Cabin Life “Terms and Conditions”
(2) “Cabin Life” ABN 43 268 448 517 (trading as " Cabin Life "), and its related (“us”, “our”, “we”, “Cabin Life”), carries on business from the website.
(3) The goods and services described in this website are available from “Cabin Life” Australia only.
(4) You and “Cabin Life” may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to “Cabin Life” via the website, to purchase the goods and services at the specified price, subject to these Terms.
(5) The "Cabin Life” and www.cabinkit.com.au Logo’s and words are registered trademarks of the “Cabin Life” Website.
(6) In these terms:
(a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website;
(b) reference to a “third party” in these terms includes a reference to any agent or contractor of “Cabin Life” or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;
(c) a reference to the "website" means www.cabinlife.com.au and www.cabinkits.com.au
(d) "Order" means an offer made by you in response to an invitation to treat made by “cabin Life” via the website.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at firstname.lastname@example.org
(3) You will receive an email from us as soon as practical after you create your membership account.
(4) We only permit one registration per email address.
(5) You must not use another members' account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us at email@example.com
(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
4. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
(a) are over the age of eighteen (18) years;
(b) accept these terms;
(c) agree that you have entered into a legal contract with “Cabin Life” in relation to these terms; and
(d) these terms, together with your order, constitute the entire agreement between you and “Cabin Life” for the supply of products.
(3) “Cabin Life” reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage “Cabin Life” may suffer as a result of a transaction entered into by a minor.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order, all orders must be canceled before we send the order to our factory, all order cancelation must be made in written form and signed and dated by the buyer.
(3) Your online Order must be paid as following:
a. Paid in full before we can begin arrangements for the manufacture or supply of the products to you or
b. 50% deposit before we can begin arrangements for the manufacture for your Log Cabin Kit and the balance for 50% to be paid before we can begin arrangements for delivery for your building.
c. The payment for installation will be paid as 50% at start of construction works and the balance of 50% upon completion and to be paid on the day the installation is completed and can be paid to the contractor directly.
(4) Representations of products for sale made by “Cabin Life” via the website do not constitute an offer to sell but an invitation to treat.
(5) You and “Cabin Life” may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(a) placing an electronic Order for the products using the website;
(b) you confirming the Order details in accordance with the procedure on the website;
(c) you making payment in full (plus any applicable delivery charges) on the website; and
(d) the acceptance of that offer by “Cabin Life”
(6) When entering into a sale contract via the website, our shop or by our sale representative, you will be taken to have communicated your offer to purchase the product(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) “Cabin Life” receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(5) You acknowledge that:
(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by “Cabin Life” for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(b) to the extent permitted by law, “Cabin Life” is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(c) “Cabin Life” may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d) “Cabin Life” may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(6) You will receive an email from “cabin Life” as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at firstname.lastname@example.org
(7) If your Order is not accepted by “Cabin Life” , “Cabin Life” will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(8) “Cabin Life” may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If “Cabin Life” cannot supply a particular product, “Cabin Life” will notify you by telephone or email as soon as possible.
(10) “Cabin Life” will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfillment of your Order.
6. Gift Cards
“Cabin Life” is unable to accept a “Cabin Life” Gift Card as a payment option for any online Order. However If you do have a “Cabin Life” Gift Card you wish to use please contact us at email@example.com and we will be happy to assist you further.
(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of “Cabin Life” Australia.
(3) Images of products shown without any advertised price beside that image are not offered for sale via the website. Please contact the showroom for purchase of these products.
(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5) We reserve the right to correct any errors published on the website.
(1) All payments must be made in full prior to delivery.
(2) Payments must be made via the CBA or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
(3) The failure by “Cabin Life” to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by “Cabin Life”.
All materials and timber supplied for your log cabin remains the property of “Cabin Life” until paid in full and funds transferred in our account, By signing the acceptance for our offer/order form you do give us the right to remove all our materials from your site or property and all charges and costs for removing will be paid by the client/owner to us direct or deducted from payments made if not paid within the due date on the invoice.
9. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by “Cabin Life”, “Cabin Life” will sell and supply the products to you as shown on your Order .
(2) Products may not be available for immediate delivery. “Cabin Life” will endeavor to deliver your Order within the lead time indicated at the time your order was placed. You agree that your Order for any item not In stock may take up to twelve (10) to fourteen (16) weeks ( or longer ) to be delivered to you from the date you place your order regardless any representation at the time of sale, your order may be delayed by any other reason that is not under our control. This timeframe is the average manufacturing lead time required by suppliers. “Cabin Life” will contact you on receipt of your Order to notify you of the indicative delivery date.
