1. Your legal rights
a. Your purchase of the RV is subject to certain laws including, without limitation, the ACL.
b. The ACL provides you with certain rights that cannot be excluded, including that the RV must be of acceptable quality, reasonably fit for any disclosed purpose or the purpose that Caravans Away represents that they will be fit for and that the RV will correspond with any relevant description.
c. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy granted or implied by law which cannot by law be excluded, restricted or modified, including the ACL.
2. Terms of Purchase
a. The Purchaser acknowledges that, in relation to an RV purchased from Caravans Away, the purchase price for the RV and other applicable duties and fees are payable to Caravans Away in accordance with applicable State and Commonwealth legislation and regulations.
b. The purchase details are specified in the Sales Agreement and includes the make, model, price and delivery details for the RV.
d. To the extent that the transfer and registration of a purchased RV cannot be completed online, the Purchaser will be required to complete and sign the hard copy applicable transfer and registration forms. The Purchaser will be provided with the relevant documentation by Caravans Away and the Purchaser agrees to complete details accurately and sign and return such documentation to Caravans Away as soon as practicable.
e. To the extent permitted by law, Caravans Away does not accept any liability in relation to photos of RVs. Although Caravans Away has made every effort to display the RV accurately on its online platform, the RV's actual appearance may vary from the images and representations on the Caravans Away online platform. The Purchaser acknowledges that it has made its own independent inquiries and contacted Caravans Away for further information or images (if required) and has not relied on the Caravans Away online platform as the sole basis for any decision to purchase the RV. All information provided by Caravans Away over phone or messaging service is general in nature and does not constitute any form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
f. Caravans Away does not make any representation, warranty or undertaking that any RV is, or will not be, subject to a manufacturer's recall notice at the point of sale or at any time in the future.
g. The Purchaser is aware and accepts that Caravans Away is not liable for a previous year's chassis being used on current sales orders models.
3. Price and Payments
a. The Purchaser can only pay the holding fee, deposit, and all other payable amounts for the RV by direct bank transfer, credit cards and/or other payment methods agreed by Caravans Away.
b. Caravans Away uses Stripe, Inc (“Stripe”) to process payments for purchases of RVs. The processing of the Purchaser’s payment via Stripe is subject to Stripe’s payment terms and conditions at https://stripe.com/payment-terms/legal. The Purchaser acknowledges that all credit card fees and other applicable payment processing fees have been disclosed to the Purchaser before the Purchaser signed the Sale Agreement.
Where applicable and noted on the Caravans Away online platform, the purchase price is the "Drive-Away Price” and includes all applicable duties and transfer fees. Duties and transfer fees are payable directly to government authorities, which Caravans Away will arrange on the Purchaser’s behalf.
c. Delivery fees are included in Drive Away pricing for deliveries made within the Brisbane Metro area only, in which parameters are set out by Caravans Away.
d. All delivery fees for areas outside of the Brisbane Metro area are excluded from the "Drive-Away Price” and are subject to terms set out by Caravans Away.
e. If the Purchaser purchases the RV with the same inclusions and on the same basis as the RV is advertised on the Caravans Away online platform, the advertised "Drive-Away Price” will be the same as the Total Purchase Price (less delivery).
f. Where the Purchaser seeks to purchase the RV with additional items or inclusions to those advertised on the Caravans Away online platform, the advertised "Drive-Away Price” will be subject to change.
g. The "Drive-Away Price” is calculated on the basis that the transfer of the RV is to be registered in the State that the RV is currently registered and/or located.
h. If the RV is to be registered in a State other than Queensland, then on-road costs may vary, which will cause a change to the "Drive-Away Price”. Caravans Away will inform you of any variation to the "Drive-Away Price” if the Purchaser has requested that the RV be registered in a State other than the State that the RV is registered and/or located, before finalizing the transaction.
i. The sale of Caravans Away vehicles is at a "Drive-Away Price” in the state of Queensland. If a Purchaser requires the RV to be registered interstate, this action will need to be done after purchase and by the Purchaser. The Purchaser will take possession of the vehicle with a Queensland registration permit and will need to organise the transfer of registration in their home state; please note this permit will only cover registration for seven (7) days. All of the transfer process will need to be completed within this seven (7) days or the vehicle will legally be unregistered, the Purchaser cannot drive an unregistered vehicle on the road in any state in Australia. Once you have paid all of these costs forward your receipts of payment to Caravans Away where reimbursement will be made on associated costs.
