Terms & Conditions
1. General
1.1. Surfari Campers (“the Company”) provides high quality custom made pre-fabricated camper van fit outs (the Product), that the Customer will install into their vehicle.
1.2. The Products are available for purchase from the Customer located in Australia.
1.3. By purchasing a Product from The Company, Customers agree to the following Terms of Service.
1.4. Please read carefully before accepting. These terms apply to the sale of all campervan fit-outs and related Products or services.
1.5. Your acceptance of these terms is required before completing the purchase.
1.6. The following terms also apply to your purchase:
1.6.1. The Privacy Policy and
1.6.2. The Warranty,
which will be provided to the Customer at the time of purchase, with the Tax Invoice.
2. Binding agreement
2.1. You confirm that you are of legal age to, and have capacity to, enter into this agreement and be bound by it.
2.2. If you are entering into this agreement on behalf of a company or other legal entity, you have appropriate legal authority to do so.
2.3. You confirm you are entering into this agreement by your free choice.
3. Changes to Terms and Conditions
3.1. We reserve the right to change the terms at any time. We will communicate any changes on our website, and other communication channels.
3.2. Changes will only take place when we are sure they are necessary.
4. Product Changes and Business Use
4.1. The Company reserves the right to modify the design of the Product from time to time. Any changes will be made with the intention of improving the overall design, and the core design intent will remain the same.
4.2. The Company may, at any time and in its sole discretion, modify, add to, delete, suspend, or terminate its website or social media channels and any content, Products or services offered on its website or social media channels with or without notice.
4.3. Product images on the Company’s website may be updated periodically to reflect the most accurate version of the Product.
4.4. The Company endeavours to keep all Product images up to date, but slight variations may occur due to design improvements.
5. Intellectual Property
5.1. The Customer understands that the Company retains Intellectual Property (IP) rights over its Products, design and instructions, including information, data, images, logos, and systems and is protected by copyright under the Copyright Act 1968 (Commonwealth of Australia) (as amended).
5.2. The Company grants the Customer a non-enduring licence to use the Instructions for the purpose of installation. The licence is a limited, non-transferable license, and any commercial use of designs or its associated installation instructions without authorisation is prohibited.
5.3. The Product or any parts thereof, including the Instructions, may not be reproduced, resold, or otherwise used for commercial purposes.
5.4. The Customer must not represent the Product as the work of the installer, or the Customer.
6. Warranties
6.1. By completing this Transaction, the Customer warrants that they:
6.1.1. Have the necessary skills and expertise to safely install the Product, in accordance with the provided instructions.
6.1.2. Have access to the appropriate tools as specified in the Product instructions and will use the tools safely and correctly during installation.
6.1.3. Have made the necessary enquiries and confirmed that the Product is the correct size and fit for their vehicle.
6.1.4. Acknowledge that installation is a two-person job due to the weight and size of the Product and will follow this guideline during the installation process.
6.1.5. Will follow safe lifting procedures and use appropriate lifting techniques throughout the installation process.
6.2. In accepting the Transaction, the Company warrants that:
6.2.1. The Product will be provided as described in the Product listing on the website or other communications.
6.2.2. The Product will match the specifications provided at the time of purchase.
6.2.3. In the event the Product is found to be defective or not as described, the Company will replace or repair the Product at its discretion, in accordance with the warranty terms. This warranty is limited to defects in manufacturing and does not cover damages caused by improper installation or use.
7. Payment Terms
7.1. Payment is accepted in Australian Dollars only (AUD).
7.2. Payment is to be made in advance via the website.
7.3. The Company accepts payment by credit card, debit card, bank transfer, or PayPal or Buy Now Pay Later schemes.
7.4. The Customer notes that payment methods as per clause 7.3 may have their terms of use and the Customer will be bound by those.
