Terms Of Service

Last updated: December 1, 2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.thebushcompany.com.au website (the “Service”) operated by The Bush Company Australia (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of The Bush Company Australia and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Bush Company Australia.

The Bush Company Australia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Bush Company Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Shipping Options

We offer a range of shipping options including delivery to home addresses, businesses and freight depots.

If you have any questions regarding shipping, please contact us by email at info@thebushcompany.com.au or by phone +61 (07) 5302 6948.

Local Pickup

Available for all items for collection from The Bush Company at 14 Cessna Street, Marcoola, QLD 4564. Please note that due to insurance and health and safety issues, you cannot self-fit your purchase on our premises.

Small Items (Aus Post)

By default all small items will be shipped with Aus Post. Our collection days for Aus Post are Tuesday and Friday so please be aware of this when selecting Express Post option. We aim to process all online order within 24 hours but collection can only be on Tuesday’s and Fridays.

Large Items (Courier Delivery)

Residential Delivery

’Residential Delivery ’ means a home or private residence, including locations where a business is operated from the home or private residence. For residential delivery of rooftop tents a forklift must be available at the delivery point and truck access, if this is not the case please contact us for a shipping quote to your nearest depot for collection. For all other items you specify in order notes it will be assumed that your items can left in a safe place at your home, in which case, The Bush Company is not accountable for any loss once delivery is made.

Business Delivery

For delivery of rooftop tents to a commercial business premises a forklift must be available at the delivery point and truck access, if this is not the case please contact us for a shipping quote to your nearest depot for collection.

Depot Collection

If you want to have you items delivery to a depot for you to collect (often the cheapest option for large items) please contact us by email at info@thebushcompany.com.au or by phone +61 (07) 5302 6948 to obtain a shipping quote.

Damage In Transit

If you elect to have your items left in a safe place for home delivery, there is no opportunity for you to check that the item has arrived in good condition prior to accepting it, so The Bush Company cannot be held responsible for any claim for damage in transit or theft of items after delivery.

If you have elected to sign for your items (required for all tents and awnings) When the shipment arrives, it is essential that you check it thoroughly for any signs of damage before signing to accept the shipment. This means checking the exterior box and if there are any signs of damage externally then the box should be opened, and the product examined for any signs of damage to the product itself. This needs to be done before you sign anything to say that the item has been received, the driver needs to wait until you are satisfied. If you are not satisfied with the condition of the item, then you are entitled to refuse delivery and the courier will have to return the product to us.

If you do not follow this procedure and it turns out that the item has been damaged in transit, then there is no way for us to claim on the freight insurance to cover any damage as you have signed to say that the product has been received in good condition. Once you have signed for the delivery the courier company will interpret this as the item being delivered in good condition. If you sign anything and are not satisfied you must ensure that this is noted by the driver in writing and obtain a copy that is signed by the driver.

CONDITIONS OF QUOTATION & SALE

In these conditions:

‘the Seller’ means The Bush Company Australia Pty Ltd t/a The Bush Company Australia or it’s appointed stockist.

‘the Buyer’ means the person or corporation placing an order with the Seller for the purchase of Goods or Services.

‘the Goods’ or ‘Services’ means those goods and/or services listed on the Buyers order and the Seller’s invoice(s) supplied by the Seller to the Buyer under a contract of which these conditions form part thereof.

