Terms & Conditions
These terms and conditions apply for all transactions that are processed through this Website, or are in any way transacted between L E Whittaker & Sons Pty Ltd trading as OZtrail Leisure Products (ABN 77 010 916 006) and You an end consumer purchaser of Our products. These Terms are included and inserted to and will apply to your Order. Other terms may also apply to this Order.
Compliance with these Terms
1. Compliance with these Terms
1.1. These terms and conditions apply for all transactions that are processed through the Website, or are in any way transacted between L E Whittaker & Sons Pty Ltd trading as OZtrail Leisure Products (ABN 77 010 916 006) and You an end consumer purchaser of Our products. These Terms are included and inserted to and will apply to your Order. Other terms may also apply to this Order.
1.2. You will be bound by these Terms for each and every Order processed via this Website and each occurrence will form a new agreement between You and Us.
2. Placing Your Order
2.1. You warrant to Us that the products purchased under this agreement are for personal use only and will not be used in a commercial act, or on-sold.
2.2. You may purchase from Us if you are aged 18 years or over and have an active mobile number at which you can be contacted.
2.3. If you place multiple consecutive Orders from Us through this Website or another method, there is no guarantee of consolidation of your Orders.
2.4. We reserve the right to accept or reject your Order for any reason up to and including after payment has been debited from your account or credit card. If your Order is rejected and payment has been previously debited, it will be refunded to you as soon as is practicable.
3. Availability of Product
3.1. Some products may be unavailable from time to time. We will endeavour to keep the Website up to date with availability information. However, should You order a product that is out of stock you will be refunded as soon as is practicable.
3.2. We may from time to time withdraw products from sale or offer at our sole discretion. This may be temporary or permanent.
3.3. We reserve the right to not honour incorrect offers placed on the Website made by genuine error of system or operator caused directly or indirectly by Us. If your Order is identified as being affected by an error, you will have the affected portion of your Order refunded.
3.4. You agree and understand that all images and diagrams are for illustrative purposes and product may not match the illustration.
4.1. Upon placement of your Order we will charge you and you agree to pay the pricing as presented to you at the time of ordering.
4.2. All prices unless specified otherwise are inclusive of Goods and Services Tax (GST) and will include the appropriate rate as it may be set.
4.3. All prices are denominated in Australian Dollars unless specified otherwise.
4.4. We reserve the right to change or alter prices without notice. If you have already submitted an Order at a set price, your products will be supplied at that price unless an error exists within the meaning of clause 3.3.
4.5. Payment will only be accepted by way of Visa and MasterCard.
4.6. Payments must be cleared for an Order to be submitted by You.
4.7. By making payment to Us You warrant that you are not doing so fraudulently.
5. Returns and Cancelled Orders
5.1. Unless provided for in writing by Us to You or as otherwise allowed for under these Terms no cancellations of Orders shall be allowed.
5.2. If your order cannot be completed You may be contacted by Us to facilitate a resolution, or we may at our discretion cancel your order and issue you with a refund of any monies payed as soon as is practicable.
5.3. No returns of product will be accepted without prior authorisation by Us. Unplanned deliveries to our distribution centres or retail outlets will be rejected.
5.4. If you would like to organise a return of a product for whatever reason you must contact our customer service contacts.
6. Product Recalls
6.1. If a product is subject to a product recall, notices will be posted in an appropriate section of the Website. The affected products may be returned should such a circumstance exist.
7. Incentives and Discounting
7.1. A price incentive or discount offered by the Website creates no requirement for a third party to offer the same or similar.
8. Personal Information
8.2. Unless otherwise indicated we will not disclose Your information to a third party other than for the fulfilment of Your Order, which includes acts directly related and incidentally related to fulfilment.
8.3. We reserve the right to alter these terms as they relate to personal information without notice to You.
9. Shipping Risk & Liability
9.1. Risk and title to goods passes upon the date and time of delivery to You, Your nominated delivery location or Your nominated agent.
9.2. 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.
9.3. Additional warranties may be provided to those accrued by operation of the Australian Consumer Law, the terms and conditions of each will be noted on the product and its packaging.
9.4. We exclude to the extent allowed under Law all implied terms and warranties relating to the subject matter of these Terms.
9.5. Our liability of loss and damage of any kind to You is limited to the value paid by you to us for the product.
9.6. You warrant to Us that you hold L E Whittaker & Sons Pty Ltd harmless for any expense or injury inclusive of direct and indirect loss of revenue, profits, anticipated saving, goodwill or opportunity in contract or tort, and under statute, howsoever caused inclusive or exclusive of acts in or of connection with the fulfilment of Your Order or as otherwise applies under these Terms.
10.1. We may at our discretion terminate any agreement to supply product to You.
10.2. We may terminate any agreement upon notification to You, or immediately without notification if we believe You have breached these terms.
11. General and Savings
11.1. If any part of these Terms are unenforceable at Law they will be read down to a point where such is possible, or severed from the Terms.
11.2. The Law of Queensland Australia governs this agreement, and your transaction is agreed between You and Us to have occurred at Eagle Farm in the state of Queensland.
11.3. Any failure or election to not enforce a right or power accrued by Law or this agreement under these Terms by Us does not constitute a waiver of such right or exercise of power, or the exercise of such a right or power on future occasions.
12. Privity of Terms
12.1. This agreement does not apply to a person or company that does not transact in contract directly with Us for end-user consumption within the contemplation of clause 2.1.
12.2. This agreement does not apply to a person or company that transacts with a third party for the supply of Our product. Such transactions will be subject to the terms and conditions as offered and applied by the third party.
13.1. We, Us, and Our mean to L E Whittaker & Sons trading as OZtrail Leisure Products (ABN 77 010 916 006).
13.2. You and Your mean a purchaser or prospective purchaser of a L E Whittaker & Son Pty Ltd products specifically and solely through the website www.oztrail.com.au or directly and without intermediary with L E Whittaker & Sons Pty Ltd. For the sake of clarity, it wholly excludes a person or company that purchases an L E Whittaker & Sons Pty Ltd product through a third party.
13.3. Terms means this list of Terms and Conditions contained within, and known as the OZtrail Shopping Terms and Conditions.
13.4. Order means an offer to You to buy products on specific terms from Us.
13.5. Website means www.oztrail.com.au and the associated digital content to which it refers.