Please note Caravans Away reimburse twelve (12) months registration on all of our new products. Caravans Away will also reimburse the Purchaser for all other associated registration costs, which do differ from state to state; these may include stamp duty, roadworthy inspection costs, plate fees etc.
j. The Purchaser is to pay to Caravans Away the balance of the Drive Away price and all other fees prior to delivery of the vehicle
k. Credit card surcharges apply on all payments other than payments on deposits.
Payments via credit card will incur the following fees:
- 2.8% for AMEX/ Diners
- 1.4% for Australian issued Visa/ MasterCard credit cards (and international credit and debit cards)
-0.6% on Australian issued Visa/ MasterCard debit cards .
4. Authorised Sales
Notwithstanding any other provision of the Sale Agreement, the Sale Agreement shall be voidable by Caravans Away at any time prior to delivery of the RV, if the Sale Agreement is not executed by a person duly authorised by Caravans Away to execute this Sale Agreement and if this Sale Agreement is so voided by Caravans Away then the Sale Agreement shall be at an end and all monies paid hereunder the Purchaser shall be refunded to the Purchaser in full.
5. Retention of Title
a. It is expressly agreed between the Purchaser and Caravans Away that the title to the RV in no circumstances passes to the Purchaser until Caravans Away has received full and cleared payment for the RV as provided in this Sale Agreement period under clause 9 has expired.
b. Until Caravans Away has received full and cleared payment for the RV and in addition to Caravans Away’s rights under the PPSA, Caravans Away is entitled to the immediate possession of the RV without notice to the Purchaser and the Purchaser hereby authorises Caravans Away to enter any premises owned or controlled by the Purchaser for the purpose of repossessing the RV. For this purpose, the Purchaser irrevocably licenses Caravans Away to enter such premises and also indemnifies Caravans Away from and against all Loss, costs, Claims, demands or actions by any party arising from such action except to the extent that the Loss, costs, Claims, demands or actions are contributed to by the negligent or willfully reckless acts or omissions of Caravans Away.
c. Until Caravans Away receives full payment in cleared funds, the Purchaser holds the RV as fiduciary bailee and agent for Caravans Away and the Purchaser must hold the proceeds of any sale of the RV on trust for Caravans Away in a separate account with a bank to whom the Purchaser has not given security, however failure to do so will not affect the Purchaser’s obligations as trustee.
d. While the Purchaser holds possession of the RV as bailee, he/she:
i. Is responsible for its proper care and maintenance
ii. Is liable for any loss or damage occasioned to it, and
iii. Will indemnify Caravans Away against any claim arising
e. If the Purchaser is in default under this Sale Agreement, Caravans Away may, notwithstanding that title in the RV has not passed to the Purchaser and insofar as is possible by law, claim and recover the balance of any monies outstanding under this Agreement and any expenses and costs and interest incurred as a consequence of the Purchaser’s default.
6. Nominated Registered Owner
Where the Sales Agreement provides for a Nominated Registered Owner, the Purchaser hereby authorises and directs Caravans Away to do all things reasonably necessary to effect registration of the RV in the name of the Nominated Registered Owner in lieu of the Purchaser.
7. Commission & Referral Payment
The Purchaser acknowledges and agrees that Caravans Away may pay commissions or referral fees to third parties and receive commissions from third parties in connection with this Sale Agreement.
8. Holding Fee
The Purchaser acknowledges and agrees that the holding fee does not guarantee securement of a build slot until a binding agreement is made. The $1,000.00 holding fee payment is made through www.caravansaway.com.au and is non-refundable should the Purchaser have a change of mind.
The holding fee is calculated in additional to the 10% deposit value, and is included in the total drive away price.
