Returns Information & Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by Reverse Mate Pty Ltd. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Reverse Mate Pty Ltd. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Reverse Mate Pty Ltd  takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of   – © 2020. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

YOUR PRIVACY

Last updated: 12 September 2020

At Reverse Mate Pty Ltd, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

INFORMATION WE COLLECT FROM YOU

In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).

Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.

You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

HOW WE USE YOUR INFORMATION

Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.

Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

STORAGE AND SECURITY OF YOUR INFORMATION

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.

To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

SHARING YOUR INFORMATION WITH THIRD PARTIES

We do not and will not sell or deal in Personal Data or any customer information.

Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Reverse Mate Pty Ltd, our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

LINKS TO OTHER WEBSITES

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

 

CONTACT US

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at   and we will respond within 48 hours.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern ’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to   and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Reverse Mate Pty Ltd rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that   is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth),  ’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Reverse Mate Pty Ltd.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Reverse Mate Pty Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Reverse Mate Pty Ltd.

LINKS TO OTHER WEBSITES

Reverse Mate Pty Ltd may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between   and the owners of those websites Reverse Mate Pty Ltd takes no responsibility for any of the content found on the linked websites.

Reverse Mate Pty Ltd website may contain information or advertisements provided by third parties for which   accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Reverse Mate Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of   to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Reverse Mate Pty Ltd, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Reverse Mate Pty Ltd secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Reverse Mate Pty Ltd may be required, in certain circumstances, to disclose information in good faith and where   is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Reverse Mate Pty Ltd expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use Reverse Mate Pty Ltd reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us Reverse Mate Pty Ltd This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Reverse Mate Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Reverse Mate Pty Ltd concerning your use and access to Reverse Mate Pty Ltd website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

JURISDICTION

This agreement and this website are subject to the laws of Reverse Mate Pty Ltd and Australia. If there is a dispute between you and Reverse Mate Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of Reverse Mate Pty Ltd.

 

Reverse Mate Pty Ltd T/as RV Devices & Accessories (ABN 73644174032) (hereinafter “Seller”)

www.rvdevices.com.au

TERMS AND CONDITIONS FOR SALE OF GOODS

Please read the following important terms and conditions (“Terms”) before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to. By making a purchase on our Website, you agree to be bound by these Terms.

These Terms set our your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

(1) DEFINITIONS

In these Terms, the following definitions apply:

“ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

“Business Day” means a day which is not a Saturday, Sunday, public holiday or bank holiday in Queensland.

“Buyer”, “you” or “your” means you, the person or organisation that is purchasing the Products through our Website.

“Confirmation” means an email which we send you to confirm that we have accepted your order, in accordance with the “Ordering From Us” clause of these Terms.

“Delivery Date” means any estimated date for delivery of your Products, as stated on our Website or otherwise communicated to you at the time of your purchase.

“Goods and Services Tax” means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) or any other applicable law.

“Party” means either the Buyer or the Seller.

“Parties” means the Buyer and the Seller collectively.

“Price” means the price of our Products as published on our Website at the time that you make your purchase.

“Products” means the products that you are choosing to purchase through our Website which may include but is not limited to goods.

“Seller”, “we”, “us” or “our” means us, Reverse Mate Pty Ltd T/as RV Devices & Accessories (ACN 73644174032)

“Terms” means these terms and conditions as updated from time to time.

“Website” means our website located at www.rvdevices.com.au together with any affiliated websites or pages.

(2) INTERPRETATION

In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

(2.1) Words referring to one gender include every other gender.

(2.2) Words referring to a singular number include the plural, and words referring to a plural include the singular.

(2.3) If a word or phrase is defined in these Terms then any grammatical variations of that word or phrase have a corresponding meaning.

(2.4) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.

(2.5) Any reference to time is a reference to time in Queensland.

(2.6) In the event that something must be done under these Terms on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.

(2.7) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

(2.8) Headings and titles are included in these Terms for convenience only and shall not affect the interpretation of these Terms.

(2.9) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by it.

(2.10) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.

(2.11) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.

(2.12) A reference to a Party also includes that Party’s successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.

(2.13) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.

(3) SALE

By making a purchase through our Website, you are buying the Products subject to these Terms and you agree to be legally bound by these Terms.

(4) ORDERING FROM US

(4.1) Here we set out how a legally binding contract between you and us is made.

(4.2) You place an order on our site by doing the following:

The purchaser adds the product they want to purchase to the cart then proceeds to checkout to finalise your purchase.

