Terms & Conditions – Lotus Belle Australia
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*** Please note that due to the huge hike in freight due to Covid we not always able to ship door to door to outer Metro areas. Please contact us for a list of depots and a freight quote *** 

Lotus Belle Website Terms and Conditions

Welcome to www.lotusbelle.com.au (the 'Website'). The Website is owned and operated by the Australian registered branch of Lotus Belle NZ Limited (trading as Lotus Belle Tents Australia) (ABN 78 601 582 245) (‘Lotus Belle). Thank you for using Lotus Belle products and services.

These terms and conditions (‘Terms’) shall apply to all transactions for tents and related accessories (our ‘Products’) supplied by Lotus Belle. These statements apply in addition to other terms and conditions on this Website.   Please read them carefully before placing your order and print a copy for future reference. By placing an order with us or agreeing to delivery of one of our Products, you are agreeing to accept these Terms. Your order is considered accepted once the Product is dispatched.

In these terms and conditions "you", "your", "yours" and "yourself" are references to any person ordering Products from Lotus Belle, and “the company”, "we", "our" and "ours" are references to Lotus Belle.

  1. HOW TO BUY

You can buy online by direct crediting to our Commonwealth Bank Account made available on the Website or by major credit card through our Shopify Payments and PayPal payment gateways – on PayPal you can also pay by PayPal itself. (See the 'How to Order' section on the Website.) Our payment facilities are secure.

  1. AVAILABILITY                                                             

All Products advertised for sale are subject to availability. Our Website will normally ensure that the “out of stock” sign goes up as soon as we sell out of individual Products. In the rare event that we are unable to supply the Products displayed on the Website as available, perhaps due to an error in our warehouse stock count or other circumstances outside of our control, we will contact you as soon as possible. Where for any reason, Products are not available, we may propose to provide you with similar Products of similar quality and price. The choice is yours. If you do not wish to accept a substitute Product, we will return any funds paid as soon as possible. If for any other reason we cannot accept your order, we will also refund your payment as soon as possible.

  1. SPECIFICATIONS
  • Occasionally, Product specifications from the manufacturer may change in a very minor way without prior notice. However, any significant changes will be notified on this Website.
  • All colours, sizes, weights and measurements shown on the Website are approximate but every effort is made to ensure that they are as close as possible to what is shown.
  • Fading will occur, particularly in coloured models of tents due to the high UV penetration in Australia.
  1. CANCELLATIONS

We like to accommodate everyone and understand things can happen, but cancellations affect our business too. Therefore, cancellation of pre-orders will be charged at 10% of the value of the order to cover administrative and postage costs. For sale items all sales are final, no returns 

  1. PRICING
  • All prices are shown in Australian Dollars (A$). Prices may be changed from time to time without notice but all orders (including deposits) will be fulfilled at the price listed at the time the order is placed. Freight charges are extra. (See also the “Shipping” section).
  • If you wish to order 5 or more tents, please contact us as there may be a discount available for multiple purchases, at Lotus Belle’s discretion and subject to availability. We can also provide promotional opportunities 
  1. SHIPPING
  • Unless otherwise stated, shipping by road from our fulfillment centre in Brisbane will be charged in addition to the price of the Products. Shipping costs will vary according to the delivery address, weight and size of the Products ordered, and the method of shipping preferred or nominated by the buyer. (We use standard freight delivery and unable to use parcel post due to the weight.) Our shipping companies are well known carriers selected for cost and service quality, although they sometimes sub-contract the last stages of distant deliveries to local carriers. Their charges are passed directly on to our customers.
  • Orders will normally be dispatched within 3-4 business days of being ordered (please bare in mind there may be variants on these times due to the recent freight/logistics issues due to Covid19). We will send you by email the estimated time of arrival (‘ETA’) and tracking details from the carrier as soon as Products are dispatched, but we cannot guarantee ETA or tracking details as the accuracy of these is in the hands of the carrier. Sometimes shipments are briefly delayed in transit despite best endeavours by all parties.
  • We also ship to some nearby overseas countries. Just contact us for a quote. Orders for delivery in New Zealand should be placed on the New Zealand Website (www.lotusbelle.co.nz). Some other offshore addresses may be sourced from authourised Lotus Belle distributors in those overseas countries if that means quicker delivery and lower shipping and related costs for you. We will inform you if we intend that your order for an overseas country is to be handled by a Lotus Belle company outside Australia. If we do not have a distributor in the destination country, we can arrange freight but separate arrangements may need to be made by you for clearing the shipment through Customs in that country or you agree to meet those costs. Lotus Belle will not be responsible for import duties or other charges in the destination country.
  • If you are ordering for nearby Asia and Pacific countries, we recommend you get a quote from a local freight broker and get some advice from people or businesses in your area who have experience in importing. Lotus Belle will do our best to help facilitate freight to any country but please be aware that due to local importing laws in some countries it can be a challenge.
  • Please note that shipping is sometimes not exact due to the recent surcharges in freight there may be additional charges for delivery of outside Metro areas and rural door to door service. Please contact us for an exact quote and we can provide you with a list of depots for pick up if you live rurally (which works out much cheaper) 