9. Cancelation of Order
a. Where the customer advises the Dealer before entering the Contract that he/she requires credit to be provided for the payment of the motor vehicle and
having taken reasonable steps has been unable to obtain credit, the Customer may within a reasonable period by notice in writing given to the Dealer rescind
b. Where the Customer refuses or fails to take delivery of the motor vehicle or is otherwise in breach of his/her obligations under the contract, the Dealer
may terminate this contract by written notice to the Customer. If that occurs any deposit paid or payable by the Customer to any amount not exceeding 10%
of the total Purchase Price of the vehicle shall be forfeited to the Dealer. Both parties acknowledge that the Dealer shall be entitled to claim by way of preestimated liquidated damages, from the Customer an amount equal to 10% of the Total Amount Payable less any deposit forfeited.
c. Where the Contract is lawfully rescinded, the Dealer shall refund any monies paid by the Customer. Both parties acknowledge that the Dealer shall be
entitled to claim by way of pre-estimated liquidated damages, from the Customer an amount equal to 10% of the Total Amount Payable less any deposit forfeited.
a. If the Purchaser has a change of mind in respect of the RV that it purchases from Caravans Away and Caravans Away determines that it is eligible for return, Caravans Away may offer to purchase such RV back from the Purchaser. Eligibility for return, is determined as follows:
i. the Purchaser must have paid Purchase Price and all other duties and fees in relation to the RV;
ii. the Purchaser must give Caravans Away written notice within 7 days of Delivery that the Purchaser wishes to exercise the return policy (Notification Date);
iii. the Purchaser must forfeit the amount stated in this Agreement to Caravans Away provided that amount does not exceed 10% of the Total Purchase Price (“the forfeited amount”);
The relevant RV must not have travelled further than 500 km since the time of Delivery;
iv. there must be no changes to the condition to the RV, compared to the condition evidenced by the inspection report at the time of Delivery. The re-inspection will happen at the place agreed by the Caravans Away team and the report will be shown for transparency;
v. the Purchaser must return the RV's log-book and all other original documentation in relation to the RV;
vi. the Purchaser must not have:
1. transferred or purported to transfer title to the RV; or
2. granted, suffered, allowed or issued any charge, security or other encumbrance over the RV; and
3. The Purchaser must not be in breach of any provision of this Sale Agreement.
b. If a Purchaser does not satisfy any provision of clause 9(a), Caravans Away may determine in its absolute discretion (but acting reasonably) whether the Purchaser is eligible for the return policy.
c. If Caravans Away determines that a Purchaser is eligible for return, it will notify the Purchaser within 2 business days of the Notification Date (Acceptance Date).
d. The Purchaser will be liable for any speeding/driving offences committed whilst the Purchaser has possession of the RV.
e. If the Purchaser has paid for the RV by using funds provided by a third party (Third-party Finance), the Purchaser will also need to cancel the arrangement for the Third-party Finance. The cancellation of the Third-party Finance is the responsibility of the Purchaser and the Purchaser is responsible for all loss, costs and charges associated with cancelling the Third-party Finance and providing clear title to the RV to Caravans Away from of all charges, securities or other encumbrances over the RV. Where possible, Caravans Away will provide all documentation to the Purchaser or third party financier (as required) to enable the Purchaser to cancel the Third-party Finance .
f. Upon cancellation of the Third-party Finance by the Purchaser, the Purchaser must provide written evidence of this to Caravans Away, which must be acceptable to Caravans Away in its sole discretion.
g. Subject to the conditions in clause 9(a) and the Purchaser satisfying requirements of clauses 9(e) and 9(f) if relevant, and provided that the Purchaser has allowed Caravans Away to reclaim ownership of the RV and completes and delivers to Caravans Away the RV, and all transfer and registration documentation necessary to transfer the RV back to Caravans Away.
h. The Purchaser is responsible for delivering the RV to Caravans Away's nominated address at the time of return acceptance. This is including, but not limited to, coordination of delivery and associated costs.
a. Caravans Away reserves the right to, for whatever reason, fulfil the delivery of the sales vehicle up to 4 (four) weeks prior/ post the delivery date stated on the Sales Agreement.
b. Caravans Away will make every reasonable effort to deliver the RV as specified in the Sale Agreement to the address and on or within the time given in the Sale Agreement.