(4.3) Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

(4.4) When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

(4.5) We may contact you to say that we do not accept your order. This is typically for the following reasons:

(4.5.1) the Product(s) are unavailable;

(4.5.2) we cannot authorise your payment;

(4.5.3) you are not allowed to buy the Product(s) from us;

(4.5.4) we are not allowed to sell the Product(s) to you;

(4.5.5) the number of Product(s) you have ordered is too large; or

(4.5.6) there has been a mistake on the pricing or description of the Product(s).

(4.6) We will only accept your order when we send you an email to confirm this (“Confirmation”). At this point:

(4.6.1) a legally binding contract will be in place between you and us; and

(4.6.2) your order will be fulfilled

(4.7) If you are under the age of 18 you may not buy Products from our site.

(5) DELIVERY OF PHYSICAL PRODUCTS

(5.1) This clause applies if you purchase physical Products from us.

(5.2) We use the following delivery services to deliver our physical Products:

Australia Post
Couriers Please
TNT
FedEx
DHL

(5.3) The estimated date and time window for delivery of the Products is set out in the Confirmation.

(5.4) If something happens which:

(5.4.1) is outside of our control; and

(5.4.2) affects the estimated date of delivery;

then we will let you have a revised estimated date for delivery of the Products.

(5.5) Delivery of the Products will take place when we deliver them to the address that you gave to us.

(5.6) We may be unable to deliver the Products if we are unable to properly identify you. Please be prepared to provide a form of ID (riving licence) on delivery of Products.

(5.7) Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we will:

(5.7.1) let you know;

(5.7.2) cancel your order; and

(5.7.3) give you a refund.

(5.8) If nobody is available to take delivery, please contact us using the contact details below.

(5.9) You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.

(5.10) We may deliver your Products in instalments. To check if your Products may be delivered in this way, click on the check the delivery details during the online checkout process.

(6) PAYMENT

(6.1) We accept the following means of payment:

Visa
Mastercard
Pay Pal
AMEX
JCB

(6.2) We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

(6.3) Your credit card or debit card will only be charged when you confirm your order.

(6.4) All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.

(6.5) If your payment is not received by us and you have already received any Products, you:

(6.5.1) must pay for such Products within 30 days; or

(6.5.2) must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.

(6.6) If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.

(6.7) The price of the Products:

(6.7.1) is in Australian dollars ($AUD);

(6.7.2) includes GST at the applicable rate; and

(6.7.3) does not include the cost of delivering the Products (delivery options and costs will be provided before you place your order).

(7) PRICES

(7.1) The Prices for our Products may be updated from time to time.

(7.2) Up to date Prices for our Products are published on our Website.

(7.3) By making a purchase on our Website, you agree to the up to date Price(s) for your selected Products, as published on our Website at the time of your purchase.

(8) TAXES, DUTIES AND OTHER CHARGES

(8.1) Unless otherwise stated, our Prices do not include Goods and Services Tax, insurance, shipping and/or delivery costs and import charges (such as customs duties or levies) or other applicable taxes of duties.

(8.2) By making a purchase on our Website, you acknowledge that you are responsible for any Goods and Services Tax, insurance, shipping costs and import charges (such as customs duties or levies) or other applicable taxes of duties.

(9) SHIPPING AND DELIVERY COSTS

(9.1) Unless otherwise stated, you agree to pay any applicable shipping and/or delivery costs related to your Products.

(9.2) Shipping and/or delivery costs vary depending on your chosen delivery method and delivery location.

(9.3) Applicable shipping and/or delivery costs are published on our Website at the time of your purchase.

(9.4) By making your purchase, you agree to the applicable shipping and/or delivery costs as published on our Website or communicated to you at the time of your purchase.

(9A) RETURN SHIPPING

If a product is deemed faulty and is required to be returned, RV Devices & Accessories will provide a Postage Paid label. This only applies to claims made within 60 days from purchase. Any claims made outside this period will be considered a warranty claim and postage will therefore need to be incurred by the customer.

For any change-of-mind or incorrectly chosen purchases that need to be returned, the cost of return postage will be incurred by the customer.

• All returns must include a copy of the order invoice with reasons for return to ensure faster processing.
• Shipping insurance is encouraged as items that are lost or damaged upon return will not be our responsibility.
• In the event that a return has been assessed, denied, and deemed to be returned to the customer the cost of return postage will be incurred by the customer.

