Terms and Conditions

In these terms, we also refer to CAMP CUP TM ABN 74 785 593 447 as “Camp Cup” “our”, “we, or “us”. These terms were last updated in August 2024.

What are these terms about?

These terms apply when you Enquire, accept a Quote or purchase our Products through this Website (“Products”).

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. Those parts are:

PART A: Terms for when you Enquiry and buy Products (applies when you buy)

PART B: Liability and warranties, and interpretation provisions (applies to buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

How do the terms apply?

Once you place an Enquiry, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

PART A

1. Submitting an enquiry

(a) By submitting an enquiry for purchase of a Product using the Website's functionality or otherwise in writing (Enquiry) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Enquiry.

(b) Submitting an Enquiry constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with a quote for the Products you have Enquired about (Quote).

(c) Once you accept our Quote or otherwise executed this document, these terms will be considered a binding agreement between us.

(d) Part A of these terms is not agreed between you and us until you have accepted our Quote and you receive an email from us confirming that your order is being processed.

2. Enquiries and Quotes

(a) Quotes are Final: Once you accept a Quote, no changes can be made to that Quote, and the Quote is final.

(b) We accept no responsibility for any errors as a result of verbal miscommunication related to any Quotes. We encourage you to submit all Enquiries in writing.

(c) We try to process Enquiries the same day they are received but there may be unforeseen delays due to high volume of Enquiries or unforeseen circumstances. We cannot guarantee delivery times when using a third party delivery service as there are situations beyond our control.

(d) Custom Enquiries: Custom Enquiries are as agreed in writing. You are responsible for confirming that your Enquiry and our Quote accurately specifies (if applicable) the quantity, dimensions, colours and specifications of the goods required before accepting any Quote. We will not be responsible for any issues with the Quote or Product for your non-compliance with this clause or due to you not having provided adequate design instruction or information.

(e) Bulk Enquiries: Where we offer any bulk discounts for bulk Product, that discount only applies to the one invoice. Bulk discounts will not be applied to split invoices.

(f) International Enquiries: Camp Cup reserves the right to refuse international Enquiries. Approved international Enquiries may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Product being held at customs. We will not be liable for any costs you may incur in having your Product released from customs, including reimbursing you for any customs or import duties you may pay.

(a) After receiving your Enquiry, we will endeavour to provide you with a Quote for the Products you have requested as soon as we are able to. This Quote will include an price, shipping costs, a mock-up of the Product design and a technical drawing of the Product.

(b) Your written acceptance of the Quote we provide (or your other execution of these terms) will be considered your acceptance of these terms and these terms will apply to your purchase of our Products.

(c) Product Samples: It is recommended that all orders include a one-off sample of your Products as an example of the likely finished Product (Sample). There will be a separate fee associated with this Sample. For smaller orders, this can be a pre-existing Sample while for larger orders, we recommend this is a Sample of the specific product you intend to receive.

(d) If you proceed with accepting a Quote for Products without requesting or accepting a Sample that we have recommended, you acknowledge and agree that this will be at your own risk and that the below clause 7.4 (Returns and Exchanges) will not apply to the Products you receive.

4. Products and disclaimers

(a) Products may vary from Website and Quote: Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website or in any Quote and images are only an indication of Products. We also use images from our manufacturers which may differ from the actual Products supplied. We will endeavour to ensure that our Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Enquiry.

(b) Products may vary due to manufacturing process: You acknowledge and agree that due to the manufacturing process used, the final Product may vary in appearance in comparison to images provided in a Quote and in comparison, to other Product within the same order in larger order sizes. You acknowledge and agree that we will not provide any refunds or exchanges for Products that, in our reasonable opinion, vary in appearance due to manufacturing process under this clause.

(c) Minor imperfections due to manufacturing process: You acknowledge and agree that due to the manufacturing process used, there may be minor imperfections in Products, and that clause 7.4 will not apply to such imperfections.

(d) Care instructions: Due to the nature of the Products, it is necessary to care for the Product according to the instructions provided by us. You acknowledge and agree that it is your responsibility to pass on these care instructions to the end user and, where care instructions have not been followed, clause 7 of this agreement will not apply.

(e) Manufactured Products Materials Disclaimer: As the availability of materials is not always certain whether due to changes in nature or otherwise, we reserve the right to substitute alternate materials in the manufacture of our Products to maintain supply.

(f) The user of the Product is solely responsible for compliance with all laws and regulations applying to the use of the Products, including intellectual property rights of third parties.

(g) Until the price of your Products is paid in full, title in those Products is retained by Camp Cup. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.

5. Payment

(a) All prices are:

(i) per unit (except where indicated);
(ii) in Australian Dollars;
(iii) exclusive of delivery and shipping; and
(iv) subject to change prior to you accepting a Quote without notice.

(b) Payment obligations: Unless otherwise agreed in writing, you must pay for all Products at the time of accepting our Quote and prior to production beginning. We must receive confirmation of your payment before we can process your order. We may require you to email or otherwise send us verification of your payment (particularly if you pay via direct deposit or money Enquiry).

(c) GST: Unless otherwise indicated, amounts stated on the Website exclude GST. In relation to any GST payable for a taxable supply by Camp Cup, you must pay the GST subject to Camp Cup providing a tax invoice.