8. Order Cancellation
8.1. Order cancellations are not guaranteed, unless the Transaction is protected by consumer protection law.
8.2. Reasons where the Company will honour a request for a cancellation are:
8.2.1. The Product is found to be defective,
8.2.2. A mistake was made, according to clause 9.1.2,
8.2.3. After the Transaction and before Transfer of Ownership, the Customer passes away.
8.2.4. Change of Mind, as per clause 9.2.
8.3. Where a cancellation is honoured for reasons listed under 8.1, 8.2.1, and 8.2.2, no cancellation fee applies.
8.4. Where a cancellation is honoured for reasons listed under 8.2.3 and 8.2.4, a cancellation fee will apply, limited to the costs incurred by the Company between the Transaction date and the Cancellation date.
9. Refund Policy
9.1. Expect where protected by any relevant consumer protection law, the Company does not offer any guarantee of refund except in the following circumstances:
9.1.1. The Warranty has been properly enacted,
9.1.2. A detrimental mistake has occurred, where:
9.1.2.1. The mistake must be in the wording of the offer, which gives rise to a misunderstanding about the Product being purchased,
9.1.2.2. The mistake is made by the Company, not by the Customer; and
9.2. Change of Mind: Refunds for Change of Mind are at the discretion of the Company and are not guaranteed. If the payment has been completed, but shipping has not been processed, a refund for Change of Mind, may be possible. If shipping has been arranged, a refund is not possible. The Customer should notify the Company as soon as possible.
10. Transfer of Ownership
10.1. Ownership and legal liability of the Product transfers to the customer once it has been delivered or collected.
10.2. For clarification, this is defined as the moment in time, when the Product ‘changes hands’, meaning, when the Product is in the Customer’s hands. This may be when the Product has been offloaded by the freight carrier, or when the Customer loads the Product to their vehicle.
11. Legal Compliance of Installation
11.1. The Customer understands and agrees to comply with all relevant state and federal laws regarding the addition of campervan fit-outs to a vehicle. This includes, but is not limited to, compliance with the Motor Vehicle Standards Act 1989 (Cth), which governs vehicle modifications, and the Roads and Maritime Services (RMS) guidelines in New South Wales (and its equivalent in other Australian States or Territories for Customers whose vehicle is registered in that State or Territory) concerning modifications to the structure, weight, and safety features of the vehicle.
11.2. The Customer acknowledges that adding additional weight to the vehicle may affect the Gross Vehicle Mass (GVM) and agrees to ensure compliance with relevant laws in the jurisdiction their vehicle is registered, concerning vehicle weight limits.
11.3. The Customer is responsible for ensuring that the vehicle does not exceed its Gross Vehicle Mass (GVM) as set by the vehicle Manufacturer.
11.4. The Customer is responsible for obtaining any necessary approvals or certifications for the modification as required by law in their respective State or Territory.
11.5. The Customer acknowledges the dimensions and weight of the finished Product is approximately 1900mm long x 1600mm wide x 1000mm high depending on the product and specification, with a weight in the vicinity of 100-200kg.
12. Fabrication and Installation Requirements
12.1. The Company reserves the right to refuse customisation requests.
12.2. The customer acknowledges that installation of the Product is the responsibility of the Customer.
12.3. The Company does not provide hardware to fix the Product to the Customer’s vehicle. This is the responsibility of the Customer.
12.4. The Customer confirms they have the necessary skills and expertise to safely install the Product or will engage suitably qualified and able persons to install the Product, in accordance with the provided instructions.
12.5. The Customer agrees to follow safe lifting procedures when handling the Product, having consideration of the size and weight of the package.
12.6. The Customer acknowledges that installation requires at least two persons due to the weight and size of the Product. The Customer agrees to follow this guideline to ensure safe handling during the process.
12.7. The Customer agrees to use power tools safely and in accordance with the manufacturer's instructions during installation.
12.8. Personal Protective Equipment (PPE) is recommended for installation, including gloves and eye protection, as the materials may have sharp edges.
