1. PURCHASE AND DELIVERY TERMS
1.1 These purchase and delivery terms (the ”Terms”) apply when you (the ”Customer”; "you") order products at https://www.thule.com/en-au/ (the ”Website”). By placing an order for products on the Website you make a binding offer to Thule Sweden AB (please see below for business information and contact details) (“Thule”; "us"; "we", "our") to purchase the products included in your order. A legally binding agreement governed by these Terms is concluded between you and Thule when Thule accepts your order by sending you an order confirmation.
1.2 You should read the Terms carefully before submitting your order on the Website. Thule reserves the right to change the Terms from time to time without prior notice to the Customer by updating the Terms on the Website. Your purchase is governed by the Terms you agreed to on the Website at the time you placed your order.
1.3 Nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, which would contravene that law or cause any term of these Terms to be void (Statutory Rights).
1.4 The Website is only intended for sale to end consumers and orders to addresses in Australia. 1
2. PROCESSING OF PERSONAL DATA
2.1 Thule Sweden AB, Reg. No. 556076-3970, is the controller for your personal data and will process your personal data, such as your name and email address, in accordance with current legislation (including General Data Protection Regulation 2016/679 – GDPR, national laws and our Privacy Policy) in all contacts with us. More information on our processing of your personal data is described in our Privacy Policy. If you have any further questions, please contact us on email privacy@thule.com.
3. ORDER AND CONCLUSION OF CONTRACT
3.1 After placing the products you wish to purchase in the shopping cart you will be able to move forward with your order. A summary of your order and the total amount to be paid, including shipping costs, will be shown at the end of the order process. An order is placed when you press ”Pay now”.
3.2 By placing an order you make a binding offer to Thule to purchase the products included in your order. When you have placed your order, Thule will confirm receipt of your order by sending you an order overview e-mail, detailing the contents of your order. The order overview is an acknowledgement that Thule has received your order. The order overview does not constitute Thule’s acceptance of your order. A legally binding agreement is concluded between you and Thule when Thule accepts your order by sending you a shipping notification e-mail, confirming to you that Thule has dispatched the product(s).
3.3 You must be at least 18 years of age to place an order for products.
3.4 You cannot purchase products if you are doing so for the purpose of resale, resupply or any other commercial purpose.
3.5 Please note that it may sometimes take some time before you receive an order confirmation from us. Also check your spam to make sure that the order confirmation has not ended up there. Check that your order confirmation matches your order. If anything is wrong or if you have any questions, please contact us directly by using our contact form here.
4. THULE’S RIGHT TO REJECT AN ORDER
4.1 The fulfilment of all orders on the Website is subject to availability if an event occurs after you placed your order that affects our ability to fulfil the order. Subject to your Statutory Rights and depending on the reason hereof, we reserve the right to reject the whole or parts of an order by notifying you in the situations below, without being liable for any damages or costs, other than refund of the amount received from you for the cancelled order:
- the item is not available or not in stock due to an event that occurred after you placed your order;
- your order is flagged by our security systems as an unusual order or an order that may be related to fraud;
- your billing information is incorrect or not verifiable;
- you have breached these Terms including because you are under 18 years old or a reseller;
- the price displayed on the Website is manifestly incorrect due to an event beyond our reasonable control;
- we cannot deliver to the address you provided; or
- due to other circumstances beyond our reasonable control (see section 14).
5. PRICES AND PRODUCT INFORMATION
5.1 All prices are stated in $AUD and include applicable GST. Delivery cost may apply depending on the selected delivery option. The total cost of the order including delivery cost is always displayed before the order is completed.
5.2 While Thule endeavours to ensure that images of its products on its Website are as accurate as possible and without limiting your Statutory Rights, Thule excludes its liability to you for minor differences or variations in colour, texture, shade or general appearance of the products compared to the actual products that arises from the digital format of the Website (including resolution, lighting or quality aspects).
6. PAYMENT OPTION
See detailed information about our payment options for orders on the Website in connection with your order. Following the confirmation of your order and regardless of the method of payment, we will send you electronic records of your purchase to your e-mail address.
7. TRANSFER OF OWNERSHIP
7.1 We reserve the right of ownership of all products until we have received full payment for these.
8. DELIVERY
8.1 See detailed information about our delivery options when purchasing on the Website here.
9. CANCELLATION OF ORDER BEFORE DELIVERY
9.1 You can cancel your order free of charge and without giving any reason, provided that the order has not been prepared for shipping at our warehouse. In such a case, no costs are added. You can find the status of your order on your personal account on the Website (insofar you were logged in when you placed your order) or by contacting us directly using our contact form.