(d) Card surcharges: Camp Cup reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(e) Online payment partner: We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) Pricing errors: In the event that we discover an error or inaccuracy in the price at which our Quote was accepted (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Products at the correct price, or cancelling your order. If you choose to cancel your Enquiry and payment has already been debited, the full amount will be credited back to your original method of payment.

6. Delivery and shipping

(a) Delivery Costs: Delivery costs will be included in the Quote.

(b) Delivery Issues: Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should first be directed to the delivery service provider (e.g. Australia Post). If your delivery service provider cannot assist you, you may contact us and we will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that Products will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries. We do not provide the delivery service and there may be circumstances outside of our control (such as unforeseen events or natural disasters) that delay or otherwise affect your delivery. You may the option to choose your delivery service on our Website.

(c) Delivery Estimates: All delivery times provided to you or listed on our Website are estimates only. We cannot guarantee delivery by any date as we use third party delivery services. Please keep this in mind when accepting any Quote.

(d) Acceptance of Delivery: You must ensure you are available for delivery of the Products on the delivery date given to you by the third party delivery service. We may require you to sign for delivery or otherwise indicate acceptance of the Products. It is your responsibility to make sure you are available for delivery or otherwise pick up the Product. We will not accept any responsibility of liability for any delay in delivery or acceptance of the Product due to your fault. You are responsible for ensuring you provide us with the correct address details.

(e) Verification and Acceptance of Quotes: You must check your Products when they arrive to ensure that they match the Quote. Any issues with Products, such as claims, errors or discrepancies must be reported immediately. All Products will be deemed to be accepted within 7 days of delivery.

7. Changes to your order

7.1 CANCELLATION BY US

We reserve the right to cancel your Quote for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment, or if we cannot get in touch with you, we will provide you with a store credit.

7.2 CANCELLATION BY YOU

You may cancel your accepted Quote up to the time that we confirm your Quote in writing to you. Once we confirm your Quote, your acceptance is binding and cannot be changed by you. However, our refunds and exchanges process in clause 7.4(b) may apply.

7.3 CHANGE OF MIND

(a) We do not offer change of mind returns.

7.4 REFUNDS AND EXCHANGES

(a) 7 day discrepancy partial refund: Subject to clause 4 and any applicable laws, if within 7 (seven) days of receiving your Products you contact us to report a discrepancy, we will negotiate a refund (the quantity of which will depend on the context of the scenario) for a Product if we determine that:

(i) a Product you have ordered or accepted a Quote for was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you accepted a Quote for as displayed in the original Quote (subject to reasonable variation as a result of the manufacturing process, screen display, colour and brightness, image quality); or
(iii) a Product is faulty, in accordance with clause 7.4(b).

(b) Any returns, refunds or exchanges will not be accepted after 1 months of the Enquiry date.

(i) Minor imperfections as a result of the manufacturing process will not be considered a fault under this clause.
(ii) If you believe your Product is faulty, please contact us by sending an email to hello@campcup.com.au with a full description of the fault (including images).
(iii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iv) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(v) If we determine that the Product is faulty, you will be credited the an amount paid based on the fault and you may request a refund, exchange or store credit. We may require you to pay for shipping costs, depending on your purchase. We will discuss shipping costs with you. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request. If we cannot contact you, we will provide you with a store credit and you may request a refund at a later date.
(vi) If you fail to comply with the provisions of this clause 7 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vii) Nothing in this clause 7 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

8. Intellectual Property

(a) You warrant that any images, logos, patterns, designs or other artwork you provide to Camp Cup in your Enquiry and that you accept as part of any Quote (Design) does not infringe any third party intellectual property rights and you grant Camp Cup an irrevocable, royalty-free licence to use the Design solely for the purposes of providing you with the Products.

(b) Subject to clause 7(a) Camp Cup retains all intellectual property rights in the general design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

(c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

9. Third party suppliers

(a) We may do any of the following:

(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers;

without further notice to or permission from you.

(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Enquiry, or are negligent in providing services or goods.

10. Publishing photos online / social media

You may publish photos of the Products online or on social media (or both), and we ask that you please provide accreditation to Camp Cup by reference or hashtag. We reserve the right to require you to remove any posts that feature the Products or remove any accreditation to us.

PART B

11. Liability

(a) To the maximum extent permitted by applicable law, Camp Cup limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Camp Cup to $100 AUD.

(b) Claims for loss of or damage to Products in transit must be made against the carrier.

(c) Products sold by Camp Cup, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

(d) All other express or implied representations and warranties in relation to Products and the associated services performed by Camp Cup are, to the maximum extent permitted by applicable law, excluded.

(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(f) Indemnity: You indemnify Camp Cup and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':

(i) breach of any of these terms;
(ii) breach of any third party intellectual property rights;
(iii) use of the Website; or
(iv) use of any goods or services provided by Camp Cup.

(g) Consequential loss: To the maximum extent permitted by law, under no circumstances will Camp Cup be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Camp Cup (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

12. General

12.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

12.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

12.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

12.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

12.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

12.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

12.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

12.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

13. Notices

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,

whichever is earlier.