(10) SOLD “AS IS”

You agree that the Products are being sold “as is”, without any warranty of any kind, either express or implied (except as required by law), regarding the condition of the Products. You expressly disclaim any implied warranties of merchantability or of fitness for a particular purpose.

(11) TITLE

Title to the Products will remain with the us until we have received the Purchase Price in full together with any applicable taxes, duties, shipping or delivery costs or other fees or charges payable to us by you in relation to your Products.

(12) LIMITATION OF LIABILITY

(12.1) The Buyer may have certain rights under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws.

(12.2) The ACL may give the Buyer certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Seller, which cannot be excluded, modified or restricted by the Seller (“Statutory Rights”).

(12.3) The Seller’s liability to the Buyer is governed solely by the ACL and by these Terms. To the maximum extent permitted by law, and except as otherwise expressly provided in these Terms, the Seller excludes all conditions and warranties implied by custom, law or statute, except for the Buyer’s Statutory Rights, and the Seller expressly disclaims all warranties of any kind including but not limited to implied warranties that the Products are fit for a particular purpose.

(12.4) The Buyer hereby agrees that the Buyer is solely responsible for evaluating the Products and for determining whether the Products are fit for the Buyer’s purpose.

(12.5) The Buyer hereby agrees that the Seller is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Buyer’s use of the Products. For the sake of clarity, in no event will the Seller be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Seller.

(12.6) When the Buyer’s Statutory Rights apply, to the maximum extent possible, the Seller’s liability in respect of any claim is limited to, at the Seller’s option:

(12.6.1) A repair of the Products; or

(12.6.2) A replacement of the Products; or

(12.6.3) A refund of the Purchase Price paid by the Buyer.

(12.7) The Seller’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(12.8) Subject to the sub-clauses below titled “Exceptions”, we shall not be liable for any of the following (whether direct or indirect):

(12.8.1) loss of profit;

(12.8.2) loss or corruption of data;

(12.8.3) loss of use;

(12.8.4) loss of production;

(12.8.5) loss of contract;

(12.8.6) loss of opportunity;

(12.8.7) loss of savings, discount or rebate (whether actual or anticipated); or

(12.8.8) harm to reputation or loss of goodwill.

(12.9) Exceptions:

(12.9.1) The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.

(12.9.2) Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:

(12.9.2.1) death or personal injury caused by negligence;

(12.9.2.2) fraud or fraudulent misrepresentation;

(12.9.2.3) any other losses which cannot be excluded or limited by applicable law;

(12.9.2.4) any losses caused by wilful misconduct.

(12.10) This clause will survive the termination or expiration of these Terms.

(13) CONFIDENTIALITY AND INTELLECTUAL PROPERTY

(13.1) For the purpose of this clause, “Intellectual Property” may include but is not limited to:

any and all inventions, patents, utility models, design rights, copyright, know how, trade secrets, trade marks, trade names, confidential information, service marks and goodwill subsisting in, resulting from or relating to the Products, or any documents, drawings, specifications and/or patterns relating thereto either:

(13.1.1) supplied by us to you in connection with the Products, or

(13.1.2) supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms, or

(13.1.3) resulting from the Products, unless otherwise expressly agreed by the Seller in writing.

(13.2) You shall not, under any circumstances acquire any right in or to any Intellectual Property.

(13.3) We shall have the right to apply any trade marks, trade names and/or service marks to the Products. You acknowledges that no rights are granted to you by the use by you of such trade marks, trade names and/or service marks. You shall not deface, remove or obliterate any trade marks, trade names or logos applied by the Seller on or in relation to the Products.

(13.4) If you shall in any way acquire any such rights in any Intellectual Property then you shall immediately inform us and shall forthwith take such steps as may be required by the Seller to assign such rights or vest such title in us.

(13.5) The Parties each respectively acknowledge and agree that unless otherwise expressly agreed between the Parties, the terms of these Terms, and the fact that these Terms exists, are confidential.

(13.6) You shall keep confidential and not use, without the prior written consent of us, all or any information including without limit, that information supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of yours, or disclosure of the same is required by law or by any other governmental or other regulatory body.

(13.7) This clause will survive the termination or expiration of these Terms.

(14) INDEMNITY AND INSURANCE

(14.1) You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.

(14.2) You shall have in place contracts of insurance with reputable insurers incorporated in Australia to cover your obligations under these Terms. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.

(15) RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

(16) TERMINATION

(16.1) In addition to any other rights that are set out in these Terms, if either Party defaults in its obligations under these Terms (“Defaulting Party”), the other Party can terminate the contract created between us under these Terms by providing written notice to the Defaulting Party.