13. Risk of Loss or Damage
13.1. The risk of loss or damage shifts to the Customer when transfer of ownership takes place, as set out in clause 10.
13.2. The Customer is liable for damage caused during transit arranged by the Customer.
13.3. The Company will provide insurance against loss or damage for Products shipped by a third-party freight carrier arranged by the Company, for the duration of shipping, until transfer of ownership takes place as defined in clause 10.
13.4. When shipping is arranged by the Company, the Product will be packed securely to prevent damage during shipping.
14. Limitation of Liability
14.1. The Company provides a Warranty for the Product, and liability is limited to the provisions within the Warranty.
14.2. Installation is carried out entirely at the Customer's own risk.
14.3. The Company is not responsible for any indirect, incidental, or consequential damages, injuries, or losses resulting from the installation of the Product, including loss of revenue, or use of the vehicle if it is inoperable, due to installation of the Product.
14.4. The Company is not responsible for any damage to the Product, after it has been offloaded by the freight carrier at the Customer’s Nominated Address, in accordance with clause 9.
14.5. The Company is not liable for any modifications made to the Product after purchase, including the use of the Product for any purpose other than its intended use in a campervan, as per the provided instructions.
14.6. The company is not liable for damage from natural wear and tear, or improper maintenance and/or cleaning.
14.7. The Company's liability is limited to the value of the Product purchased, at the purchase price.
15. Dispatch, Delivery and Collection
15.1. Dispatch
15.1.1. The Company will dispatch the Product within seven (7) days of receiving cleared payment for the Order.
15.2. Collection
15.2.1. Instead of shipping, the Customer may elect to collect the Product—by prior arrangement only—from the Company’s premises within forty (40) kilometres of the Sydney CBD.
15.2.2. The Company will notify the Customer when the Product is ready and coordinate a collection time based on Product availability.
15.2.3. Risk of loss or damage passes to the Customer upon collection; no transit insurance applies once the Product leaves the Company’s premises.
15.2.4. If specialist lifting equipment is needed for loading, the Customer must provide it and ensure a suitably licensed operator is available.
15.2.5. Collection times are dictated by the Company and Product availability.
15.3. Delivery (shipping)
15.3.1. If the Customer requests shipping, the Company will arrange delivery of the Product to the Customer’s Nominated Address through a third-party freight carrier.
15.3.2. A flat shipping fee of AUD 350 (including compulsory transit insurance) is payable by the Customer at the time of purchase; the Customer cannot opt out of this insurance.
15.3.3. Delivery is expected within ten (10) days of dispatch, subject to carrier scheduling and any Force Majeure events, and up to 21 days.
15.3.4. If a Designated Representative is to receive the Product, the Customer must provide that person’s full contact details before dispatch. The Designated Representative is bound by these Terms of Service to the extent permitted by law.
15.3.5. Risk of loss or damage remains with the Company until the Product is off-loaded to the Customer or the Designated Representative at the Nominated Address, after which risk transfers in accordance with clause 10.
15.3.6. If the carrier cannot complete delivery, it will hold and attempt redelivery for up to twenty-one (21) days. If delivery is still unsuccessful, the Customer may cancel the Order and receive a full refund of the purchase price.
15.4. In both circumstances of collection or delivery, the Customer understands that specialist lifting equipment, such as a forklift, may be required to unload the Product, or they may need to unload individual pieces by hand.
15.5. The customer will supply said forklift, if required. Any licencing or certification required to operate said forklift is the sole responsibility of the Customer.
15.6. When packed, the shipping crate is approximately 1500mm long x 750mm wide x 500mm high, with a weight in the vicinity of 200kg.
16. Customer Obligations Post Installation
16.1. The Customer is responsible for maintenance of the Product after installation (periodic checks for integrity of hardware) and carrying out any required maintenance.
16.2. The Customer is responsible for regular cleaning, and to ensure that the Product is not subject to pests, or excess damp or moisture, which may damage the Product.
16.3. The Customer agrees to be bound by these Terms of Service, and the terms of the Warranty in order to activate and enforce the warranty.
