Terms of service

CROSS COUNTRY TOURING

TERMS & CONDITIONS

Cross Country Touring Co.
ABN: 77 506 726 672
Website: https://crosscountrytouring.com/
Customer Service: Admin@crosscountrytouring.com

1. Acceptance of These Terms

These Terms and Conditions apply to your use of the Cross Country Touring website and to purchases made from Cross Country Touring ("CCT", "we", "us" or "our").

By accessing our website, placing an order, or making payment for a Product, you acknowledge that you have had an opportunity to review these Terms and agree to be bound by them.

Payment for an order constitutes acceptance of these Terms and Conditions, subject to any rights or protections that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

These Terms apply to customers, website users and purchasers of Products from CCT.

If you do not agree with these Terms, you should not place an order or use our website.

Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee, remedy or protection available to a Customer that cannot legally be excluded.

2. Definitions

For these Terms:

Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth), together with applicable state and territory legislation.

CCT, Cross Country Touring, we, us or our means Cross Country Touring Co. ABN 77 506 726 672.

Customer, you or your means a person or entity purchasing Products from CCT or using our Website.

Product means any goods supplied or sold by CCT, including rooftop tents, awnings, vehicle accessories, camping equipment, solar products, electrical equipment, mounting equipment, spare parts, apparel and related products.

Manufacturer means the manufacturer or supplier responsible for a Product supplied by CCT.

Website means the Cross Country Touring website and associated online services.

Terms means these Terms and Conditions together with any applicable policies expressly incorporated into them.

3. Website & Online Store

3.1. You must use our Website lawfully and in accordance with these Terms.

3.2. You must not use the Website to engage in fraudulent, unlawful or unauthorised activity.

3.3. You must not knowingly introduce viruses, malicious software or other harmful code to our Website or systems.

3.4. You must not interfere with the security, operation or availability of the Website.

3.5. CCT may restrict or suspend access to the Website where reasonably necessary, including where there has been misuse, unlawful activity or a material breach of these Terms.

3.6. We may introduce new features, products or services through the Website. Unless otherwise stated, those additions will also be subject to these Terms.

4. Orders & Payment

4.1. Orders may be placed through our Website or through another sales channel approved by CCT.

4.2. An order is subject to acceptance by CCT and availability of the relevant Product.

4.3. CCT may decline or cancel an order where reasonably necessary, including where:

• a Product is unavailable;
• an obvious pricing or listing error has occurred;
• payment cannot be verified;
• there is suspected fraud or misuse;
• a supplier is unable to fulfil an order; or
• another legitimate reason prevents CCT from fulfilling the order.

4.4. Where CCT cancels an accepted order after payment has been received and no other remedy applies, CCT will refund the amount paid for the affected Product.

4.5. Customers are responsible for providing accurate billing, contact, delivery and other information required to complete an order.

4.6. Payment must generally be received before Products are dispatched unless CCT has agreed otherwise in writing.

4.7. Payment for an order constitutes acceptance of these Terms, subject to clause 1 and applicable law.

5. Product Information

5.1. CCT takes reasonable care to ensure that Product descriptions, photographs, specifications and other information published on the Website are accurate.

5.2. Product images are provided for illustrative purposes and may include accessories or equipment that are not included with the Product unless expressly stated.

5.3. Actual colours may vary from images displayed on electronic devices due to lighting, photography and screen settings.

5.4. Product specifications, dimensions, materials, colours and other characteristics may change where reasonably required by the Manufacturer or supplier.

5.5. Where a particular specification is important to your intended application, you should confirm the relevant information with CCT before purchasing.

5.6. CCT does not guarantee that a Product will be suitable for every vehicle, configuration, modification or intended use unless suitability has been expressly confirmed.

5.7. Nothing in this section limits rights available under the ACL.

6. Pricing, Availability & Errors

6.1. Product prices are displayed in Australian dollars unless otherwise stated.

6.2. Prices may change from time to time.

6.3. The applicable price will generally be the price displayed or quoted when an order is accepted, subject to obvious errors.

