless indicated and may be purchased by other customers. We seek to only offer products for sale that are in stock and available for dispatch within a reasonable period of time. Occasionally however, we may be waiting for additional stock from our suppliers. Should this occur, we shall seek to notify you of the expected delivery date and you will be given the opportunity to refund your purchase if so desired.
All orders are limited for personal use only and we reserve the right to cancel any orders deemed to be for the purposes of commercial resale.
In placing your order, you understand and agree that the images, photographs, illustrations, packing images and/or any visual are representations of the products sold in the site and that the actual appearance of the products once delivered may vary.
ACCEPTANCE OF ORDER
By placing an order, you make an offer to us to purchase the goods, items and/or products, (collectively referred herein as ‘Products’. Once you have placed your order you will receive an email acknowledging the details of your order. This email is confirmation that we have received your order and NOT that we have accepted your order. Unless cancelled, the acceptance of your order and completion of contract between you and Camp Buddy will be completed when the goods have been dispatched. Title to, and risk in, the products will pass from us to you at that time. You will receive an email confirming shipment has taken place. The sale contract is therefore concluded in New South Wales, Australia.
At any time before your order is Accepted, you may: cancel your order; or if you determine that there was an error or mistake in the order you have placed, contact our support team to rectify the error or mistake. We do not guarantee that the order can be amended without cancelling it completely. In either event, you agree to pay all fees and/or costs associated with cancellation or modification of your order.
You acknowledge and agree that we reserve the right to accept only a portion of an order you have placed and cancel the remainder within seven (7) days from the date the order was partially accepted. If we accept the remainder of the order or parts thereof within the seven (7) day period, you agree that we may complete your order through multiple deliveries.
PAYMENT
Payment can be made by Visa, MasterCard and PayPal and any other methods which may be clearly advertised on the site from time to time. You confirm that the payment method that is being used is yours or that you have been specifically authorised by the owner of the payment method to use it.
All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
Processing of orders will not commence until payment for the order has been received by us in full and the order has passed our internal validation procedures, which are undertaken to prevent credit card and other fraud. In this regard, you authorise us to utilise any and all information you have provided it in order for it to perform any and all kinds of fraud and/or credit check it deems necessary to validate your identity, credit worthiness and such other matters pertinent thereto.
We take reasonable care to make our site secure. With a combination of SSL encryption on our website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online.
DELIVERY
We utilise a network of courier companies that may change from time to time depending upon your location and the location of our closest warehouse.
We will make reasonable efforts to deliver the products you have ordered within the timeframe specified on the checkout webpage of the site at the delivery address you have provided. In the event that we fail to deliver the Products you have ordered within the timeframe specified above, you agree that we shall not be liable for any expenses, losses, loss of profits or any and all kinds of damages that may arise from such late delivery.
By placing your order you agree that you or an authorized representative will be available to collect the order at the declared delivery address. If you're not present at the time of delivery, you grant us and our courier partners the authority to leave your order at your specific delivery address. Under this scenario you agree that we or the courier shall not be liable for any and all kinds of damages or losses that may arise from such delivery.
In the event that delivery cannot be effected, at the absolute discretion of the courier provider, they may elect to notify you and reroute your package to a local post office or alternative parcel pick-up for you to collect. If your order remains unattended after a reasonable period of time or if you have refused to accept the delivery of the order you will be liable to pay for all costs associated with storage. If your order remains uncollected after a period of at least two (2) weeks you agree to forfeit and/or cancel the order. In the event of cancellation, you agree that we can refund to you the amount you have paid less the following applicable charges: storages and stocking fees; expenses incurred in attempting to effect delivery of the orders; costs associated with the return of the order; and other reasonable fees and/or expenses.
Upon receipt of your order, you agree to take the necessary care and precaution in opening your package. You understand and agree any damage arising from your act of opening the package shall be borne exclusively by you.
PRICES
Unless otherwise specifically stated, all amounts and/or prices shown in the site are in Australian dollars (AUD). We reserve the right to change the prices for products displayed in this site at any time before you place an order. You agree that the price of a product reflected on its product page is the correct price regardless of the amount that may be shown in any other location.
We reserve the right to modify the price, if the price shown on the product page is incorrect due to any human and/or system error. In such cases, we may cancel your order even after it has been accepted but before you receive the items and refund to you the amount you have paid in accordance with the refund provisions contained in this TOS.
Shipping costs depend upon the location for delivery and is shown separately during checkout.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
RETURNS, EXCHANGES & REFUNDS
If you have placed an order with us and wish to retract your order we will provide you with a full refund, provided that you cancel your order before we have accepted your offer in accordance with the provisions in this TOS.
If you have received products that are damaged or faulty, please contact us within 7 days of receiving your order and we will refund the value of the damaged goods. We reserve the right to require proof that the products were damaged or faulty.
If you are not satisfied with a product, we offer full refunds excluding shipping costs on eligible products that are returned in original condition to our warehouse. To be eligible for a return the product/(s) must be initiated for return within thirty (30) days of the purchase date or within seven (7) days of the delivery date; the product must not be marked as ‘sale’ or ‘non-returnable’ at time of purchase unless faulty/damaged; the product is in its original condition, original packaging and is unused.
Refunds will be returned to the original payment method. We will seek to process your refund as quickly as possible, but please allow up to 3 business days for your refund to be processed after we receive your product.
INTELLECTUAL PROPERTY RIGHTS
Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights, including all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and all software, systems and other information owned or used by us in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).
You are permitted to use the content from this site only as expressly authorised by Burnley Holdings Pty Ltd. Any reproduction, transmission, republishing or preparation of derivative works from any of the content on this website except as otherwise expressly authorised may result in civil and criminal penalties.
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
CONTENT (WEBSITE, USER AND THIRD PARTY)
In addition to the Intellectual property rights mentioned above, content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. We do not promise that the Content is accurate or error-free. We may make changes to the Content, materials and services at this site, or to the products and services described in them, at any time without notice. The Content and services at this site may be out of date, and we make no commitment to update the materials and services at this site. The Content, products and services of our site are provided 'as is' without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Burnley Holdings’ obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this site should be construed to alter such agreements.
The personal opinions of the suppliers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Camp Buddy and we accept no responsibility for any such views expressed in any media.
This site contains some features that enable you and other users to upload user content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any user content at our absolute discretion. In respect of any user content you upload, you: represent and warrant to the us that your sharing of the user content does not infringe any copyright or other legal right of any other person; and grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of the content in any way at the our discretion.
CONTENT DISCLAIMER
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that: the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; this site will meet your requirements or expectations; anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date; the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations; errors or defects will be corrected; this site or the servers that make it available are free of viruses or other harmful components; or that the images, photographs, illustrations, packing images utilized in the site are representations of the products sold therein and that the actual appearance of the said products once delivered may vary.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these TOS, or the use of, or inability to use, this site by you or any other person.
You agree that your use of this site is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these TOS or the use of this site by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these TOS, we exclude liability for any delay in performing any of our obligations under these TOS where such delay is caused by circumstances beyond the reasonable control of Burnley Holdings Pty Ltd, and as such, Burnley Holdings Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.
INDEMNITY
You indemnify and hold harmless us and our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly): any material or information that you submit, post, transmit or otherwise make available through this site or any violation by you of the provisions governing the Intellectual Property provided in this TOS; your use of, or connection to, this site; or your negligence or misconduct, breach of these TOS or violation of any law or the rights of any person.
VARIATION
We reserve the right to amend these TOS and any other policy on this site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.
You may only vary or amend these TOS by written agreement with us.
GOVERNING LAW AND JURISDICTION
These TOS will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
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