(3) Other than in respect of Orders for buildings, or deliveries to regional or remote areas, if “Cabin Life” gives you notice that it will be unable to deliver your Order within 10 business days ( for building that are in stock) of receipt of your Order, due to lack of stock or price rise from our suppliers you may cancel your Order without charge, and “Cabin Life” will arrange for a full refund of any payments or deposits made by you to be processed.
(4) Delivery times may be greater than 5 business days for regional or remote areas for buildings that are in stock or arrived in stock and pending delivery.
(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver or install the products within the specified time resulting from shipment/delivery delays from our suppliers.
(6) Delivery times will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first call, the invoice must then be paid in full. In addition, a storage fee of $50 per week will be payable. Storage fees will be invoiced to you on a weekly basis until delivery has been completed and are payable prior to final delivery.
(7) If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.
(8) Should you arrange your own delivery then the goods become your responsibility upon collection from Space's premises.
10. Delivery by Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) On acceptance of your Order by “Cabin Life” your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order for items that are in stock.
(4) If you Order large or bulky items, “Cabin Life” will contact you by telephone or email to arrange with you a suitable time for delivery.
(5) You will be required to be available in person to accept delivery of your order.
(6) If you wish to change the delivery date or delivery address you must contact us at firstname.lastname@example.org at least 48 hours prior to the dispatch of your order.
(7) “Cabin Life” will use its best endeavors to deliver or install your Order within any stated timeframes for dispatch, however “Cabin Life” does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(8) You must advise at the time you place your Order via the website or later when you discuss delivery with “Cabin Life” of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.
(9) “Cabin Life” reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.
(10) “Cabin Life” cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
(11) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
11. Orders for Collection at a “Cabin Life” Murwillumbah NSW.
(1) The terms of this clause apply where you select to collect your Order from a “Cabin Life”.
(2) If you select to collect your goods from a “Cabin Life”, a representative of the relevant “Cabin Life” Store will contact you by telephone or email to notify you when the Order is available for collection or to be deliver.
(3) Orders for collection at “Cabin Life” must be collected within 21 days of the relevant “Cabin Life” giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, “Cabin Life” has the right to allocate those goods to another customer and reorder the goods for you.
12. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
13. PayPal and credit card fraud
(1) The website employs the latest in Secure Sockets CBA and PayPal secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of “Cabin Life”, “Cabin Life” and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorized manner.
14. Disclaimer and Indemnity
(1) To the extent permitted by law, each of “Cabin Life” and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including or any delay or delivery for any of our products and services , but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, “Cabin Life” and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, “Cabin Life” and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
15. Order Enquiries
If you have any query about the progress of your Order please contact us at email@example.com. Please have your Order number handy as shown on the email confirmation.
16. Damaged or Faulty Products and Refund Policy
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) rights under the Refund Policy;
(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please choose carefully as “Cabin Life” will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected, colour, timber splits or cracks in wood. Please note that the Log Cabins are made from natural timber and colors will not be the same as the one in display, the Nordic Spruce Pine will have some cracks that are natural in timber.
(3) If your Order arrives damaged, please submit an email or if you have placed your Order online please email firstname.lastname@example.org within 3 days from delivery and must be in writing.
(4) In case of damaged goods, please refer to the “Cabin Life” Care Manual for an outline of our warranty policy. This document is available in-store or here .
(5) “Cabin Life” will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to “Cabin Life”, “Cabin Life” will not accept responsibility for the suitability or strength of fabrics supplied on a customer's own material or customer's own leather basis which is specified by the customer or their agent.
(6) Cancellations must be advised directly to the store of purchase no later than three working days prior to the scheduled delivery date. We will not accept cancelled orders after this time. If an order is cancelled for any reason we will issue a credit voucher (less 20% cancellation charge of the total invoice value) which will be valid for a period of 12 months this can be used at any of our stores to purchase goods worth the same value of shown on the credit voucher, delivery charges will not be refunded if we attempted to deliver goods. There will be no refund on unused amount of credit voucher.
Please choose carefully as we don't normally give refunds if you simply change your mind or make the wrong decision or any delay in delivery that is not control by “Cabin Life”. Exchanges and refunds can be given where goods have a major fault and cannot be replaced or rectified. Wrongly described or different from the sample shown to you or don't do what they are supposed to.
ATTENTION: Depending on time of the year and weather conditions, floor boards may swell or settle. Dry wood is absorbing moisture from the atmosphere and floor is expanding, therefore leaving expansion gaps between floorboards and between floor and walls is a must.
Add more floorboards, locking them together, until the floor is complete.
IMPORTANT: Windows and doors must be painted inside and outside with water based paint. A bead of clear silicone must be run around the outside beading to glass seal.
IMPORTANT: Windows and doors must be painted inside and outside with water based paint. A bead of clear silicone must be run around the outside beading to glass seal.