6.4. Freight, delivery and other applicable charges may be additional.

6.5. Products are subject to availability.

6.6. CCT may discontinue Products or change specifications where reasonably required.

6.7. If an obvious error in pricing, product description or availability is identified, CCT may take reasonable steps to correct the error and contact affected Customers.

6.8. Where an order cannot reasonably be fulfilled after payment has been received, CCT will contact the Customer and provide an appropriate remedy, including a refund where required by law.

7. Delivery & Transit Damage

7.1. CCT will make reasonable efforts to arrange delivery within the estimated timeframe provided.

7.2. Delivery timeframes are estimates unless a specific timeframe has been expressly guaranteed in writing.

7.3. Delivery may be affected by circumstances outside CCT's reasonable control, including carrier delays, weather, road closures, natural disasters, shipping disruptions, industrial action and supplier delays.

7.4. Shipping costs are the Customer's responsibility unless otherwise stated.

7.5. Customers are responsible for providing an accurate and reasonably accessible delivery address.

7.6. Customers have 48 hours to report any delivery damage to Products after the time of delivery; otherwise, compensation may not apply.

7.7. Where possible, Customers should photograph any visible damage to the packaging or Product and contact CCT promptly within 48 hours of Delivery/Receiving the product.

7.8. Customers should retain damaged packaging while a freight issue is being investigated.

7.9. CCT may request photographs, videos or other reasonable information to assist with investigating transit damage.

7.10. Failure to notify CCT promptly may make a freight claim more difficult to investigate but does not remove any statutory rights available to the Customer.

8. Vehicle Suitability & Fitment

8.1. Certain Products are designed for particular vehicles, model years or configurations.

8.2. Customers are responsible for providing accurate vehicle information when purchasing vehicle-specific Products or requesting compatibility advice.

8.3. Relevant information may include vehicle make, model, year, variant, body configuration and significant modifications.

8.4. Modified vehicles may differ from factory specifications and may require additional assessment before installation.

8.5. Customers are responsible for ensuring that their vehicle, roof, tray, roof-rack system, mounting points and supporting structures are suitable for the Product being installed.

8.6. CCT will take reasonable care when providing compatibility information based on information supplied by the Customer.

8.7. CCT is not responsible, to the extent permitted by law, for compatibility problems caused by inaccurate, incomplete or undisclosed vehicle information or modifications.

8.8. Customers should contact CCT before purchasing where they are uncertain about compatibility.

9. Installation & Professional Advice

9.1. Unless expressly stated otherwise, CCT does not provide installation services.

9.2. Customers are responsible for ensuring Products are installed correctly and safely.

9.3. CCT strongly recommends that Products involving structural, mechanical, electrical or vehicle-mounted installation are fitted by an appropriately qualified or competent professional.

9.4. Manufacturer installation instructions, safety requirements and specifications should always be followed.

9.5. Information provided by CCT about installation is general information and should not be treated as a substitute for professional advice.

9.6. To the extent permitted by law, CCT is not responsible for damage caused solely by incorrect, negligent or unauthorised installation carried out by a Customer or third party.

9.7. This section does not exclude rights arising where the Product itself fails to comply with an applicable consumer guarantee.

10. Rooftop Tents, Awnings & Vehicle-Mounted Products

10.1. Rooftop tents, awnings and other vehicle-mounted Products must be installed and used in accordance with applicable Manufacturer requirements.

10.2. Customers are responsible for ensuring that their vehicle, roof, tray, roof rack, mounting system and associated hardware are suitable for the Product and capable of safely supporting applicable loads.

10.3. Customers must observe all relevant Manufacturer load ratings and vehicle requirements.

10.4. Customers are responsible for ensuring that Products are securely mounted before use or travel.

10.5. Rooftop tents, awnings and other mounted Products should be regularly inspected, including bolts, brackets, rails, fixings and other structural components.

