Terms and Conditions

WEBSITE TERMS OF USE

This website is owned by Sea to Summit Pty Ltd (Sea to Summit).

By using this website to browse, select and purchase Products, you agree to be bound by and comply with these terms and conditions, our Privacy Policy and any other policy on our website. Please take a few minutes to read through these terms and conditions and the policies on our website.

The terms and conditions set out on this website (Terms) incorporates our Privacy Policy and other documents referred to within these Terms.

By using this website, you warrant to Sea to Summit that you will:

(a) not use our website in a manner that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

(b) not use our website in a manner that interferes with or disrupt the website or the networks that host the website, interferes with any security related or other features of our website or interferes with other users or customers of our website;

(c) not modify, copy, translate or reverse engineer any portion of the website;

(d) not remove or copy any copyright, trademark, photographic image or any other content or functionality on our website; and

(e) not harvest information about our customers, including email addresses, without their consent.

Terms may change

Sea to Summit reserves the right to amend these Terms at any time. Please ensure that you refer to these Terms each time you use our website or make a purchase from our website. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

General Disclaimer of Liability

Whilst Sea to Summit takes steps to ensure that all details, descriptions and prices which appear on this website are accurate, errors (such as errors with pricing, shipping, payment terms or return policies) may occur. As soon as an error is brought to our attention, we will let you know if it affects an Order that you have or intend to place through our website. We may choose not to fill your Order (or any part of it) that you have placed if it contains any errors or inaccuracies.

Sea to Summit is not liable to you or others for any Loss arising from or in connection with the use of this website or any links to websites, plug-ins, applications and other resources operated by third parties. This includes any interference with, or damage to, your computer system in connection with the use of this website or any linked website/s. It is your responsibility to take precautions to ensure that this website is free from viruses and any other compromises that may interfere with your computer system and any information stored within it.

Any links to other websites should not be taken to be an endorsement, approval, preference or recommendation by us. Access to any linked website is at your own risk.

To the extent permitted at law, Sea to Summit excludes all warranties and conditions implied by custom, law or statute. However, all rights, guarantees and remedies expressly provided for under the Competition and Consumer Act 2010 and similar State and Territory legislation in Australia is not excluded and will apply.

If you are under 18 years of age, you must obtain your parent or guardian’s consent before accessing or using this website, or purchasing any Product from this website. All purchases made on this website is deemed to have been made by a person over 18 years of age. 

Online Shopping Terms & Conditions

These Terms apply to the Order, purchase and delivery of Products from this website or through our Customer Service Team and a contract is formed on the placement of the Order.

These Terms contain important information about ordering, delivery, returns and limitation of liability.

Importantly, these Terms sets out:

• When you place an order online, it constitutes an offer to purchase only. Your offer to purchase is not accepted until we send you confirmation of your order and we send you an email to confirm that your order has been dispatched.

• When an order may be rejected or cancelled by us (including where there is an error with any description on the website, error with pricing or where the Product is not available).

• Delivery times are an estimate only. We will not be liable for any loss or damage caused by or during the delivery of your product/s ordered.

• You agree to our Privacy Policy. We may hold your personal information and disclose your personal information to our Related Entities or other third parties operating outside of Australia for specific purposes including, to assist us in providing products and services you have requested, to show you our products as your browse the web and fulfil administrative functions. For the full list of scenarios on when we may disclose your personal information, please see our Privacy Policy.

• You can return certain items. For reasons such as hygiene and safety, we cannot accept returns of all Products. Please check to ensure you are satisfied with our Shipping & Returns Policy before placing an Order. You can view our Shipping & Returns Policy here.

1. ORDERS

(a) Any Order made through our website in accordance with these Terms.

(b) Any Order placed through our Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and applicable taxes) at the time you place the Order and in accordance with these Terms. No Order shall be deemed to be accepted by us until you receive the emails in clause 3.(b).

(c) It is your responsibility to ensure that the correct email address and contact details are provided when you place your Order.

(d) We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.

(e) In certain circumstances your offer to purchase the Products may be rejected or your Order may be cancelled.

(f) You acknowledge that all Products purchased under these Terms are for personal use only and not for commercial use or for re-sale purposes.

(g) From time to time, we may restrict the quantity of Products which can be purchased. Any quantity restrictions will be set out on our website, the relevant product page, the relevant promotional materials or as otherwise advised to you.

