Terms and Conditions

This Website (the “Website”) is owned by Cargo Crew PTY LTD (ABN 12101289061). 

The terms and conditions (“Terms & Conditions”) below apply to your use of the Website and all services and functions found on the Website. By accessing and/or using the Website, you agree to be legally bound by these Terms & Conditions. Without giving prior notice to you, we reserve our rights to amend the Terms & Conditions at any time and may, in our sole discretion, limit or expand the services or products available via the Website. It is your responsibility to check these Terms & Conditions each time you use the Website.

If you do not agree with these Terms & Conditions, you should stop accessing and/or using the Website. 
 
CUSTOMER SERVICE POLICY

Cargo Crew are committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our Website are currently in stock unless otherwise specified, and pricing is true and correct. Delivery timeframes and shipping rates are outlined on our shipping page.
 
CURRENCY, TAXES AND DUTY

Note that all product prices indicated and payments made on this Website are in United States Dollar currency USD.

The international currency rates shown (United States Dollar, Great British Pound, Euro, and New Zealand Dollar) are converted from Australian Dollars via WebServiceX on a 3-month moving average rate. For orders to countries outside of Australia, GST is removed.

For selected countries, Cargo Crew charges international duties & tax fees at check out (Delivery Duty Paid, DDP), which means you will not have to pay additional fees when your order arrives in your country. Duties and taxes are calculated based on the items ordered, your shipment destination, and the value of your purchase. These are added to your order total at checkout.

This charge is determined by your local customs authority and includes:
1. The Sales Tax applied by your country for purchases from Australia; and
2. Duties charged for processing by your country.

We ship to the following Countries with Delivery Duty Paid:

United States, New Zealand, Hong Kong, Canada, United Kingdom, Cayman Islands, France, Singapore, Italy, Japan, Ireland, Saudi Arabia, Malaysia, Netherlands, Norway, Switzerland, Belgium, Germany, and Oman.

If a Delivery Duty Unpaid (DDU) destination is selected at checkout duties and taxes will be payable upon your order arriving in your country. This will be noted in the checkout process. For these countries, we are unable to estimate the amount of duties and taxes your order will incur, as these charges are imposed directly by your local customs. Payment of these is necessary to release your order from customs. For more information contact your local customs office.

Any orders refused upon delivery at either the final destination or customs, will have the charged shipping fees deducted from the refunded amount and be subject to a 30-day return processing time.

Should you wish to return an item, Cargo Crew does not refund the international duties and taxes paid at the time of checkout and does not cover the cost of return postage unless the item is faulty.

For more information, please contact your local customs office.

All orders are shipped from Australia, meaning goods can be detained in customs and custom fees may be incurred. Cargo Crew is not responsible for the taxes, custom fees or duty charges. 

PAYMENT 

The fees payable to Cargo Crew may be paid via PayPal or Braintree. Cargo Crew is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time. 

If the fees are paid via PayPal, such payment is subject to PayPal’s user agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_au.

If the fees are paid via Braintree, such payment is subject to Braintree’s Payment Services Agreement which can be read here: https://www.braintreepayments.com/au/legal/payment-services-agreement.

In the event that Cargo Crew does not receive the applicable fees in full and on time, Cargo Crew may cancel your order and makes no guarantee that your order will be available to you at a later date.  
 
SHIPPING

Please note that if a package is not collected or if it is refused, we reserve the right to charge you for the shipping costs of returning items via DHL Express.

All orders are shipped internationally from Australia using DHL Express. Shipping costs are automatically calculated during the online purchase based on size and weight of the order and the delivery address. Most unbranded orders will be processed within 1-2 business days and delivered to you between 7 – 10 business days, however longer delays may be expected due to COVID-19 and/or other factors outside of our control. Please note, bulk orders that require branding will take longer, and delivery times may vary depending on your destination, customs and duties.

You will receive a tracking number via email when your order is shipped from Cargo Crew. With this number, you can follow your order from us until it arrives at its destination. The DHL website will contain instructions for how you can track your order. All orders can usually be tracked within 24 hours after the tracking number has been received. The same process applies for all international orders. 

Cargo Crew does not offer refunds on goods that are showing our courier service was able to deliver items is full. If you would like to take out insurance for your international order, please contact Cargo Crew prior to purchasing.
 