Prices quoted by The Bush Company Australia Pty Ltd t/a The Bush Company Australia are firm for acceptance to 30 days from the date of written quotation. After 30 days from the date of written quotation prices are subject to confirmation
Should the Buyer require for goods to be stored by the Seller beyond the stated delivery times as shown on the Buyer’s order the goods, invoices for goods are due and payable as per Clauses 5, 6 & 8 of Conditions of Sales herein.
The tender of the goods and/or services is made on the condition that placement of an order with the Seller by the Buyer or its authorised agent shall constitute confirmation by the Buyer of his acceptance of an offer made by the Seller to sell the Goods and/or Services upon the conditions herein contained.
Unless otherwise noted in writing the Buyer requests the Seller to act as it’s agent for the purpose of arranging on the Buyer’s behalf and at the Buyer’s expense delivery of the goods by the Seller or it’s agent authorised for the purpose to the Buyer or as the Buyer directs.
For private individual Buyer’s insurance of the goods is to be arranged by the Seller and at the Buyer’s expense, any claims resulting from damage in transit are subject to the conditions outlined in ‘Damage In Transit’ above. For orders placed on the Seller by commercial entities and approved stockists’ insurance of the goods is to be arranged by the Buyer and at the Buyer’s expense from the moment property in the goods leaves The Bush Company Australia Pty Ltd t/a The Bush Company Australia’s premises.
Where the services referred to in Clause 5 are provided by the Seller, the Seller’s standard charge will be charged as set out on the invoice.
Terms of Payment: unless by prior agreement in writing by the Seller, all goods and services are to be paid for in full prior to them leaving The Bush Company Australia Pty Ltd t/a The Bush Company Australia’s premises.
Price Variation:
1. Prices are subject to change without notice.
2. GST will be charged at the appropriate rate ruling at the date of invoicing.
Supply and delivery of goods and services:
1. Any time quoted for delivery is an estimate only and without engagement. If the Seller is delayed by any circumstances or event beyond its reasonable control, then the Seller may suspend delivery or extend delivery times. The Seller shall under no circumstances be liable for any damages, expenses, costs or otherwise arising out of any delay in delivery.
2. Goods offered ex. stock are subject to prior sale.
3. Where an order covers a number of items the Seller reserves the right to allocate and invoice all or any of such items and normal terms of payment shall apply to each invoice.
Claims: No claim in reference to items on the Buyer’s invoice will be recognised unless such claim is made in writing within fourteen (14) days of the goods or services being received by the Buyer
Warranty: The Seller warrants in accordance with the terms of warranty and conditions specified to each product that in the event of any defect becoming apparent in the product due to either FAULTY MATERIALS or WORKMANSHIP within a period indicated by the Seller from the date of the original purchase, such defect will be rectified without cost for either labour or materials at the premises of the Seller, or it’s Authorised Service Agent. The Seller’s express warranty is additional to the rights and remedies available under the Trade Practices Act and other consumer laws. PROVIDED THAT the Buyer shall not be entitled to the benefit of any warranties or service from the Seller until the goods have been paid for by the Buyer.
Variations of Terms or Service or Conditions of Sale: No variations of these conditions and terms of sale shall be binding on the Seller unless agreed to in writing by the Seller.
These Seller’s Terms or Service or Conditions of Sale shall apply to all contracts arising from the Buyer placing an order with the Seller not withstanding any terms and conditions contained in or appended to the Buyer’s order.
The Buyer agrees and confirms by placement of an order on the Seller that he has read and fully understands the Terms or Service or Conditions of Sale contained herein.

REFUND POLICY

The Bush Company Australia Pty Ltd t/a The Bush Company Australia

This Refund Policy (“Policy”) applies to all purchases from us, unless stated otherwise.

(1) CUSTOMER SATISFACTION IS OUR PRIORITY

At The Bush Company Australia Pty Ltd t/a The Bush Company Australia, customer satisfaction is our priority.

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.

Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.

Please read this Policy before making a purchase, so that you understand your rights as well as what you can expect from us in the event that you are not happy with your purchase.

(2) AUSTRALIAN CONSUMER LAW

(a) Under the Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

– to cancel your service contract with us; and
– to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

(3) CHANGE OF MIND

We do not offer any refund if you simply change your mind, or find the same product or service cheaper elsewhere.

(4) OTHER RETURNS

(a) In addition, we may offer returns in the following circumstances:

For canvas items any repairs to seams or tears that are eligible for repair within the specified product warranty period upon presentation of proof of purchase from The Bush Company Australia or one of our authorised stockists.

(b) In order to be eligible for a return under these circumstances, you must:

Immediately stop using the product and contact our Customer Service Team to obtain confirmation that the item is eligible for return. The item in question is to be returned to The Bush Company Australia or our designated agent at the buyers expense.

(c) Any claims for a return under this clause must be made within the following time from the date you received the product: until the expiry of the item’s warranty period as stated by The Bush Company Australia.

(5) EXCEPTIONS

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service you purchased if:

(a) You misused the said product in a way which caused the problem.

(b) You knew or were made aware of the problem(s) with the product or service before you purchased it.

(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

(d) Any other exceptions apply under the Australian Consumer Law.

(6) SHIPPING COSTS FOR RETURNS

(a) In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the “Returned Product”) back to us, as well as any costs of shipping any replacement product to you.

(b) If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

(7) REFURBISHED PRODUCTS

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

(8) ASSISTANCE FROM MANUFACTURERS

(a) In some cases, manufacturers may provide assistance in relation to their products, and they may be able to resolve your issue more quickly.

(b) In some cases, manufacturers may provide warranties for their products, which go beyond the Consumer Guarantees under the Australian Consumer Law or any other rights which you may have under this Policy.

(c) You are not obliged to contact the manufacturer directly in order to seek a repair, replacement or refund. However, you may do so if you wish.

(9) RESPONSE TIME

We aim to process any requests for repairs, replacements or refunds within 30 days of having received them.

(10) HOW TO RETURN PRODUCTS

(a) You may contact us to discuss a return using the details at the end of this Policy.

(b) We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.

(d) You may be required to present a government issued identification document in order to be eligible for a refund, repair or replacement.

(11) CONTACT US

If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at:

By email – customerservice@thebushcompany.com.au Or By Phone +61 (0)7 5302 6948