1. Definitions

(a)          “Contract” means the Contract Form, the Terms and Conditions, and any annexures or attachments approved by both parties.

(b)          “Contract Form” means Glamping Innovations standard Contract Form which is attached to the Terms and Conditions.

(c)          “Customer/You” means the person or entity whose details are recorded in the Contract Form and includes any person or entity who purchases the Goods and/or Services from Glamping Innovations

(d)          “Glamping Innovations” means Glamping Innovations Ltd (CRN 124901117);

(e)          “Goods” means the goods specified in the Contract Form.

(f)           “GST” means the goods and services tax described in A New Tax System (Goods and Services Tax) Act (Cth) 1999 as amended.

(g)          “Services” means the services specified in the Contract Form; and

(h)          “Terms and Conditions” means, unless otherwise specified, Glamping Innovations Terms and Conditions.

• Provision of Goods
  • Glamping Innovations agrees to supply the Goods in exchange for payment of the purchase price, or rent in the case of rental Goods, subject to the Terms and Conditions.
  • Risk in the Goods passes to you upon the Goods being collected or despatched from Glamping Innovations premises. In circumstances where Glamping Innovations is performing the installation of Goods, risk passes to you when the Goods arrive at the site of installation. Title in the Goods is retained by Glamping Innovations until you have paid the purchase price and all other applicable taxes, costs and fees in full.
  • Delivery dates for the provision of Goods and or Services are to be regarded as estimates only and not a material term of this Contract. Glamping Innovations will use reasonable endeavours to comply with estimated delivery dates. If Glamping Innovations reasonably believes that an estimated delivery date will not be met, it will contact you to advise of a revised estimated delivery date.
  • If you rent Goods from Glamping Innovations, you:

(a)          Must permit Glamping Innovations to inspect the Goods at all reasonable times.

(b)          Are responsible for the safe custody and use of the Goods and are liable to Glamping Innovations for any loss or damage to Goods, which must be notified to Glamping Innovations immediately. If the Goods are lost or destroyed or becomes non-functional you must pay Glamping Innovations the cost of replacing them.

(c)          Must not sell, sub-rent, mortgage or grant any security interest or dispose or part with possession of or encumber the Goods; and

(d)          Are required to take out and maintain insurance covering any loss or theft of or damage to the Goods by any cause and, if requested, provide Glamping Innovations with a certificate of currency of insurance.

• Provision of Services
  • Glamping Innovations agrees to provide the Services in exchange for payment of the purchase price subject to the Terms and Conditions.

3.2         Glamping Innovations warrants that the Services will be provided in a professional and workmanlike way.

• Fees
  • You agree to pay for the Goods and or Services in accordance with the Contract Form and the Terms and Conditions.
  • You acknowledge that if Glamping Innovations is supplying Goods but is not performing any installation services, the price for the Goods is to be paid in full before the Goods are made available or delivered to you.
  • In addition to the fees, you will also be liable for the payment of the GST and any other applicable taxes and duties referrable to the Goods and/or Services.
  • Glamping Innovations may charge a late payment fee on any overdue amount at the rate of 2% above the rate prescribed under Section 2 of the Penalty Interests Rate Act (VIC) 1983 calculated daily from the date that the amount was due until the date it is paid in full.  Glamping Innovations may also charge you for the reasonable costs it incurs to recover any overdue amount (including reasonable administrative and legal costs).
  • Glamping Innovations will accept payment by credit card, bank cheque, direct debit and electronic bank transfer. The customer is liable for payment of all credit card and bank fees associated with any payment.    

• Termination
  • You may terminate this Contract with immediate effect if Glamping Innovations breaches a material term of this Contract and fails to comply with the Customer’s written request that the breach be remedied within 10 business days.
  • Glamping Innovations may terminate this Contract with immediate effect if in Glamping Innovations reasonable opinion:
    • You fail to make any required payment to Glamping Innovations on time.
    • You breach any material term of this Contract (other than a term relating to payments) and you fail to comply with Glamping Innovations written request that the breach be remedied within 10 business days;
    • You enter or threaten to enter any form of bankruptcy, insolvency, liquidation, or administration, whether voluntary or involuntary.
    • The Customer being an individual dies, or in the case of a partnership, is dissolved or in the case of a company, is wound up.
    • The information you have provided Glamping Innovations is found to be false or misleading.
    • You cease or threaten to cease to conduct business in the normal manner; or
    • You fail to pass a credit check made by Glamping Innovations or, in Glamping Innovations reasonable opinion, you become an unacceptable credit risk.

5.3         Despite termination of this Contract you will still be responsible for paying any outstanding amounts owed to Glamping Innovations

5.4         Upon the termination or expiration of a Contract that involves the supply of rental Goods, you must immediately cease using the rented Goods and return them to Glamping Innovations at your sole cost in good condition (fair wear and tear excepted). 

5.5         You grant to Glamping Innovations and its authorised agents an irrevocable licence to enter your premises or property during business hours for the sole purpose of recovering the rented Goods following termination of this Contract. 