c. Caravans Away currently offers ‘from factory floor to your door’ delivery to locations within the Brisbane Metro Region at no additional cost.
d. Caravans Away currently offers ‘from factory floor to your door’ delivery to locations outside of the Brisbane Metro area and around Australia at an additional cost to the Purchaser
e. Caravans Away reserves the right not to deliver to areas difficult to access or other areas at its reasonable discretion.
f. Where applicable, delivery fees are not included in the “Drive Away Pricing” and are payable in full to Caravans Away upon settlement of total purchase price, before delivery is made.
g. Caravans Away shall use its best endeavours to acquire the motor vehicle by the estimated delivery date or specified time frame, but shall not be liable to the Purchaser for any damage or loss whatsoever arising directly or indirectly from any such delay or failure of delivery.
Purchasers from regional locations can choose to coordinate delivery using a third party. For more information on third-party delivery options, direct enquiries to firstname.lastname@example.org
h. The Purchaser must take delivery of the RV within seven (7) days of being notified by Caravans Away that the RV is ready for delivery. If the Purchaser fails to take delivery within this time, Caravans Away may terminate the Agreement by notice in writing.
i. Where delivery is delayed by more than thirty (30) days, the Purchaser may terminate this Agreement by notifying Caravans Away in writing, unless the delay is caused by the Purchaser.
j. Only the Purchaser, as the person specified in the Sale Agreement, is eligible to take receipt of the Purchaser’s RV on delivery or collection. Upon delivery or collection of the RV, the Purchaser must provide the Purchaser’s photographic Australian driving licence to the Caravans Away delivery provider to verify the Purchaser’s identity against the name specified in the Sale Agreement. Caravans Away reserves the right not to deliver the RV if this identification is not provided when requested.
k. The purchaser may incur additional "non-delivery fees" if the RV is unable to be delivered by factors stated in clause 9(j).
l. If the Purchaser will not be present to accept delivery, the Purchaser must contact Caravans Away Customer Service at least 24 hours prior to the scheduled delivery time to rearrange delivery at no additional cost.
m. Upon delivery of the RV, the Purchaser will be asked to confirm to the Caravans Away delivery provider receipt of the RV and that it conforms to the details set out in the Sale Agreement. The Purchaser will be asked to sign a confirmation that the Purchaser has received and accepted the RV in its then condition (Delivery). Risk in the RV will pass to the Purchaser on Delivery.
12. Limitation of Liability
a. Nothing in this agreement is intended to have the effect of excluding:
i. any Consumer Guarantees; or
ii. any other applicable law that cannot be excluded, restricted or modified by agreement of the parties,
(collectively Non-Excludable Rights).
b. Subject to clause 11.a and to the maximum extent permitted by law, Caravans Away excludes any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage.
c. Caravans Away excludes any liability for Consequential Loss however arising. This limitation does not apply to limit Caravans Away's liability in respect of the Non-Excludable Rights.
d. Subject to clause 11.a and to the maximum extent permitted by law, the liability of Caravans Away in respect of a Defective RV, breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) or for any other Loss or Claim however arising, is limited to the following:
i. the replacement of the RV or the supply of an equivalent RV;
ii. the repair of the RV;
iii. the payment of the cost of replacing the RV or of acquiring an equivalent RV; or
iv. the payment of the cost of having the RV repaired.
13. Events Outside Control
a. Caravans Away will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under the Sale Agreement that is caused by any event or circumstance which is beyond their reasonable control, including but not limited to fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, inclement weather, availability of the internet or software, acts and omissions of third parties, road traffic problems, epidemic, pandemic, serious viral outbreak or government shutdowns or restrictions (an "Event Outside Control").
b. If an Event Outside Control takes place that prevents, hinders or delays, the performance of the obligations of Caravans Away under the Sale Agreement including but not limited to delivery, its obligations under the Sale Agreement will be suspended and the time for performance of obligations will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of the Purchaser’s RV, Caravans Away will arrange a new delivery date with the Purchaser after the Event Outside Control is over.
c. On the occurrence of an Event Outside Control, the affected party must promptly:
i. notify the other party and describe in reasonable detail the nature of the Event Outside Control and its likely effect on the ability of the affected party to perform its obligations under this Sale Agreement (Notification); and
ii. use all reasonable endeavours to avoid or remove the cause of the Event Outside Control and perform its obligations under this Sale Agreement as soon as possible.
d. On receipt of the Notification, the other party must take all reasonable steps to mitigate any Losses to it arising or that may arise as a consequence of the Event Outside Control.
