TERMS & CONDITIONS
In these Terms, capitalised terms have the following meanings unless the context requires otherwise:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Charles Parsons Group means the following entities (severally), including their successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)), Charles Parsons (Holdings) Pty Ltd (ACN 42 003 181 100), Charles Parsons & Co Pty Ltd (ACN 000 008 668), S. & R. Fashions Pty. Ltd. (ACN 092 609 866), K. S. Textiles Pty. Ltd. (ACN 007 013 934); Rapee Pty Limited (ACN 001 712 938); Charles Parsons (NZ) Limited (NZ Company No. 110409); and Charles Parsons Pacific Limited (NZ Company No. 382535).
Services means goods and services provided by Charles Parsons Group, including access and use of its Website, pages owned or operated by Charles Parsons Group on social media websites and other platforms; and goods and services offered or supplied by Charles Parsons Group, including but not limited to creating an account with Charles Parsons Group, through which purchases are made, purchasing goods or services through a Website and use of a contact form located on a Website.
By using our website (located at www.esc-outdoors.com.au and related URLs (Website)) or our Services, you agree to be legally bound by these Terms and Conditions (Terms).
By agreeing to these Terms, you are entering into an agreement with Charles Parsons Group (Charles Parsons Group, or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
You agree that you are responsible for your access to our Website and for ensuring that any persons that may access the Website through your internet connection are aware of and compliant with, these Terms.
You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
You agree that any purchase of goods from our Website (Products) is subject to these Terms.
An order is accepted upon the latter of the following to occur:
- you have submitted your order;
- you have paid the purchase price in full, including any taxes, duties and shipping costs; and
- we have issued an order
By placing an order via our Services, you are making an offer to purchase those Products for the price (including the delivery and other charges and taxes) specified at the time that you place your order.
Rights in relation to an order
Charles Parsons Group reserves the right to:
- accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any product, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department, or an error in your order;
- request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
- cancel an order at any time, for any reason; or
- restrict the quantity or total value of products available for purchase to each person or
Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Charles Parsons Group shall not be liable for any loss or damage whatsoever arising from such acts.
Where you have placed a pre-order for Charles Parsons Group products, you acknowledge and agree that you will be charged the full purchase price of the products at the time of placing the order or as specified in an invoice issued by Charles Parsons Group to you (Invoice). If an order is cancelled or unable to be fulfilled, then to the maximum extent permitted by law, your sole remedy will be a refund of the price paid to Charles Parsons Group. You agree that you cannot cancel a pre-order once it has been accepted by Charles Parsons Group.
Charles Parsons Group may specify an approximate estimate for delivery of a pre-order. If a pre-order is not ready to be shipped within a reasonable time after such estimate, you may request cancellation of the pre-order or part of the pre-order in writing to Charles Parsons Group and Charles Parsons Group may, in its absolute discretion, accept or reject such cancellation.
Amendments and cancellations
You may amend an order by contacting Charles Parsons Group, however Charles Parsons Group reserves to right to reject an amendment request for any reason. If you require additional assistance, please email or telephone us, and discuss the matter with our customer service team who will then receive permission to change the order. If an order has already been dispatched, then postage/freight costs will apply.
Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Charles Parsons Group as a direct result of the cancellation (including, but not limited to, any loss of profits).
Whilst we have made every attempt to show textures, appearances and colours of our products as accurately as possible on our website, product images may vary from the delivered product depending on your monitor, settings and computer equipment.
Colours depicted should be used as a guide only - we have made every effort to display the colour of our products as accurately as possible. Due to our policy of continual product development, the specifications, colours and features may vary.
Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website.
All orders are made subject to availability. Whilst we use our best efforts to ensure that products are available for delivery, there may be some circumstances where products are unavailable.
Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative product. If you do not vary or cancel your order within 1 business day of notification you are deemed to have accepted the delay.
We cannot provide rainchecks for products ordered online. In respect of any products, we reserve the right to limit the sale of products to reasonable or normal household quantities.
Product recalls and bans
If a product is subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such product and you consent to us contacting you and you agree to inform any end-user of a product purchased from Charles Parsons Group, including any gift recipient, of any product recall applicable to such product.
- Prices and payment
We reserve the right to vary, amend, add or remove payment methods, prices or Products offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
Unless specified otherwise, prices displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
Prices of Products, as well as delivery and any other charges displayed on our Website are current at the time of issue but may change at any time and are subject to availability.
You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
When a purchase is made on our Website, full payment of the purchase is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full. Payment may be made by the methods approved by Charles Parsons Group.
You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
- Delivery and shipping
Delivery fees may apply to your order or you may arrange for pick-up of your order if available, as specified on our Website from time to time.
Any delivery date or time specified by us is a guideline or estimate only and Charles Parsons Group will not be held liable for any loss or damage suffered as a result of any delay in delivery. You agree that you will still accept delivery of the products even if they are delivered on a different date and time. However, if a product is not delivered within a reasonable time after the estimated date, please contact us.
All orders will be delivered within usual business hours and cannot be delivered to a P.O. Box address.
Please ensure your delivery address is accurate, as we do not accept any liability for non-delivery or delayed parcels due to incorrect details and you may incur a re-delivery fee.
Delivery of the Products purchased from Charles Parsons Group (Delivery) is taken to occur at the time that:
- you, or your nominated carrier takes possession of the products at the relevant Charles Parsons Group address;
- Charles Parsons Group (or Charles Parsons Group’s nominated carrier) obtains a receipt or delivery docket signed by a person at the nominated address; or
Charles Parsons Group (or Charles Parsons Group’s nominated carrier) delivers the products to your nominated address, even if you are not present at the address.