  • Please note we don’t cover change of address or multiple attempts to deliver resulting in returns - there will be additional charges If items have to be redirected or resent 
  • Your tent will arrive in strong cartons which serve only as packaging and is not a part of your purchase. It is possible that these will be soiled or damaged in transit, we do not replace or repair this outer packaging. The canvas bag inside your larger transit bag is for keeping. 
  1. DAMAGE IN TRANSIT

If you take delivery of a Lotus Belle package and the contents have been damaged in transit, you should notify Lotus Belle immediately by email. We may offer/ issue a full refund once the package is returned to us for inspection, including the normal cost of return shipment. Alternatively, we can pay for repairs if the damage is minor and we agree to handle it that way.

  1. AUSTRALIAN CONSUMER LAW AS TO DEFECTS AND WARRANTY
  • Our Products come with guarantees which cannot be excluded under Australian Consumer Law. You are entitled to a refund or a replacement for a major failure. You are entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

(b)     All returns of Products ordered on our Website are subject to our Returns and Refunds Policy which are incorporated in and form part of these Terms. Please first read the terms of our Returns and Refunds Policy carefully before contacting Lotus Belle as they govern your eligibility for repairs, replacements and refunds.

  • Please be aware that the Australian Consumer Law does not give you the right to return the Product simply because you change your mind about wanting to buy the Product or for “buyers’ remorse”. If you decide after ordering or receiving the Product that you do not want it and wish to dispose of it, then it is your responsibility to find a buyer or another recipient for the Product.
  • Lotus Belle offers a limited warranty for all components (‘Components’) of Products as described below which are found to be faulty for up to one year (the ‘Warranty Period’) from the date that you receive the Products (the ‘Warranty’). In these Terms, Components mean [Insert description to be clear i.e. do you cover tents and any of their components or some and not the other?].
  • All Components of the tent or related products are covered by this Warranty against defects during the Warranty Period. If you have a claim for damage please provide us with:
  • photos of the problem and photos of where the tent is set up;
  • the Unique Product Number (‘UPN’) which is located on the underside of the fireproof label located inside the walls of the tent; and
  • the exact dates of the damage.
  • If we agree to replace or repair the problem Components, we will supply replacement Components as soon as we are able to do so, (We may need to source these from an overseas manufacturer) and pay reasonable charges for the repair or installing the replacement part if that is required to fix the problem. If the problem is very serious, we may arrange to have a replacement Product issued at our discretion. We require all faulty Products to be returned to us for inspection, at our cost.  
  • The Warrantydoes not cover damage done by inappropriate or unlawful use of the Product as described in Section 11 below (“Responsible use of Lotus Belle Tents and Related Products”) and Section 12 (“If Our Products Are Used by Members of the Public”) set out below. The Warranty may not apply if the Product has been altered or modified in a way which we believe might affect the performance of original Components.
  • Our Warranty may not apply to tents that have been lived in full time or used for commercial use. Lotus Belle reserves the right to change Products and designs without incurring any obligations to incorporate such changes into already completed Products, or those in the hands of dealers or consumers. Products repaired or replaced under this Warranty may or may not incorporate these changes.
  • This Warranty is provided by Lotus Belle NZ Limited (trading as Lotus Belle Tents Australia) of 334 Friday Hut Rd, Possum Creek, NSW 2479, Australia. A branch of the company is registered in Australia, registration number ABRN Number 601 582 245. The ABN is 786 015 822 45. In the event of any need to contact us about this Warranty, please email us at info@lotusbelle.com.au.
  • Returns will only be accepted in original condition (preferably in original packaging). Components that have been modified or excessively handled will not be accepted as a return.
  • The Warranty shall be the sole and exclusive warranty granted by Lotus Belle and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Components to which this Warranty relates.