(h) Product images that are displayed on the website are for illustrative purposes only. Due to the nature of colour and light, colour shades may vary from what appears on your monitor’s screen.

2. AVAILABILITY OF PRODUCTS

(a) From time to time, your Order may be cancelled by us if the requested Product is not available or if there is an error in the price or description of the product posted on the website. If this happens, we will refund you the amount paid with respect to the Products affected by the cancellation.

(b) We may also withdraw or suspend any Product from sale either temporarily or permanently at any time without notice. If a Product is withdrawn or suspended after you place your Order, the amount paid in respect of withdrawn or suspended Products will be refunded to your original payment method.

(c) We will not be liable to you for any loss that your or any third party suffers as a result of the rejection or cancellation of your Order or the withdrawal or suspension of any Product.

3. ACCEPTANCE OR REJECTION/CANCELLATION OF YOUR ORDER

(a) Each Order that you place online is an offer to purchase. As such, we may reject or cancel your Order in certain circumstances such as when the Product is not available or if there is an error in the price or description displayed on our website.

(b) Each Order that you place is accepted when we:

i. send you an email confirmation of the Order (although due to the nature of internet transactions, we cannot guarantee receipt); and

ii. send you an email confirming that the Order has been packed and dispatched.

If you only receive an email confirming your Order, we can still reject or cancel your Order in accordance with clause 3.(a).

(c) If we reject or cancel your Order, we will endeavour to notify you within a reasonable time. We will not be liable to you or any other person for the rejection or cancellation of any Order that you have placed. You will not be charged for an Order that has been rejected or cancelled by us.

(d) If you have made a payment for the Order which is subsequently rejected or cancelled by us (either entirely or partly) then: (i) for a wholly rejected or cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly rejected or cancelled Order, the amount paid in respect of cancelled Products, will be refunded to your original payment method.

(e) If we are unable to successfully process your nominated payment method (including, the applicable debit card, credit card or PayPal payment) for an Order that has been received by us, then we may cancel your Order.

(f) You must not purchase any Products through this website for the purposes of resale. If we suspect that you are purchasing Product for purposes other than for personal use, we may reject or cancel your Order.

(g) You cannot cancel all or any part of an Order after the Order has been dispatched by us. If you wish to return a Product after the Order has been dispatched, you need to do so in accordance with our instructions (see section 6 (Returns) of these Terms).

(h) We reserve the right not to honour any incorrect offers represented on the website made by genuine human or system error. If your Order is affected by an error on the website (for example, in a description, an image, price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error and we will fulfil the remainder of your Order.

(i) If your Order is affected by a genuine error (including in a description, an image or a price), we reserve the right to cancel your Order and refund any money paid to us.

(j) If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.

(k) Unless expressly stated by us in writing, Delivery Fees will not be refunded if you return Products for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.

(l) We will process any refunds within a reasonable period of time of us agreeing to do so. Refunds will be processed on the same card as the original payment was made.

4. DELIVERY

(a) If you place an Order through our website, we will ship it to an Australian address only. You are responsible for ensuring that the delivery address entered is correct. We will not be liable to you if an Order is dispatched and received at an incorrect address.

(b) If you place consecutive or separate orders, we cannot consolidate your orders. If applicable, a separate delivery fee will apply to each separate order.

(c) Standard delivery is approximately 10 business days. Please note that this is an estimate only and actual delivery times may vary.

(d) Items considered to be bulky or heavy will attract different postage/carrier fees.

(e) Delivery time is subject to stock availability and the delivery period may be extended by up to 30 days by us. If this happens, we will endeavour to provide you with reasonable notice of that extension.

(f) Orders placed after 12pm AEST on a Friday will be processed on the following business day.

(g) We are not responsible to you or any third party for any delay, late delivery or failure to deliver. If we become aware of a potential delay, we will notify you as soon as reasonably practicable.

(h) Once your Order is dispatched you will receive an email containing a tracking number and link to where the Order can be tracked. Please note this may take 24 hours to update on these websites.

(i) We are not responsible to you for the theft or loss of Product from the time that it is delivered to the address that you provided at the time you placed your Order.

5. PRICES AND FEES

(a) We will charge you, and you agree to pay the purchase price of each Product that is ordered, the Delivery Fee and any other fees and charges set out in these terms and conditions.