(16.2) If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.

(17) WARRANTIES REGARDING LEGAL ADVICE

(17.1) Each Party, (which for the purposes of this clause shall be referred to as the “Warranting Party” as the context requires) hereby respectively warrants:

(17.1.1) that the Warranting Party fully understands the terms of these Terms.

(17.1.2) that the Warranting Party has had the opportunity to obtain independent legal advice in relation to the matters addressed by these Terms and the Warranting Party has either:

(17.1.2.1) taken such independent legal advice; or

(17.1.2.2) elected not to take such independent legal advice.

(17.1.3) that the Warranting Party has not been induced to enter these Terms by any representation(s) made by the other Party or by any officer, employee, director, agent, contractor, assignee, successor or other representative of the other Party, except as provided in these Terms.

(17.2) This clause will survive the termination or expiration of these Terms.

(18) DISPUTES

(18.1) We will try to resolve any disputes with you quickly and efficiently.

(18.2) If you are unhappy with:

(18.2.1) the Product(s);

(18.2.2) our service to you; or

(18.2.3) any other matter;

please contact us as soon as possible using the details provided in the “Contact Us” clause, below.

(19) UPDATES TO THESE TERMS

(19.1) These Terms may be updated from time to time.

(19.2) The latest version of these Terms is displayed on our Website and/or at the bottom of these Terms.

(19.3) By making a purchase on our Website, you agree to these Terms, including any updates, as published on the Website at the time of your purchase.

(20) GENERAL PROVISIONS

(21) GOVERNING LAW: these Terms shall be governed in all respects by the laws of Queensland and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within Queensland.

(22) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.

(23) ASSIGNMENT: these Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party except with the other Party’s prior written consent.

(24) AMENDMENTS: these Terms may only be amended in writing signed by both Parties.

(25) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in these Terms, any rights, remedies or powers which a Party acquires under these Terms are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in these Terms, nothing in these Terms shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that Party may have.

(26) SURVIVAL OF OBLIGATIONS: At the termination or expiration of these Terms, any provisions of these Terms which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination and/or expiration.

(27) NO WAIVER: None of the terms of these Terms shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of these Terms between the Parties. No waiver of any term or provision of these Terms shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of these Terms shall not constitute waiver of such term or any other term.

(28) SEVERABILITY: If any provision or term of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in these Terms.

(29) ENTIRE AGREEMENT: In relation to the subject matter of these Terms, these Terms constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

(30) COUNTERPARTS: these Terms may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, these Terms is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.

(31) FURTHER ACTS: Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to these Terms and to the rights and obligations of the Parties created under these Terms.

(32) FORCE MAJEURE/EXCUSE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Seller is not liable for any delivery delay or non-performance caused by labor or transportation disputes or shortage, material delays, or delays or non-performance caused by any of Seller’s suppliers. If Seller is unable to perform for any reason within 30 (thirty) days after the expected date of delivery, Seller may terminate these Terms in full and provide a complete and total refund to Buyer of any fees paid.

(33) CONTACT US

(33.1) If you do not understand any of these Terms and want to talk to us about it, please contact us by email: [email protected]

Telephone: 07 30920647.

2A Porter Street

REDCLIFFE 4020

QUEENSLAND

AUSTRALIA

www.rvdevices.com.au  

We may record calls for quality and training purposes. Please note that calls will be answered at the following times:

Monday to Friday 9am – 5pm

(34) RETURNS

RV Devices & Accessories are committed to customer satisfaction. If there is a problem with the product supplied contact us (see the details below) and we will attend to your issues in a timely matter.

(35) CHANGE OF MIND OR INCORRECT CHOICE.

For any purchases where a change-of-mind occurs or an incorrect item has been chosen, you have up to 30 days from time of delivery to return the product (at your own cost) for an exchange or a refund.

These items must be returned in their original, undamaged condition, in the original packaging prior to an exchange or refund being made for the value of the item, Once the returned item is received, it will be assessed to ensure it is in the original condition and packaging, if the item isn’t in full resalable original condition the returns department will assess, a restocking fee may be applied based upon the assessment.

Change of mind exchanges or refunds will be for the amount paid for the product only. Any freight charges incurred do not form any part of the refund.

In order to obtain a refund for change of mind, you must first return the product(s) at your own cost.

Under no circumstances will we issue a refund before we have received your product back to our premises and checked it as being in the original unopened and undamaged packaging.