  • The Warranty does not apply to any appearance of the supplied Components nor to any supplied Components where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
  1. WARRANTY LIMITATIONS AND EXCLUSIONS
  • Save for those express warranties provided in these Terms and to the maximum extent permitted by law, Lotus Belle does not give any other express warranty or representation of any kind in relation to any Components supplied under these Terms.
  • This Warranty does not apply to any defect in the Components arising from:
  • fair wear and tear
  • incorrect assembly or not installed or maintained in accordance with accompanying documentation
  • inadequate storage
  • inappropriate cleaning
  • misuse
  • lack of maintenance
  • the Component has been modified in any way
  • Component used in a manner or purpose for which the Component was not intended
  • repaired or serviced by someone other than Lotus Belle
  • damage to Components due to events out of our control including Force Majeure once the Components are delivered to you.
  • Returns will only be accepted in original condition and preferably should be in the original packaging. Components that have been modified or excessively handled will not be accepted as a return.
  • Where the Warranty Claim is accepted then Lotus Belle will, at its sole discretion, either repair or replace any defective Components or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. If you reside in Australia, Lotus Belle will be responsible for the return postage or shipping costs to facilitate your Warranty Claim. If you reside outside Australia, you acknowledge and agree that you will be responsible for all postage or shipping costs outside of Australia to facilitate your Warranty Claim for orders.

[check accuracy of above]

  • All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
  • The Warranty does not apply to any appearance of the supplied Products nor to any supplied Components where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
  • Save for those express warranties provided in these Terms and to the maximum extent permitted by law, Lotus Belle does not give any other express warranty or representation of any kind in relation to any Components supplied under these Terms.
  1. LIMITATION OF LIABILITY
  • You agree that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.
  • Lotus Belle’s maximum liability extends to the repair or replacement of the defective Product, or where required by law, a full refund up to the maximum purchase price.
  • Notwithstanding any other terms of this Warranty, the total aggregate liability of Lotus Belle for any loss whatsoever shall be limited to the purchaser’s price of the affected Product(s).
  • Notwithstanding any other term of this Warranty, in no event shall Lotus Belle be liable for loss of profits, revenues, product, contract, market or data or for any indirect, consequential, incidental, special or other similar damages.
  • For the avoidance of doubt the limitation and exclusion of liability stated above shall apply to liability on any legal or equitable basis including liability arising out of any breach of this contract or obligations under this contract, for breach of warranty, tort (including negligence), by way of indemnity, by statute (to the extent permitted by law), or any other legal theory.
  1. RETURNS AND REFUNDS POLICY
  • Returns and refunds will be processed in accordance with the Australian Consumer Law. Please refer to our Returns and Refunds Policy.
  • It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt, Lotus Belle will offer a full refund, replacement or repair of the Products in accordance with its obligations under the Australian Consumer Law.
  • Except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.
  • If for any reason we owe you a refund, we will notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within approximately three (3) weeks of receiving our email, or if Products are to be returned to us, within three (3) weeks of us receiving the returned Product. (We will always try to make refunds as soon as we can).
  1. REFUND OF DEPOSITS DUE TO DELAYS

A full refund of a deposit will only be made if Lotus Belle fails to deliver a Product within the time period quoted at the time of the order. No deposit refunds will be offered under any other circumstances. If a factory shipment to our fulfillment center is delayed, we may ask you to accept a later delivery from us, but that is your choice. If you do not agree to a later delivery, we will refund your deposit in full.