17. Privacy and Personal Information
(2) The privacy of your personal information is important to and paramount to “Cabin Life”
(3) “Cabin Life” and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at email@example.com. Personal information may include your name, residential and/or postal address, telephone number and email address.
(4) Your personal information is not collected if you only browse this website.
(5) Online payments are handled by CBA and Paypal. “Cabin Life” does not store your credit card or banking details. Please check the www.cba.com.au and paypal.com.au websites for details of their privacy policies and security measures.
(6) “Cabin Life” its related bodies corporate and their authorized third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that “Cabin Life” and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that “Cabin Life” thinks may be of interest to you. If you would prefer not to receive promotional or other material from “Cabin Life” or its third parties, please let us know and “Cabin Life” will respect your request. You also agree that “Cabin Life” may contact you by telephone to arrange delivery or collection of your Order.
(7) You may request “Cabin Life” to remove your personal information from its database by emailing us at firstname.lastname@example.org
18. Force Majeure
“Cabin Life” will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
19. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. “Cabin Life” makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and “Cabin Life”
21. Transfer and Assignment
If “Cabin Life” merges, sells or otherwise change control of its business or this website to a third-party, “Cabin Life” reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that “Cabin Life” has collected from you and any agreements it has made with you.
Please Note if Installation is included in our estimate then the installation it will be carry by our preferred contractors that are fully licensed to carry carpentry work for this type of work. Our office will organize the team and will advise the time that are available and confirm the time and introduce you (the customer) to our preferred installer. Deposit payment for 10% must be paid for installation to our office before installation starts and final payment must be paid on completion to Installer on completion.
Our preferred team of installers have much experience in construction of timber buildings and will erect the build in your place of choice. If you have placed an order including roof coverings, insulation, guttering or the addition of a veranda, these will all be fitted within the cabin construction price.
You will need to provide some of the basics, such as a suitable base, safe access to site and somewhere that the materials can be stored whilst assembly is taking place. The installers will require somewhere to park their vehicle whilst working at your premises, please advise us at the time of booking if parking is likely to be a problem. The base for your cabin should be at least 100mm bigger than the final construction. It can be a foundation constructed in various ways, from a concrete pad or plinths, paving, timber, breeze blocks, decking or sleepers, it is highly recommended that a concrete base is laid to prevent restriction being applied to the manufacturers guarantee, it is also wise to chamfer the edges which will sit beyond the cabin, so not water can remain on the surface. The importance is that the place should be level and flat base, ideally this should be at least 50mm above ground level to deter damp. Although the foundation beams and floor joists are impregnated to protect from damp the provision of damp proofing should be considered.
You will not necessarily need to be home for the date of installation, as long as the contractors/installers can gain access. We do ask that you are present once the building is assembled, as our Contractor/Installer will inspect the building with you and then issue you with a Completion Certificate, stating that the building has been assembled and finished correctly. They will also run over with you instructions on the initial treatment of the building, how to adjust doors and windows if necessary and how to look after it to ensure that it remains looking great and in good condition (see After Care for further information).
Whether you decide to erect the cabin yourself, or use of professional fitters, we instruct that the cabin is installed within 7 days of delivery and protected from rain and damp weather until installed. Failure to erect the building in a timely manner may result in the wood twisting, bowing or swelling. The timber used in the manufacture of the cabins are dried and stored in carefully monitored conditions, although they are built for outdoor use they do require weatherproof treatments. Until treatment is applied there is a risk that the timbers may change due to the variation in atmosphere. We can provide a quotation for timber treatment if required, please contact us if you would like to discuss this in more detail.
We find that many of our customers like to build the cabins themselves; this can be done in most cases with only 2 people and some general household tools. Assembly drawings and component specifications are included within the shipment of each cabin. Scale drawings of each component, including measurements and separate assembly drawings for each wall are all included, along with all component codes meaning that there is little or no chance of making a mistake, or installing the incorrect components in the wrong places. All fixings are included within the cabin price; no further hardware should be required. All hardware is hot dip galvanized ensuring that they are long lasting and durable whilst also guarding against rust. If you are not a DIY enthusiast or are simply too busy to have the time then our team of friendly and professional installers are available for your convenience.
23. Exempt and Complying Development
Important note The information that is provided by our sales person or any one from our office regarding Exempt and Complying Development is general information and is for guidance only and may not contain all the information relevant to every property in Australia. Applicants should refer to the relevant planning controls before work begins, or seek professional advice on how the planning controls apply to their property. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 identifies the majority of development types that can be done as exempt and complying development in NSW. For more information please follow the link here http://www.planning.nsw.gov.au/Portals/0/BuildingInNSW/EC/EC_POLICY_3_5_GARAGES_AND_DETACHED_STUDIOS.pdf
The failure by “Cabin Life” to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by “Cabin Life”.
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Cabin Life Representative
Cabin Life Representatives Name.