(b) All prices and Delivery Fees on our website are in Australian dollars (AUD $). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order.

(c) If you pay for your Order by any of the following payment methods specified below then fees and charges may apply to your Order:

i. Visa;

ii. Mastercard;

iii. American Express;

iv. Diners Club;

v. Debit cards displaying the Visa or Mastercard logos;

vi. PayPal.

(d) You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

6. DAMAGED PRODUCTS, RETURNS AND PRODUCT RECALLS

(a) The Shipping & Returns Policy applies to all purchases of Products that you ordered through this website and forms part of these Terms. If you suspect that a Product is damaged on delivery or is faulty, then you should contact us immediately by email at: info@camelbak.com.au and in the subject line include “Damaged Product”.

(b) If a Product is subject to a product recall, a notice will be posted on the Product Safety – Recall section of our Website. You can return recalled products as instructed in the Product Recall notice.

7. PROMOTIONS

You may receive online offers and promotions from us from time to time. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain Orders or Goods on the Site. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers. Separate terms and conditions may apply to the use of any Code and should be read in conjunction with these Terms.

8. RISK AND PRODUCT GUARANTEES

(a) Risk and title in the Products passes to you on the date and time of delivery of the Products to you by the carrier.

(b) Products sold on this website, come with guarantees that cannot be excluded under the Australian Consumer Law. If you have a Product with a major problem (for example, it is unsafe, is significantly different from the sample or description), then you are entitled to a refund or replacement if the problem is considered to be a major problem. If it is a minor problem, then we can offer you a free repair.

(c) Certain products may carry an additional warranty and it will be in addition to your Consumer Law rights and remedies. Any additional warranties that are given are attached to specific Products and gives you benefits in addition to the Australian Consumer Law rights and remedies. CamelBak products carry with it the CamelBak Got Your Bak™ Lifetime Guarantee. Please see the Warranty policy for more information.

(d) Without limiting or modifying the rights and remedies under the Australian Consumer Law:

i. you acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;

ii. we exclude all other implied terms and warranties; and

iii. you represent and warrant to us that we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) or loss (including corruption of data) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms or the use of our website.

9. COMMENTS AND REVIEWS

(a) In posting a review to the Website, you agree that:

i. the information contained therein is not confidential or proprietary to any person; and

ii. you grant us a non-exclusive, royalty-free right and license to use, copy, distribute and disclose to third parties the review (or the information contained therein) for any purpose, in any medium worldwide. This includes use in advertising or promotional material anywhere in the world without financial compensation being paid to you.

(b) Only genuine reviews of Products will be allowed to remain posted to the Website. A review will be considered genuine if:

i. We have evidence (either internally or provided by the reviewer), that the reviewed product was purchased by them through the website;

ii. the review is not defamatory, offensive in relation to any product, service, person or corporation or adversely reflects on any product, service, person or corporation.

(c) A review will not be considered genuine if:

i. it infringes or violates any laws or infringes the legal rights of any other person, including intellectual property rights and including our legal rights; and/or

ii. the review is, or may reasonably considered to be, defamatory or offensive libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any person or corporation.

(d) We reserve the right to remove any review posted to the website that is considered not to be genuine in accordance with clause 9.(c).

10. MAINTENANCE OF OUR WEBSITE

We may, from time to time, take down this Website to perform maintenance (including urgent, scheduled and unscheduled maintenance). Where the website is to be taken down for scheduled maintenance, we will endeavour to schedule the maintenance for times that will have minimal interruption to most visitors. You accept and understand that at times this website may need to be taken down for urgent, unscheduled maintenance. We assume no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction or other problem relating or resulting from the website being offline or otherwise unavailable.

11. TERMINATION

(a) We may, at our discretion, terminate the agreement for the supply of Products to you at any time and for any reason by giving notice to you.

(b) We may immediately suspend, terminate or limit your access to and use of this website and (where relevant) your account if you breach these terms and conditions and:

i. the breach cannot be remedied; or

ii. you fail to remedy the breach after we give notice to you of that breach.

12. YOUR PRIVACY

(a) The Privacy Policy applies to all purchases of Products that you ordered through this website and forms part of these Terms.