RETURNS POLICY

We hope that you love everything you order from Cargo Crew, but if something isn't right you have 30 days to return your products from the date your order arrived to receive a full refund. To be eligible for a refund, you must comply with our returns policy located at https://www.cargocrew.com/returns/ and provide us with proof of postage (receipt) as evidence that you have sent the product(s) back to us within 30 days of receiving the product(s). Your refund will not be processed until we receive the product(s). 

You acknowledge that you are responsible for shipping and associated costs for returning your product(s). 

For the avoidance of doubt, returns, refunds, and consumer law issues are governed by the Australian Consumer Law, in Schedule 2 of the Competition and Consumer Act 2010.

Please refer to our Returns Policy located at: https://www.cargocrew.com/returns/.
 
INTELLECTUAL PROPERTY

Cargo Crew takes our intellectual property rights seriously, particularly when it comes to our unique designs.

Except for third party data or unless otherwise indicated, Cargo Crew is the exclusive owner of all rights, title and interest in the following:

(a) without limitation, all text, fonts, graphics, photos, artwork, logos, software, domain names, service marks, trade marks, designs, copyrights, information, compilations and audio and video content, the framework, source code, layout, user interface and ‘look and feel’ of the Cargo Crew Website; and

(b) without limitation, any and all copyright, designs (whether registered or unregistered), trade marks and other intellectual property rights embodied in any goods and services supplied by Cargo Crew, whether appearing on the Website or otherwise publicly available

(collectively the “Intellectual Property”).

You are not permitted to reproduce, communicate or otherwise exercise any rights in the Intellectual Property unless specifically authorized by Cargo Crew.
 
LIMITS ON PURCHASES

We do not authorise the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made at our retail show room and on cargocrew.com.au.
 
COMPETITIONS

Competition details, including lists of previous winners and full terms and conditions of all competitions run by Cargo Crew, can be found on our Competition Terms & Conditions Page: www.cargocrew.com/competition-terms-and-conditions/.
 
USING OUR WEBSITE

We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. Cargo Crew shall not be liable if for any reason the Website is unavailable at any time or for any period. You acknowledge and agree that your use of the Website is on an “AS-IS” basis and from time to time, without representations or warranties of any kind made to you, and that Cargo Crew may restrict access to some parts, or the entire Website, without notice.

You are prohibited from using the Website, or our goods:

(a) in a way that violates these Terms & Conditions;
(b) for unlawful activities or purposes;
(c) in a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws);
(e) in a way that infringes the rights (including rights in any Intellectual Property) of Cargo Crew or of any other person; and/or
(f) via the use of automated scripts, scrapers or ‘bots’.
 
You warrant to the Cargo Crew as follows:
(a) That all data uploaded to the Website is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with the company’s privacy, data or computer systems; and
(b) If you are using the Website or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organisation, you represent and warrant that you have the power and authority to bind such person or entity to these Terms & Conditions.
 
LIMITATION OF LIABILITY

The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other rights, in relation to the quality for purpose of consumer goods sold from Australia. Nothing in these Terms & Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms & Conditions and the Australian Consumer Law, Cargo Crew makes no warranties or other representations in relation to the supply of goods. Cargo Crew’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

Your use of, and reliance on, this Website and content is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of, or reliance on this Website and content, however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or its content, including from the lack of access to any part of the Website, errors made by you in the data you provide Cargo Crew or any errors made on our Website or Intellectual Property. You agree that you are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website.
 
PRIVACY POLICY

Our use of cookies technology and our collection, use and storage of personal information from users of the Website shall be in accordance with our Privacy Policy and Cookie Policy which forms part of these Terms & Conditions.
 
INDEMNITY

You agree to indemnify and hold Cargo Crew and its instructors, officers, directors, employees and licensors harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Cargo Crew by you or any third party due to, arising from or in any way connected to your access and/or use of the Website or purchase of our goods.

Should Cargo Crew, in our sole discretion, determine that you have breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict our right to pursue any of legal and/or other remedies, including, without limitation, court action.
 
ASSIGNMENT

You acknowledge that these Terms & Conditions constitute a legal binding agreement that is personal to you and it cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Cargo Crew. Cargo Crew reserves its right to assign the provisions of these Terms & Conditions at any time.
 
GOVERNING LAW

You acknowledge that Cargo Crew is based in and operates from Victoria Australia, and that these Terms & Conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria.

You are solely responsible for compliance with any applicable laws of the country from which you access this Website.