10.6. Rooftop tents, awnings and related products shall always be maintained by the customer including but not limited to; airing out canvas/mattress accessories at least 2 week intervals & after-use, when packed up ensure good seals, accessories/features are used and maintained appropriately.

10.7. Products should not be overloaded, used outside their intended purpose or operated contrary to Manufacturer requirements.

10.8. Customers should exercise appropriate care when using Products in severe weather or extreme conditions.

10.9. To the extent permitted by law, CCT is not responsible for damage caused by overloading, improper installation, misuse, inadequate maintenance or use contrary to applicable specifications.

10.10. Nothing in this section excludes rights that cannot lawfully be excluded under the ACL.

11. Electrical Products

11.1. Certain CCT Products may involve 12V, solar or other electrical systems.

11.2. Electrical installation should be undertaken by an appropriately qualified professional where required by law or where specialist knowledge is necessary.

11.3. Customers are responsible for ensuring that electrical systems are appropriately installed, protected and suitable for the intended application.

11.4. Applicable Manufacturer instructions and Australian electrical requirements should be followed.

11.5. To the extent permitted by law, CCT is not responsible for damage caused by improper, negligent or unauthorised electrical installation.

11.6. Nothing in this section limits applicable consumer guarantees.

12. Product Use & Maintenance

12.1. Products must be used for their intended purpose and in accordance with applicable Manufacturer instructions.

12.2. Customers should regularly inspect Products for damage, wear, corrosion, loose fasteners or other conditions that may affect safe operation.

12.3. Rooftop tents, awnings and related products shall always be maintained by the customer including but not limited to; airing out canvas/mattress accessories at least 2 week intervals & after-use, when packed up ensure product seals good, accessories/features are used and maintained appropriately.

12.4. Customers are responsible for reasonable ongoing maintenance following installation.

12.5. Failure to properly inspect, maintain or use a Product may contribute to damage, premature wear or reduced performance.

12.6. To the extent permitted by law, CCT is not responsible for damage resulting from misuse, neglect, unauthorised modification, improper maintenance or use contrary to Manufacturer instructions.

13. Product Modifications

13.1. Customers should not cut, drill, weld, alter or otherwise modify a Product where the modification may affect its structural integrity, safety or intended operation.

13.2. Customers should contact CCT or the Manufacturer before making significant modifications where they are uncertain whether the modification is appropriate.

13.3. Unauthorised modifications will void Manufacturer warranty coverage.

13.4. CCT may assess whether a Product failure was caused or contributed to by modification, misuse or improper installation.

13.5. This section does not remove any statutory rights that cannot legally be excluded.

14. Faults, Warranty & Consumer Guarantees

14.1. CCT aims to supply Products that comply with applicable consumer guarantees.

14.2. Products may also be accompanied by an express Manufacturer or CCT warranty.

14.3. Any express warranty operates in addition to, and does not replace, rights available under the ACL.

14.4. Customers who believe a Product has a fault should contact:

Admin@crosscountrytouring.com

14.5. CCT may request reasonable information to assess a reported issue, including photographs, videos, proof of purchase, serial numbers or installation information.

14.6. CCT may require a Product to be inspected or returned where reasonably necessary to determine the nature of an issue.

14.7. Where a Product does not meet an applicable consumer guarantee, CCT will provide the remedy required by law.

14.8. Depending on the circumstances, a remedy may include repair, replacement, refund or another remedy available under the ACL.

14.9. Where an issue is caused by misuse, improper installation, unauthorised modification, abnormal use or failure to follow applicable instructions, CCT may decline a Manufacturer warranty claim to the extent permitted by the relevant warranty and applicable law.

14.10. A Manufacturer warranty does not limit statutory rights under the ACL.

15. Returns & Refunds

15.1. CCT's returns policy operates in addition to statutory rights under the ACL.

15.2. CCT may accept Change-of-Mind Returns where the Product is unused, uninstalled, undamaged and otherwise suitable for resale.