  1. RESPONSIBLE USE OF LOTUS BELLE TENTS and RELATED PRODUCTS
  • Please note that the conditions listed below are not intended to limit any consumer rights under Australian Consumer Law. These conditions refer to what we consider to be inappropriate use of our tents or other Products or outside the intended purpose of these Products.

 

  • Because we have no control over how our tents and other Products are used, we cannot be held responsible for injuries to users or damages to the tents where this is caused by adverse weather (including high winds, snow and flooding) or by unwanted animals, wildlife or other pests entering a tent or by acts of God. Users need to exercise care in selecting a camp site and in using the Products. For example, users should take care to avoid tripping over tent guy ropes.
  • In relation to weather damage, Lotus Belle cannot be held responsible for injury to users or damage to our tents or their contents for tents left up in inappropriate weather conditions such as high winds or in low lying areas subject to potential flooding, bush fires or by falling trees or falling power lines. Please heed weather warnings! Be aware the Lotus Mahal being such a large structure, which has no fixed roof is much less wind resistant than the Lotus Belle. The Air Beam Bud tents are lighter weight and also less resistant to wind. These two Products should not be used in high winds. Lotus Belle tents are made from quality materials and our experience is that a properly erected Lotus Belle tent can withstand a range of weather conditions. However, we cannot offer guidance on that because it depends on factors such as how well our instructions were followed in erecting the tent, how well the tent pegs were hammered to the ground, how soft the ground was at the time and how sheltered the site was at the time.
  • Lotus Belle is not responsible for mould (or mold) and will not take returns or offer refunds in these circumstances. Mould is an environmental issue which can occur with canvas products and is not a manufacturing issue. It is up to the owner to prevent and treat mould if it occurs. Please refer to our care instructions in the FAQ section of this Website. 
  1. STOVES and COOKING

If appliances such as stoves or other cooking or heating devices or other appliances are operated within the tents, that use is completely at the users own risk. Lotus Belle cannot be held liable or responsible for any injury or damage caused by the operating of any fuel or electrical appliances within the tent or nearby. Contact your local regulator for applicable fire rules and safety recommendations.

  1. IF OUR PRODUCTS ARE USED BY MEMBERS OF THE PUBLIC

If our Products are used for hire to the public, for other commercial purposes, for hospitality or for any other purpose by person who was not the buyer of the Products and you find a fault which causes you to issue refunds to your own customers, or paying damages to other people due to injury or any other reason, Lotus Belle will not be responsible for reimbursing those losses. Likewise, should you experience damage to reputation or loss of business through product fault or any other reason, Lotus Belle shall not be held responsible for any costs incurred or profits lost. In certain circumstances, entirely at our discretion, we may offer to replace Products or make a refund but the maximum amount refunded will not exceed the price paid by you. Lotus Belle shall not accept responsibility for injuries caused through improper use of our Products and it is your responsibility to pitch correctly, check parts regularly, and check weather reports for the event you are attending. If our Products are to be used by members of the public, you should have your own public liability insurance to cover all eventualities.

  1. PRIVACY AND USE OF CUSTOMER INFORMATION

We will take all normal precautions to protect the privacy of any customer information we have. We do not sell customer information to any other business or person. We will not supply customer information to any other person for any purpose except with your written permission. A small number of our customers have agreed to allow their tents to be used for demonstration purposes, entirely at their discretion.

  1. NOTE ON AGREEMENT BETWEEN PARTIES

These terms and conditions shall constitute the entire agreement between the parties. No variation of these terms and conditions shall be valid unless it is in writing and signed by the parties concerned.

  1. CHANGES TO TERMS AND CONDITIONS

We may change these terms and conditions from time to time without notice. Any changes will apply to all Products supplied after the change to our terms and conditions.

 

© 2019 Lotus Belle NZ Limited. All Rights Reserved.
 
Website Terms and Conditions last updated 20 August 2019.

 

 

 

 

 

 

 

 

 

 

 

Lotus Belle Warranty