17. Activation of Warranty
17.1. Should the Customer believe the Product is faulty or there is an issue with the design or materials, the Customer should contact the Company directly.
17.2. Any warranty claims will be assessed based on the terms provided at the time of purchase and the separate Warranty, which forms part of these Terms and Conditions.
17.3. the Warranty is non-transferable and applies only to the original purchaser and cannot be transferred to a subsequent owner.
17.4. The Warranty will be provided with the tax invoice at the time of purchase.
18. Force Majeure
18.1. Neither party will be held liable for any failure or delay in the performance of their obligations under these Terms of Service if such failure or delay is caused by events beyond their reasonable control, including but not limited to: natural disasters, acts of God, fire, flood, earthquake, war, terrorism, civil unrest, strikes, lockouts, government action, pandemics, or any other circumstances beyond the party's reasonable control (a Force Majeure Event).
18.2. The affected party must promptly notify the other party of the Force Majeure Event and take reasonable steps to mitigate its effects.
18.3. If a Force Majeure Event persists for a period of more than 45 days, either party may terminate the agreement without liability to the other party.
19. Dispute Resolution
19.1. The Customer agrees that in case of a dispute arising from the provision of Product, or these Terms, the Customer will first attempt in good faith, to informally negotiate a settlement or resolution of the dispute by contacting the Company in writing and informing in a comprehensive way of the grounds of the dispute.
19.2. If after bargaining in good faith, a resolution cannot be found, the parties will utilise an external mediation service and pay their own costs. If the external mediation service cannot resolve the issue, court proceedings will be considered as a last resort.
20. Notice
20.1. Any notice, request, demand, or other communication required or permitted to be given under these Terms of Service shall be in writing and shall be deemed to have been duly given if delivered personally, sent by email, or posted by registered mail to the addresses provided by the parties at the time of entering into the purchase contract (the Transaction).
20.2. Notices to the Company should be addressed to:
Surfari Campers
Surfaricampers@gmail.com
20.3. If delivered personally, on the date of delivery;
20.4. If sent by email, when the email is confirmed as received;
20.5. If sent by post, within 7 business days of posting (domestic) or 30 business days (international).
21. Entire Agreement
21.1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
22. Titles/Headings
22.1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
23. Gender
23.1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
24. Governing Law
24.1. This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
25. Severability
25.1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
26. Acceptance of Terms
26.1. By purchasing the Product, the Customer acknowledges that they have read, understood, and agree to these Terms and Conditions of purchase.
26.2. The Customer must click "Accept" to confirm their acceptance of these Terms and Conditions before proceeding with the purchase.
26.3. These Terms and Conditions are binding upon acceptance. If the Customer does not agree with any of the terms, they may not proceed with the purchase.
27. Definitions
27.1. Fit-out: A pre-fabricated set of components designed for installation in a campervan, sold by The Company.
27.2. GVM (Gross Vehicle Mass): The maximum weight of a vehicle, including its contents, that is legally allowed on the road.
27.3. Hardware: Refers to any tools, fasteners, or fixings required for installation of the Product.
27.4. Nominated Address: The physical address where the Customer has requested the Product be delivered. It should be readily identifiable in ordinance maps that are available post 2024, either digital or hardcopy.
27.5. Nominated Representative: A person chosen by the Customer, to act as though they are the Customer, with decision-making authority of the Customer, and who also takes liability for the Customer in the Customer’s absence.
27.6. Power Tools: Includes tools such as drills, saws, and other machinery used in the installation of the Product, which should be used in accordance with the manufacturer’s instructions.
27.7. PPE (Personal Protective Equipment): Refers to safety gear such as gloves, eye protection, and other safety equipment required to protect the user during installation.
27.8. Purchase: Means a commitment by the Customer to buy a Product from the Company.
27.9. Transaction: The legal evidence that the Purchase took effect, and the Customer is committed to purchasing the Product.