10. FAULTY OR DEFECTIVE GOODS
10.1 As a consumer, you have non‑excludable statutory guarantees under the Australian Consumer Law in relation to the goods we supply to you, which require that they comply with certain standards and obligations imposed by law (Consumer Guarantees). Nothing in these Terms is intended to exclude, restrict or modify your Consumer Guarantee rights.
10.2 If you wish to exercise your Statutory Rights in the event we have failed to comply with a Consumer Guarantee, please contact Thule within a reasonable time after you discovered the defect. A complaint made within two (2) months from the time you discovered the defect is always considered to have been made within a reasonable time.
10.3 Visit our FAQ to read more about how to complain about a product or contact us via our contact form. You can also find our contact details below. Be prepared to state your order number and the reason for the complaint.
10.4 Following your contact with us, we may request that you deliver your product(s) to an appointed repair center or, if there is no repair centre nearby, to a Thule partner shop. You can also return the product to us by post. If we instruct you to deliver your product(s) to a repair centre or Thule partner shop, you can choose to either visit the repair centre or partner shop, or request that Thule arranges for transportation of the product(s) to the appointed repair centre or partner shop.
10.5 Once we have received and inspected the product and determined that we have failed to meet the Consumer Guarantees, we will provide you with an appropriate remedy in accordance with the Australian Consumer Law and reimburse you for any postage costs.
10.6 If it is found that the returned goods do comply with the Consumer Guarantees, you are not entitled to a reimbursement of your postage costs and we will dispose of the item unless you inform us that you would like us to return the item to you, in which case you will be responsible to pay for postage for this return.
10.7 The assessment of a complaint can take up to 14 calendar days from when we have received the product.
11. THULE GUARANTEE AND THULE EXTENDED WARRANTY
11.1 The terms and conditions of the "Thule Guarantee" and the "Thule Extended Warranty" as set out in the documents available on our website from time to time are incorporated into these Terms.
12. REFUND
12.1 If Thule is to refund you for any reason the following applies. The refund will be issued to the same payment method used when the order was placed. For products originally paid for via direct bank transfer, the refunded amount will be deposited into your bank account. All refunds will be processed within 14 calendar days from the date you become entitled to receive the refund.
13. CUSTOMER’S RIGHT TO ASSISTANCE
13.1 As a consumer you are always entitled to turn directly to Thule for assistance with complaints, and other assistance in connection with your purchase or order. For more information about your right as a consumer please refer to the Australian Competition and Consumer Commission website.
14. CIRCUMSTANCES BEYOND THULE’S CONTROL
14.1 A circumstance beyond our control means an act or an event beyond our reasonable control, including, but not limited to, strikes, lockouts or other similar acts by a third party, civilian insurrections, riots, terrorist attacks or threats of terrorist attacks, wars or threats of war, fire, explosions, pandemics, epidemics, floods, earthquakes or other natural disasters or faults in public or private telecommunications networks.
14.2 If an event beyond our control occurs that we could not reasonably have foreseen at the time of your purchase and that affects our ability to fulfil our obligations under the Terms, we will contact you as soon as possible and the time for our fulfilment of our obligations under the Terms will be extended for the duration of the event beyond our control. You have the right to cancel your order and to a refund if an event beyond our control occurs and which prevents our delivery of an item to you.
15. BUSINESS INFORMATION AND CONTACT DETAILS
Thule Outdoor Australia Pty Ltd
299 Toorak Road
COMO CENTRE Suite 6A Level 3
South Yarra VI 3141
ACN: 688 237 176
ABN: 40 688 237 176
Telephone: +61 1800299472
Email: support@thule.com
16. MISCELLANEOUS
16.1 The content of the Website is copyrighted and belongs to Thule. The information on the Website is including, but not limited to, stills, moving pictures and sounds and text and layout must not, besides for purely private purposes or where it is expressly permitted, be copied, reproduced, altered, transferred or stored in any form whatsoever. Modifying the content of the Website is prohibited.
16.2 Logos on the Website belong to Thule. It is not permitted to use Thule’s trademarks or logos, in paper form, digitally or in any other medium.
16.3 The information on this Website may contain technical defects or typographical errors. Feel free to contact our customer service to report such a technical defect or a typographical error.
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1 Areas we do not ship to: Heard & McDonald Islands, Australian Antarctic Territory, Christmas Island, Cocos (Keeling) Islands, Lord Howe Island, Norfolk Island, Australian Defense Forces, Torres Strait Islands incl Thursday Island, Northern Peninsula, Kangeroo Island, Ashmore and Cartier, Coral Sea Islands.