14. Subject to Finance
a. Where this Agreement is subject to the Purchaser obtaining finance, the Agreement is conditional upon the Purchaser obtaining finance approval:
i. within the time stated in this Agreement;
ii. of the amount stated in this Agreement;
iii. from the credit provider named in this Agreement (or from a similar type of credit provider);
iv. for the type of finance stated in this Agreement;
v. upon reasonable terms and conditions in the circumstances.
b. The Purchaser agrees to take all reasonable steps towards obtaining finance approval and to notify Caravans Away on or before the Approval Date of the outcome of the Purchaser’s finance application.
c. If the Purchaser does not obtain finance approval then:
i. the Purchaser may terminate this Agreement by giving notice in writing to Caravans Away; or
ii. Caravans Away may terminate this Agreement by giving notice in writing to the Purchaser.
15. Transfer to Credit Provider
Where requested by the Purchaser, Caravans Away must transfer title to the RV to the Purchaser’s credit provider upon payment of the Total Purchase Price to Caravans Away.
a. Where this Agreement is lawfully terminated by Caravans Away due to a breach of this Agreement by the Purchaser then:
i. the Purchaser must forfeit the amount stated in this Agreement to Caravans Away provided that amount does not exceed 10% of the Total Purchase Price (“the forfeited amount”);
ii. where an amount has been paid towards the purchase price and that amount exceeds the forfeitable amount then Caravans Away must:
- refund to the Purchaser so much of the amount paid that exceeds the forfeitable amount; and
b. Where this Agreement is lawfully terminated by the Purchaser due to a breach of this Agreement by Caravans Away then Caravans Away must:
i. refund to the Purchaser all money paid by or on behalf of the Purchaser; and
c. Where this Agreement is lawfully terminated by either the Purchaser or Caravans Away due to this clause 15 or for any reason other than a breach of this Agreement then Caravans Away must:
i. refund to the Purchaser all money paid by or on behalf of the Purchaser; and
d. Where either the Purchaser or Caravans Away wishes to terminate this Agreement in accordance with this clause they must give written notice to the other party of the decision to terminate.
e. Nothing in this clause affects the rights and duties conferred by applicable State or Commonwealth Legislation or Regulations.
17. Non-exclusion of Statutory Warranties and Other Rights.
The benefits conferred by this Agreement and by Caravans Away’s warranty, if any, are in addition to all other rights and remedies in respect of the RV which the Purchaser has under the Australian Consumer Law and any other Commonwealth, State and Territory laws.
18. Manufacturer’s warranty
a. All RVs purchased through Caravans Away are covered by warranty as set and managed by the Original Equipment Manufacturer. Information on recreational vehicle warranty is provided at point of sale and thereafter with directions on use. Enquiries on Manufacturer's Warranty can be directed to email@example.com
18. Privacy Statement
b. Purposes of collection and use of personal information:
i. This Sale Agreement and other transfer documentation that the Purchaser signs when it purchases an RV contain personal information about you, including the Purchaser’s name, telephone number, address, drivers licence number, email and physical address. Caravans Away holds the Purchaser’s personal information and is stored on file. Caravans Away collects and holds this personal information to facilitate the Purchaser’s purchase of a RV and to meet the requirements of the legislation associated with the supply of a vehicle, and related services and goods. Associated services and goods include the provision of warranty, insurance and registration. Caravans Away will only collect personal information that the Purchaser provides to it.
ii. Where the Purchaser does not provide Caravans Away with the Purchaser’s personal information as requested, Caravans Away may not be able to sell the vehicle to you.