Delivery within Australia
Except for pre-orders, we aim to deliver orders within Australia between 3 to 10 business days from receipt of order, subject to stock availability.
Depending on where you live, we use either Australia Post, Toll Ipec, Hunters Transport, WA Freight
Group or an alternative carrier(s). Please note that all of these carriers require you to sign for your delivery.
- Risk and title
If you or your freight company are collecting the products from us, risk of damage to or loss of the Products and the collection passes on to you and you must insure the Products on or before Delivery. If we are arranging delivery of the Products then risk and title of the Products passes to you upon Delivery.
- Promotions and discounts
Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons (Promotional Offers), cannot be used in conjunction with any other offer.
Charles Parsons Group reserves the right to:
- terminate, modify or extend any Promotional Offer at any time, without notice; or
- cancel any order to which a Promotional Offer has been applied in error or contrary to the terms and conditions of such Promotional
- Returns and refunds
All sales are final on our products, except where:
- a Product is faulty;
- if a Product does not do what it is supposed to do;
- if incorrect Products were dispatched from us; or
- if otherwise required under Australian Consumer
We do not offer refunds or exchanges if you change your mind or if you purchase the wrong model/size (except as required under Australian Consumer Law).
Please contact Charles Parsons Group if you have a return enquiry, with details of your return and proof of purchase. If a return is required, Charles Parsons Group will issue a Return Authorisation Number and shipping instructions. Please ensure that you have received a Return Authorisation as Charles Parsons Group will not be responsible for any lost and/or unauthorised returns.
Customers must pay the initial cost of return shipping in accordance with Charles Parsons Group’s shipping instructions. Once Charles Parsons Group determines that the product is faulty or that a return is required under the Australian Consumer Law, it will reimburse the Customer for such return shipping costs.
Please ensure that you adhere to our Shipping Policy regarding returns as you are responsible for the retuned products until we receive them, and we will not accept any liability for any products that are lost
Australian Consumer Law
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also 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.
Some Products may come with a Manufacturer’s Warranty, which operates in addition to your rights under Australian Consumer Law. Please check the advertised Manufacturer’s Warranty period for each specific product. The Manufacturer’s Warranty period commences at the time of purchase as specified on your receipt for purchase. Spare parts are sold without a Manufacturer’s Warranty unless advertised otherwise. All freight costs associated with return of product for assessment under a Manufacturer’s Warranty is payable by the consumer until such time as we deem the item to be faulty.
Without prejudice to any other remedies, Charles Parsons Group may:
- cancel all or any part of any order or suspend or terminate the supply of products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
- terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our
If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Products paid for but not supplied. To the maximum extent permitted by law, Charles Parsons Group will not be liable to you for any further loss or damage you suffer because Charles Parsons Group has exercised its rights under this clause or these Terms.
- Intellectual Property
All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services and Website are owned by, or licensed to Charles Parsons Group, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
You may access and use the information provided by Charles Parsons Group on this Website, on a limited, revocable, non-sub licensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Charles Parsons Group.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Charles Parsons Group’s intellectual property rights, whether by estoppel, implication or otherwise. Charles Parsons Group reserves all rights not expressly granted in the Services.
- Unauthorised access and malicious materials
You must not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You agree that you will not cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.
To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
- Third Parties
Our Services may, from time to time, contain links to and from Websites which are owned or operated by other parties. Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
- Limitation of Liability
To the maximum extent permitted by law, Charles Parsons Group, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
- any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
- any, use of the information on or access to Services including if for any reason our Website is unavailable at any time or for any period;
- any errors in, or omissions from, the information contained on this Website;
- any Products supplied by Charles Parsons Group; or
- these Terms or any breach of these
You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
To the maximum extent permitted by law, Charles Parsons Group’s liability under these Terms shall be limited to any one or more of the following:
- the replacement of the Products or re-supply of equivalent Products;
- the repair of such Products;
- the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
- the payment of the cost of having the Products
To the extent permitted by law, Charles Parsons Group expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
This clause survives termination of these Terms.
- Disclaimer of Warranty
Charles Parsons Group provides this Website and its contents on an “as is” basis and use of this information is at your own risk. While we aim to update our Website regularly, neither Charles Parsons Group, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.
We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any Products, information or content featured on this Website or provided through our Services without notice. You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.
- Release and Indemnity
You agree to release and indemnify and hold Charles Parsons Group and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Products from Charles Parsons Group, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party, including, but not limited to, losses we incur due to:
- any cancellation of an order by you or any return any Products (except where required by Australian Consumer Law);
- any your breach of these Terms;
- any default or delay of payment by you;
- any action we take against you; or
- any legal costs incurred by us due to your
You must pay to us, on demand, for any such claims, demands, proceedings, losses and damages. This clause survives termination of these Terms.
- Amendments and correction of errors
Charles Parsons Group reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.
Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
Charles Parsons Group reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and products, at any time without notice to you.
Waiver: Any failure or delay by Charles Parsons Group in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Charles Parsons Group from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Charles Parsons Group will not be held liable for any delay or failure in performance of any part of the Services or delivery of Products.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Termination: Charles Parsons Group may terminate these Terms and the Services, in its absolute discretion, at any time and without notice to you.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Charles Parsons Group and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional terms agreed between the parties, the additional terms will prevail. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that it’s content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.