15.3. Customers should contact CCT before returning a Product.

15.4. Where a Change-of-Mind Return is accepted, the Customer may be responsible for return freight and a reasonable handling or restocking fee of 10% where that fee was disclosed before purchase and is permitted by law.

15.5. A restocking or handling fee will not apply where a Customer is exercising a non-excludable right or remedy under the ACL.

15.6. Products that have been installed, modified, damaged or substantially used may not qualify for a Change-of-Mind Return, subject to applicable law.

15.7. Refunds relating to a valid ACL remedy will be handled in accordance with the applicable law.

15.8. CCT may reasonably inspect an approved Change-of-Mind Return before processing a refund.

16. Special Orders & Custom Products

16.1. Certain Products may be specially ordered, customised, personalised or sourced specifically for a Customer.

16.2. Such Products may be subject to specific cancellation and return arrangements.

16.3. CCT may require a deposit or full payment before placing a special order.

16.4. Change-of-Mind returns are not available for customised or specially sourced Products where permitted by law.

16.5. Nothing in this section excludes rights relating to faulty, defective, unsafe or otherwise non-conforming Products.

17. Ownership & Risk

17.1. Unless otherwise agreed or required by law, ownership of Products will pass to the Customer once CCT has received payment in full and the Product has been supplied to the Customer.

17.2. Nothing in this section affects the Customer's rights in relation to delivery, damage, title or risk under applicable law.

17.3. Where Products are supplied under an agreed commercial credit arrangement, ownership may remain with CCT until payment is received in full to the extent permitted by law.

18. Third-Party Products, Services & Links

18.1. CCT may provide links to third-party websites or services.

18.2. CCT does not control third-party websites and is not responsible for their content, availability or policies.

18.3. Customers should review the relevant terms and policies before entering into transactions with third parties.

18.4. Where CCT supplies a Product manufactured or provided by another party, Manufacturer warranties may apply in addition to the Customer's statutory rights.

19. Customer Content & Feedback

19.1. Customers may voluntarily provide reviews, photographs, videos, testimonials, suggestions or other content to CCT.

19.2. By voluntarily providing content to CCT for promotional purposes, you grant CCT a non-exclusive, royalty-free permission to reproduce and publish that content for reasonable marketing and promotional purposes.

19.3. Customers must only provide material they have the right to use and must not knowingly infringe another person's intellectual property, privacy or other rights.

19.4. CCT may remove or decline to publish material that is unlawful, misleading, abusive, defamatory or otherwise inappropriate.

20. Intellectual Property

20.1. The CCT Website, branding, logos, photographs, graphics, written material, designs and other content are protected by applicable intellectual property laws.

20.2. Unless otherwise stated, these rights belong to CCT or the relevant third-party owner.

20.3. Nothing in these Terms grants permission to reproduce, distribute, modify, publish or commercially exploit CCT intellectual property without written authorisation.

20.4. Third-party trademarks, product names and intellectual property remain the property of their respective owners.

21. Prohibited Website Use

You must not use our Website or Services:

(a) for unlawful purposes;

(b) to provide false or misleading information;

(c) to infringe intellectual property or other rights;

(d) to introduce malicious code or interfere with Website security;

(e) to obtain or attempt to obtain information or access that you are not authorised to access;

(f) to interfere with the operation of our Website;

(g) to engage in fraudulent activity; or

(h) in any manner that may damage, disable or impair the Website or our business systems.

CCT may restrict or suspend access where reasonably necessary to protect our Website, systems, Customers or business.

22. Website Availability & Third-Party Tools

22.1. CCT aims to maintain reliable access to the Website but does not guarantee uninterrupted or error-free availability.

22.2. Website functionality may occasionally be unavailable due to maintenance, technical issues, updates or circumstances outside our reasonable control.