(36) PRODUCT DAMAGED OR NOT OPERATING CORRECTLY

RV Devices & Accessories has sent you a different product from what you have ordered, we are truly sorry and really didn’t mean to. Items can also be damaged whilst on their way to you unfortunately, for which we are sorry and want to correct as soon as possible. Please take a few photos of what you have received (any part /item numbers visible would be a great help). We will do our best to have the incorrect item returned as soon as possible and the correct item sent out to you. You do need to advise however within 5 business days from the time of delivery and before the item has been used, unpacked from its manufacturer’s packaging.

 (37) WARRANTIES

If a product is defective, please submit a request (see details of this process below) as soon as you are made aware of the problem. A repair, replacement, or refund will be organised and will generally occur after consulting with the manufacturer or supplier.

Any repairs that may need to be carried out will be done so by the manufacturer and not by RV Devices & Accessories. If a repair cannot be made, will endeavour to have the item replaced or a refund will be offered.

Note: Goods are only warranted for defects in manufacturing. The standard warranty across most products is 12 months unless otherwise specified by the manufacturer.

(38) WARRANTY DOES NOT COVER:

• Damage resulting from improper use
• Damage caused by faulty installation or modification made during installation,
• Damage caused by mould, insects, animals, misuse, incorrect operation, adverse weather, accidents and fair wear and tear

(39) INCORRECT OR DAMAGED ITEM SENT

If RV Devices & Accessories has sent you a different product from what you have ordered please contact us at [email protected]  Please take a photo of what you have received. We will arrange a postage label for the incorrect item to be returned You do need to advise however within 5 business days from the time of delivery and before the item has been used, unpacked from its manufacturer’s packaging.

(40) FAULTY PRODUCT

Under the Australian Consumer Law, you can choose a refund or exchange if an item has a major problem. This is when the item:

• has a problem that would have stopped someone from buying the item if they had known about it;
• is unsafe;
• is significantly different from the sample or description; or
• doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
• Goods should also be carefully inspected for marks, scratches, or any damage prior to installation. No warranty claims of this nature will be accepted once fitted or modified

(41) LAST UPDATED

These Terms are current and up to date as of: 15th October 2023

By making a purchase on our Website rvdevices.com.au, you agree to be bound by these Terms.

 

Our Responsibilities Under General Data Protection Regulation (GDPR)

If you are a resident of the EU or UK you have certain rights and protections under the GDPR regarding the processing of your Personal Data.

We collect, use and store your Personal Data to enable us to provide you with our goods or services and information about them. We rely on the following lawful means of processing your Personal Data:

• Where it is necessary to fulfil a contract with you. This includes where we collect your Personal Data to enable us to send you our goods or provide you with our services.
• Where you have given us valid consent to use your Personal Data. We will rely on that consent and only use the Personal Data for the specific purpose for which you have given consent. This includes where we email newsletters or send mobile phone notifications.
• We may also process your Personal Data where it is to further our legitimate interests which could include usage statistics, analytics and internal analysis so we can improve our services to you.
• YOUR RIGHTS AS AN EU OR UK RESIDENT

If you are a resident of the EU or UK you have various rights including the:

• Right to be informed;
• Right of access;
• Right to rectification;
• Right to object;
• Right to restriction of processing;
• Right to erasure or to be forgotten;
• Right to data portability; and
• Right not to be subject to automated processing.

If you want to access your Personal Data or ask for the information to be corrected, please contact us. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your Personal Data. If you would like to limit or request deletion of your Personal Data or exercise any other rights you can do so by contacting us.

WITHDRAWING YOUR CONSENT

You can withdraw your consent to our collection or processing of your Personal Data. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your Personal Data, you may not have access to our services and we might not be able to provide you with our services. In some circumstances, where we have a legal basis to do so, we may continue to process your information after you have withdrawn consent. For example, if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.

OUR COMPLIANCE

We comply with the GDPR protection directives set out by the EU and UK regarding the collection, use and retention of Personal Data from EU member countries and the UK. All Personal Data stored on our platform is treated as confidential. It is stored securely and is only accessed by authorized personnel. Our collection is limited in relation to what is necessary, for the purpose for which the Personal Data is processed, and kept only for so long as is necessary for the purpose for which the Personal Data was collected. We implement and maintain appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing or use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of Personal Data and we have adequate cyber security measures in place.

YOUR ACKNOWLEDGEMENT

By providing us with your Personal Data, you consent to us disclosing it to third parties who reside outside the EU or UK. We will ensure that those third parties are GDPR compliant.