c. Disclosure of Personal Information:
i. Caravans Away will only disclose the Purchaser’s personal information in accordance with the Australian Privacy Principles (APPs) as set out in Schedule 1 of the Privacy Act 1988 (Privacy Act). Caravans Away will disclose the Purchaser’s personal information to the relevant Statutory Authority, and any other organisation that requires the Purchaser’s details in order to carry out the transfer of registration of the Purchaser’s vehicle. If the Purchaser applies for finance in connection with the purchase of a vehicle, Caravans Away will provide the Purchaser’s personal information to the financier for the purposes of the financing arrangements. The Purchaser’s personal information may also be disclosed to Caravans Away’s contracted suppliers, service providers and other entities that are associated with the supply of RVs and related goods. Finally, Caravans Away may disclose the Purchaser’s personal information if it determines that disclosure of such information is required by law and reasonably necessary to protect the rights, property, or safety of Caravans Away, in which case Caravans Away will notify you before any such disclosure and outline the legal requirement that compels disclosure. The Purchaser’s personal information may be disclosed to overseas recipients. As the internet is a global environment, where we use the internet to collect and process personal information this will necessarily involve the transmission of that information worldwide. We may also share the Purchaser’s personal information with our Caravans Away group companies. Where we do so, we will take reasonable steps to ensure such recipients comply with the APPs.
d. Caravans Away may collect personal information about you from third parties for the purpose of RV sales, financing, registration and ancillary purposes, including collecting credit information about you from credit reporting bodies for credit eligibility and verification purposes; collecting personal information from relevant vehicle registries and from the Personal Property Securities Register.
e. Access and correction of the Purchaser’s personal information:
i. Caravans Away will take all reasonable steps to ensure the Purchaser’s personal information is kept secure. Caravans Away only permits its authorised personnel to access the Purchaser’s personal information.
h. The Purchaser’s consent:
i. By signing this service, the Purchaser consents to the use and disclosure of his/her personal information as set out above.
Unless the context otherwise requires:
a. “returns” has the meaning given in clause 9;
b. “ACL” means the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law);
c. “RV” means the Caravan, Motorhome, Campervan or any other recreational vehicle on offer by Caravans Away.
d. "Caravans Away" means Caravans Away Pty Ltd ABN 73 648 017 930 doing business as “Caravans Away”
e. "Claim" means any claim, demand, legal proceeding or cause of action, however arising, including one that is based in contract or tort (including negligence), under common law, equity or statute and whether involving a third party or a party to this agreement or otherwise;
f. "Consequential Loss" means any loss of revenue, loss of income, loss of business, loss of profits, loss of production, loss of or damage to goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, losses arising from claims by third parties, loss of or damage to credit rating, loss of anticipated savings, loss or denial of opportunity or any other loss, damage, cost or expense incurred by a party or any other person that is indirect or consequential;
g. "Consumer Guarantee" means any right or statutory guarantee under Division 1 of Part 32 of the Australian Consumer Law;
h. "Sales Agreement" means the contract set out by Caravans setting out particulars in relation to the sale of the RV;
i. "Defective RV" means an RV that does not comply with this Sale Agreement;
j. "Delivery" has the meaning provided in clause 10.g;
k. "Event Outside Control" has the meaning provided in clause 12.a;
l. "Non-Excludable Rights" has the meaning provided in clause 11.a.ii;
m. "Notification" has the meaning provided in clause 12.c.i;
n. "Loss" means any losses, liabilities, damages, costs, charges or expenses (including lawyer's fees and expenses on a full indemnity basis) whether direct or indirect (including Consequential Loss), fines and penalties;
o. “PPSA” means the Personal Properties Security Act 2009 (Cth) and its associated regulations as amended;
p. "Purchase Money Security Interest" has the same meaning as defined in the PPSA.
q. “Purchaser” means you, the Purchaser described in the front of this Sale Agreement under "Purchaser's Details";
r. “Sale Agreement” means this Agreement which consists of the details of the purchaser and RVand the terms and conditions below;
s. "State" means a state or territory of Australia;
t. "Third-party Finance" has the meaning given in clause 9(i)e.
u. "Total Purchase Price" means the total price payable by the Purchaser described in the Sale Agreement.