Terms & Conditions for Consumers by Thetford Australia Pty Ltd
Which covers Orders, shipping, complaints and general terms and conditions for using www.thetford.com.au. For all urgent enquiries, contact customer service on 03 9358 0700 or infoaus@thetford.com.au.
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 Thetford on 03 9358 0700 (option 1) or at infoaus@thetford.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 Thetford Australia to deliver the products you have ordered from www.thetford.com.au.
Delivery Fee means a fee for the delivery of the products, shown on the product page and calculated at checkout.
Thetford Distribution Centre means Thetford Warehouses located in Somerton Victoria, Australia.
GST refers to the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law refers to 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 www.thetford.com.au.
Privacy Policy means the Thetford Privacy Policy. To view the Thetford Privacy Policy please click on link: www.thetford.com.au/privacy-policy.
Those Indemnified means any of Thetford’s officers, contractors, employees and agents.
We, Us, Our and Thetford means Thetford Australia Pty Ltd (ABN 47 117 748 062 ).
you and your means you as the purchaser of products through the webstore pursuant to these Terms.
Terms of Use
Welcome to thetford.com.au.
These terms and conditions (Terms) govern the use of the Thetford Webstore (Site). These Terms are to be read in conjunction with our Privacy Policy. The privacy policy sets out how the Thetford Webstore will use your information and can be found at our Privacy Policy page. By using this store/site, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.
Thetford 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 store/site. You agree that use of the store/site by you, constitutes acceptance of the Terms.
Please note that the store/site is a platform for the sale of products offered by Thetford.
Orders
- 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 store/site and accepted by Thetford, at the time the store/site sends an order confirmation to your nominated e-mail address. If the products are not available or Thetford 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.
- Each order you place will be a separate contract.
- Each product in your order is sold by Thetford (including any third party products displayed on the store/site).
- Payment, including Delivery Fees (if applicable) is due at the time of submitting the order. Unpacking, assembly and installation fees do not form part of your Delivery Fee.
- An order confirmation and receipt of purchase will be sent to you via email once you have completed your transaction on the store/site.
- All products offered for sale from the store/site are for personal non-commercial use and not for commercial re-sale or for use by governments or educational institutions.
- The store/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 Thetford’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 store/site.
- Thetford 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 store/site, or in respect of any Claim arising in connection with use of the store/site. To the maximum extent permitted by law, you release Thetford and Those Indemnified against any Claim.
- 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.
- If Thetford 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 store/site.
- Without limiting any applicable law, any products you purchase can only be returned in accordance with these Terms.
- 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, at your discretion.
- Thetford may withdraw or suspend from sale any product displayed on the Site, either temporarily or permanently, at any time and without notice.
- 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.
- Without limiting clause 14 of these Terms, Thetford reserves the right to change or alter the Price without notice to you. If you have already submitted an order at a particular Price, we will supply your ordered products at that Price.
- 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 Thetford. If applicable and to the extent allowable at law, the consumer will be required to pay the return freight costs.
- The products, prices, and promotions offered on the Site may not be the same as those in a Thetford retail store, or a third party seller’s store or website, and Thetford will not price match.
- 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.
- 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 Thetford’s knowledge. You acknowledge that some dimensions may vary slightly, and Thetford 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)
- 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.
- Payment methods are specified on the Site and are subject to change.
- In paying or attempting to pay for products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- 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.
Shipping and Delivery
- 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.
- Products are delivered Australia wide using Australia Post, Sendle and other third party carriers.
- 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 Thetford will not be responsible, and without limiting any other provision of these Terms, you indemnify Thetford in relation to any Claim as a result of any delayed delivery of the products.
- 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.
- 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.
- 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.
- 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.
- Without limiting clauses 28 to 30, 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.
- You acknowledge that during certain periods such as 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. All requests are to be made writing to Thetford, 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 Thetford.
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 Thetford Australia does not exchange for change of mind. Thetford 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.
Feedback & Complaints
If you have a complaint about the Site, please contact our customer Service team by email info@thetford.com.au or phone 03 9358 0700.
General
- 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.
- 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.
- For the purpose of clause 36, if you are a consumer within the meaning of that term under Australian Consumer Law, Thetford 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.
- To the extent permitted by law, and subject to clause 37, Thetford liability to you, whether for a breach of these Terms or otherwise, shall at the discretion of the Thetford, be limited to the supply of equivalent products or the replacement of the products supplied to you.
- To the maximum extent permitted by law, you indemnify and agree to hold Thetford and Those Indemnified harmless against and from all Claims which may arise as a result of or in connection with Thetford’s supply of the goods, including the assembly of goods by you. Thetford 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.
- 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.
- 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, Thetford 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. Thetford takes no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
- Thetford 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. Thetford does not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
- Thetford’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.
- Thetford may, at its discretion, terminate the agreement for the supply of products to you: if Thetford reasonably believes you have breached these Terms or committed fraud; and that the breach is not capable of remedy or it is not remedied within the provided time period.
- 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.