(b) By accessing this website, you agree to our Privacy Policy and we may:

i. collect Personal Information from you, which you provide us, when you place an Order through the website or when you engage with our team over the phone, by email or any other means of communication;

ii. share your Personal Information with our Related Entities and to persons, companies or other entities who perform functions or services on our behalf, such as IT services, mailing functions, gateway providers, organisations that assist us to check for or prevent unauthorized or fraudulent transactions, or where otherwise required by law.

(c) We reserve the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or cancel the transaction. If this happens, you must pass our fraud prevention protocols before your Order can be accepted. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.

(d) Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about offers, events and promotions and those communications may relate to brands that we distribute. You agree to continue receiving communications from us until the time that you opt out.

(e) If you opt of our communications, there are still some messages that we can send you. These include, for example, messages relating to recalls, product safety information, updated product information or forgotten passwords. Opting out of receiving communications will not opt you out of receiving these types of messages.

13. INTELLECTUAL PROPERTY

(a) We own all right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the website and its contents, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the website. The Intellectual Property on our website is protected by Australian and international law. Nothing in these Terms will constitute any licence of intellectual property rights to you.

(b) You:

i. must not modify, copy, adapt, store, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the website or any Intellectual Property, without our prior written consent; and

ii. must not frame, copy or embed in another website any of the material appearing on this website.

(c) You must not use any marks or trademarks appearing on this website, or our name or the names of the brands that we distribute, in any setting including on any social media platform.

14. GOVERNING LAW & JURISDICTION

(a) Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. The remaining provisions of these Terms remain unaffected nor does it affect the validity or enforceability of that provision in any other jurisdiction.

(b) Any failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.

(c) The laws of Western Australia, Australia govern this agreement. Your transaction is deemed to have taken place in Western Australia, Australia.

15. DEFINITIONS

The following definitions apply to these Terms.

Our /We/ Us means Sea to Summit Pty Ltd

Order means a request by you to purchase Products from us pursuant to these Terms (whether through the Website or through our customer service team over the phone, online or through any other means, as applicable).

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Privacy Policy means the privacy policy available here.

Product means the items offered for sale on the Website or by us directly including via our customer service team.

Shipping & Returns Policy means the shipping and returns policy available here.

Warranty Policy means the warranty policy available here.

SHIPPING & RETURNS POLICY

Free standard delivery in Australia for Orders over $49.95.

• For all other Orders under $49.95, we charge a flat fee of $9.95 for standard delivery in Australia. We do not ship to an address outside of Australia.

• The standard delivery time is 10 Business Days depending on your location.

• Delivery times are estimates only and may be impacted by factors outside of our control.

• For packages up to 5kg, your Order will be shipped via Australia Post.

• For packages greater than 5kg, your Order will be shipped via StarTrack.

Change of Mind

If you are not entirely satisfied with your order, you may be entitled to a refund of the purchase price of the Product provided that:

• the Product is returned to us and received by us within 21 days after an order has been delivered to you;

• the Product is in its original packaging, not damaged and not used;

• you return the Product with the original proof of purchase;

• is not a clearance or sale item.

Please note that if your Product is eligible for a refund (see above), then you will receive a refund of the purchase price of the Product returned. We will not refund the shipping/delivery fee that you paid.

Refunds will be made to the original method of payment. If you paid for your transaction via PayPal, the refund will be handled by PayPal. Please allow up to 14 days for your return to be processed and refund arranged.

To enable us to process your refund, please contact our Customer Service team by email at info@camelbak.com.au. We will provide you with the steps that you need to complete to return the item to us.

We recognise that the option to return items for a change of mind is important to our customers. To ensure a positive shopping experience for all customers and to prevent fraud, abuse and misuse of this policy, we may refuse to accept items returned for change of mind reasons if we identify an unreasonable or excessive return pattern and may also restrict or refuse future transactions from such individuals.

Product Exchange

We do not accept an exchange of products. If you purchased your Product through our website and wish to exchange it for a different product, you will need to return your purchase and complete the return process.

If you purchased your Product at our CamelBak store in Sydney, please visit our store to arrange for an exchange. All products exchanged at our CamelBak store in Sydney must:

• be exchanged within 21 days from the date of purchase;

• be presented with the receipt/proof of purchase at the time of exchange;

• must be in its original packaging, not damaged and not used;

• not be a clearance or sale item.

If you were sent the incorrect product and wish to exchange the product you received, please contact our Customer Service team at info@camelbak.com.au and we will arrange for your item to be collected free of charge. We will then send you the Product you ordered.