22.3. CCT may use third-party software, payment providers, applications or other services in operating the Website.

22.4. Third-party services may be subject to their own terms and conditions.

22.5. CCT is not responsible for the independent operation of third-party services to the extent permitted by law.

23. Privacy & Information Security

23.1. CCT collects and handles personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

23.2. Information collected may include contact details, delivery information, order details, vehicle information and communications with CCT.

23.3. Personal information may be used to process orders, provide customer service, manage warranty matters, communicate with Customers and conduct other legitimate business activities.

23.4. Customers should refer to our Privacy Policy for further information regarding the collection and handling of personal information.

24. Limitation of Liability

24.1. Nothing in these Terms excludes, restricts or modifies any liability, right, guarantee or remedy that cannot legally be excluded under Australian law.

24.2. To the maximum extent permitted by law, CCT is not responsible for loss or damage caused by:

• incorrect installation;
• misuse;
• unauthorised modification;
• failure to follow Manufacturer instructions;
• overloading;
• inadequate maintenance;
• use outside the Product's intended purpose;
• inaccurate or incomplete vehicle information supplied by the Customer; or
• other Customer or third-party conduct that causes or contributes to the loss or damage.

24.3. CCT will not be responsible for delay, loss or damage resulting from circumstances outside our reasonable control, to the extent permitted by law.

24.4. For Customers and transactions where the law permits contractual limitation of liability, CCT may rely on the applicable limitation available under that law.

24.5. Nothing in these Terms excludes liability that cannot lawfully be excluded.

25. Indemnity

25.1. To the extent permitted by law, a Customer is responsible for loss or damage caused by the Customer's unlawful use, deliberate misuse, unauthorised modification or material breach of these Terms.

25.2. To the extent permitted by law, the Customer indemnifies CCT against reasonable loss, damage, costs or expenses arising directly from such conduct.

25.3. This indemnity does not apply to the extent that the relevant loss was caused by CCT's own unlawful conduct, negligence or breach of a non-excludable obligation.

26. Force Majeure

26.1. CCT will not be responsible for delay or failure to perform an obligation where that delay or failure results from circumstances beyond our reasonable control.

26.2. Such circumstances may include severe weather, natural disasters, fire, flood, war, government action, industrial disputes, transport interruptions, shipping delays, supplier disruptions, power failures, cyber incidents or other circumstances outside our reasonable control.

26.3. CCT will take reasonable steps to minimise the effects of such circumstances where practicable.

26.4. Nothing in this section removes a statutory right that cannot legally be excluded.

27. Severability

27.1. If a provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or removed only to the extent necessary.

27.2. The remaining provisions will continue to operate.

28. Entire Agreement

28.1. These Terms, together with any applicable Product-specific terms, warranties, policies and written agreements, form the agreement between CCT and the Customer in relation to the relevant Purchase.

28.2. If a mandatory legal right conflicts with these Terms, the mandatory legal right will prevail.

28.3. A failure by CCT to enforce a provision of these Terms does not constitute a permanent waiver of that provision.

29. Changes to These Terms

29.1. CCT may update these Terms from time to time to reflect changes to our business, Products, Website, services or applicable law.

29.2. The current version will be published on our Website.

29.3. Updated Terms will generally apply to orders placed after the updated version has been published.

29.4. CCT will not retrospectively remove or reduce rights that have already arisen in relation to an existing Purchase.

29.5. Customers should review the current Terms before placing future orders.

30. Governing Law

30.1. These Terms are governed by the laws of Australia.

30.2. Subject to mandatory legal rights available to a Customer, disputes may be dealt with by the courts and tribunals having jurisdiction.

30.3. Nothing in this section prevents a Customer from exercising a statutory right or remedy available under applicable Australian law.

31. Contact Information

Questions regarding these Terms, Products, orders, returns or warranty matters should be directed to:

Cross Country Touring Co.
ABN: 77 506 726 672

Email: Admin@crosscountrytouring.com

Website: https://crosscountrytouring.com/