• Privacy

6.1         Glamping Innovations will comply with its obligations under the Privacy Act 1988 (Cth) (“the Act”) with respect to your personal information that it collects, holds, uses and discloses in connection with this Contract.

• You authorise Glamping Innovations to:
  • Collect and use your personal information for purposes related to the provision of the Goods and or Services. You acknowledge that while carrying out its obligations under this Contract Glamping Innovations may disclose your personal information to third parties such as suppliers or third-party service providers.
  • Obtain a consumer credit report containing information about you from a credit-reporting agency for the purpose of assessing your application for the supply of Goods and or Services and collecting overdue payment from you.
  • Give to and seek from any credit reporting agency information about your personal or commercial credit arrangements including information about your credit worthiness, standing, history and capacity; and
  • Exchange personal information with third parties such as a collection agency to recover any overdue payment from you.

• Warranties

7.1         You acknowledge that Glamping Innovations has advised you of the limitations of the Goods with respect to their effective operational life. Items such as tent covers have limited and variable effective operational lives depending upon their use, care and exposure to sunlight and rain for example.

7.2         Glamping Innovations warrants the Goods to be of merchantable quality and fit for the particular purpose that you have advised Glamping Innovations in writing.

7.3         You are deemed to have accepted the Goods unless you notify Glamping Innovations in writing within 5 business days of delivery of any obvious defects.             

7.4         Glamping Innovations warrants the Goods against defective materials and operation for the periods set out in the Contract Form.

7.5         Glamping Innovations agrees to pass on the benefit of any manufacturer’s warranty to you. In circumstances where there is an obvious defect in any Goods supplied to you, Glamping Innovations will conduct any relevant manufacturer warranty claim on your behalf.

7.6         The warranty period for the Structures/Tents supplied by Glamping Innovations is 24 months. This period commences after payment of the last instalment and delivery and, if applicable, after installation of the Structures/Tents. After the warranty period has expired, Glamping Innovations is no longer liable for shortcomings in the Structures/Tents it supplies.

7.7         The warranty does not apply: 1. for second-hand goods; 2. in the event of incorrect use by the Buyer or failure to observe the (maintenance and safety) instructions. 3. if the Buyer and/ or third parties have processed or modified the goods without prior written permission. 4. if the Buyer does not fulfill its payment obligations. 5. if the Buyer removes names or brands applied by Glamping Innovations or applies the name of another brand. 6. if the defect is caused by circumstances beyond the control of Glamping Innovations such as vandalism.  In the event of a justified claim under the warranty period, Glamping Innovations has the choice at its own discretion to repair the defect or replace it.

• Limitation of Liability
  • Glamping Innovations is not liable to you or any third party for:
    • Any economic loss or damage including, any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits; or
    • Any indirect or consequential loss or damage.
  • To the extent permitted by British Consumer Law, Glamping Innovations excludes all liability for breach of any express or implied term or warranty and excludes all liability for Glamping Innovations negligence in connection with the performance of its obligations under this Contract.
  • Where liability for any term implied by law cannot be excluded, Glamping Innovations liability for breach of any implied term is limited to:
    • In the case of Services, the cost of having the Services supplied again; and
    • In the case of Goods, the lower of the cost of replacing the Goods, acquiring equivalent Goods, or having the Goods repaired.
  • Glamping Innovations will not be liable if it is unable to perform an obligation or provide the Goods or Services because of any factor outside of Glamping Innovations control including but not limited to acts of God, force majeure, industrial action, default, or failure of a third party (including delay of a third-party supplier), war, government action, or by any act or decision made by any relevant court.

• Indemnity

               You agree to indemnify Glamping Innovations, its employees and agents against any loss, damage, expense or claim that is in part or completely due to your breach of this Contract.

1. Quotations

10.1       Quotations provided by Glamping Innovations are not to be regarded as offers or legally binding. Only a correctly completed and executed contract is binding upon the parties.

10.2       All information including designs, drawings, images, models, and samples provided by Glamping Innovations as part of any quotation remains the sole property of Glamping Innovations and must be returned to Glamping Innovations upon demand. No quotation information or item may be copied or supplied to any third party without the prior written consent of Glamping Innovations.

1. Joint and Several Application of this Contract

          Where you comprise more than one person or entity, this Contract binds each of you jointly and severally.

12.         Entire Agreement

               These Terms and Conditions together with the Contract Form and any agreed attachments constitute the entire agreement between you and Glamping Innovations. All previous negotiations and representations are excluded.

13.         Assignment

               Glamping Innovations may at any time assign the whole or any part of this Contract.  You may not assign your rights or obligations under this Contract without Glamping Innovations prior written consent which will not be unreasonably withheld.

14.         Variation of Glamping Innovations Terms and Conditions

               Glamping Innovations reserves the right to vary these Terms and Conditions, including pricing, at any time upon written notice to you.

15.         Defective Terms may be Severed

          Any term of this Contract that a court deems is invalid, unenforceable, or illegal may be severed. The remainder of the Contract will continue to have full force and effect.