Terms of Goods and Services
Terms of Goods and Services
These terms and conditions apply for all transactions that are processed through this Website, or are in any way transacted between Adventure Operations Australia Pty Ltd ABN [43 622 679 887] trading as Jamec Pem and You an end consumer purchaser of Our products. These Terms are included and inserted to and will apply to your Order. Other terms may also apply to this Order.
Compliance with these Terms
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Compliance with these Terms
1. These terms and conditions apply for all transactions that are processed through the Website, or are in any way transacted between Adventure Operations Australia Pty Ltd ABN [43 622 679 887] trading as Jamec Pem and You an end consumer purchaser of Our products. These Terms are included and inserted to and will apply to your Order. Other terms may also apply to this Order.
2.You will be bound by these Terms for each and every Order processed via this Website and each occurrence will form a new agreement between You and Us.
3. Nothing in these terms are intended to limit the rights that you have under the Australian Consumer Law. -
Placing Your Order
1. You warrant to Us that the products purchased under this agreement are for personal use only and will not be used in a commercial act, or on-sold for a commercial purpose.
2. If you place multiple consecutive Orders from Us through this Website or another method, there is no guarantee of consolidation of your Orders.
3. Due to the nature of our products, we cannot deliver to, and do not accept delivery addresses that are, a PO Box, Private Mail Bag, Couriers Depot or Parcel Locker. -
Availability of Product
1. Some products may be unavailable from time to time. We will use our best endeavours to keep the Website up to date with availability information. However, should You order a product that is out of stock you will be refunded as soon as is practicable.
2. We may from time to time withdraw products from sale at our sole discretion, provided these products are not part of a current promotion. This may be temporary or permanent.
3. We take all reasonable precautions and exercise due diligence to avoid any failures in our Website that may affect your order, however these can still occur from time to time. We reserve the right to not honour incorrect offers placed on the Website made by genuine error of system or operator caused directly or indirectly by Us. If your Order is identified as being affected by an error, you will have the affected portion of your Order refunded immediately if we cannot provide the product or a replacement product to you. -
Payments
1. Upon placement of your Order we will charge you and you agree to pay the pricing as presented to you at the time of ordering.
2. All prices unless specified otherwise are inclusive of Goods and Services Tax (GST) and will include the appropriate rate as it may be set.
3. All prices are denominated in Australian Dollars unless specified otherwise.
4. We reserve the right to change or alter prices without notice. If you have already submitted an Order at a set price, your products will be supplied at that price unless a genuine error exists in the system within the meaning of clause 3.3.
5. Payment will only be accepted by way of Visa and MasterCard.
6. Payments must be cleared for an Order to be submitted by You.
7. By making payment to Us You warrant that you are not doing so fraudulently. -
Disclaimer as to repair facilities
1. Please note that we have very limited repair facilities for our products. This means that subject to any limited repair facilities offered through authorised repair agents, we are not able to repair broken or damaged products that are broken or damaged by you or are defective. For defective products, this Limited Warranty and your rights under the Australian Consumer Law will apply and in most cases the remedy will be limited to a refund or replacement.
2. Jamec Pem carries spare parts for many, but not all, of our Products. A comprehensive catalogue of our spare parts can be found at: Camping Gear Spare Parts | Jamec Pem. This means that where a product is broken or damaged by you, we may not be able to provide you with a spare part for that product. Where a product is defective, you will be entitled to your rights under our Limited Warranty and the Australian Consumer Law, and in most cases the remedy will be limited to a refund or replacement. -
Returns and Cancelled Orders
1. Unless provided for in writing by Us to You or as otherwise allowed for under these Terms no cancellations of Orders shall be allowed unless the product is subject to a failed consumer guarantee. Please note that we do have a change-of-mind policy located: https://www.jamecpem.com.au/policies/refund-policy
2. If your order cannot be completed You may be contacted by Us to facilitate a resolution, if we cannot issue you a replacement product or the failure is irreparable we may at our discretion cancel your order and issue you with a refund of any monies payed as soon as is practicable.
3. If you are planning on returning a product, to resolve the return as expeditiously as possible, we require you to contact our customer service team at [email protected] first. Unplanned or unidentified deliveries to our distribution centres or retail outlets may be rejected. If you return a product and our distribution centre has rejected it, please contact our customer care team.
4. If you would like to organise a return of a product for whatever reason you must contact our customer service contacts. -
Product Recalls
1. If a product is subject to a product recall, notices will be posted in an appropriate section of the Website or on our social media platforms. The affected products may be returned should such a circumstance exist. -
Incentives and Discounting
1. A price incentive or discount offered by the Website creates no requirement for a third party to offer the same or similar. -
Personal Information
1. Personal information that is provided by You to Us will be kept, used, disclosed or disposed of in accordance with the Adventure Trading Australia Pty Ltd Privacy Policy available at Privacy policy or the Privacy Act 1988 as it may apply. -
Shipping Risk & Liability
1. Risk and title to goods passes upon the date and time of delivery to You, Your nominated delivery location or Your nominated agent.
2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3. Additional warranties may be provided to those accrued by operation of the Australian Consumer Law, the terms and conditions of each will be noted on the product and its packaging.
4. We exclude to the extent allowed under Law all implied terms and warranties relating to the subject matter of these Terms.
5. To the maximum extent permitted by law, our liability of loss and damage of any kind to You is limited to the value paid by you to us for the product, or otherwise in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods; or
(B) the payment of the cost of replacing the goods or of acquiring equivalent goods.
6. You warrant to Us that you hold Adventure Trading Australia Pty Ltd harmless for loss or claim related to indirect or consequential loss. -
Termination
1. Either party may terminate any agreement under these terms upon notification to the other party if the other party has committed a material breach of these terms. -
General and Savings
1. If any part of these Terms are unenforceable at Law they will be read down to a point where such is possible, or severed from the Terms.
2. The Law of Queensland Australia governs this agreement, and your transaction is agreed between You and Us to have occurred at Eagle Farm in the state of Queensland.
3. Any failure or election to not enforce a right or power accrued by Law or this agreement under these Terms by Us does not constitute a waiver of such right or exercise of power, or the exercise of such a right or power on future occasions. -
Privity of Terms
1. This agreement does not apply to a person or company that does not transact in contract directly with Us for end-user consumption within the contemplation of clause 2.1.
2. This agreement does not apply to a person or company that transacts with a third party for the supply of Our product. Such transactions will be subject to the terms and conditions as offered and applied by the third party.
3. Nothing in this clause 12 is intended to limit the rights You have under the Australian Consumer Law. -
Definitions
1. We, Us, and Our mean to Adventure Operations Australia Pty Ltd ABN [43 622 679 887] trading as Jamec Pem.
2. You and Your mean a purchaser or prospective purchaser of a Adventure Trading Australia Pty Ltd products specifically and solely through the website www.jamecpem.com.au or directly and without intermediary with Adventure Trading Australia Pty Ltd. For the sake of clarity, it wholly excludes a person or company that purchases an Adventure Trading Australia Pty Ltd product through a third party.
3. Terms means this list of Terms and Conditions contained within, and known as the Jamec Pem Shopping Terms and Conditions.
4. Order means an offer to You to buy products on specific terms from Us.
5. Website means www.jamecpem.com.au and the associated digital content to which it refers.