Terms And Conditions - OPUS® Camper

Terms and Conditions

Last updated: February 13, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: South Africa

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Opus Camper, 306 Domkrag Rd, Waltloo, Silverton, Pretoria, 0181.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Opus Camper, accessible from https://www.opuscamper.co.za

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@opuscamper.co.za

Interpretation

In these conditions :

“Company” means PURPLE LINE PTY LTD ACN 147 825 250 of 12 Capital Court, Braeside, Victoria (including its successors, assigns, subsidiaries, affiliates and associates) which is the seller of the goods.
“Customer” means the Customer of the goods as nominated on a purchaser order for purchase of the goods which is made out to the Company at any given time.
“Goods” means the goods and/or services as nominated on a purchaser order made out to the Company at any given time.
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

General

These conditions (which shall only be waived or modified in writing signed by the Company) prevail over all conditions of the Customer’s order to the extent of any inconsistency. If the Customer has a trading account, the terms of their credit account application are intended to be read together with these conditions however the terms of their credit account application shall prevail over these conditions to the extent of any inconsistency.

Terms of sale

The goods and all other products sold by the Company are sold on these terms and conditions.
Any orders received by the Company from the Customer for the supply of goods and/or the acceptance of goods supplied by the Company shall constitute an irrevocable acceptance of these terms and conditions by the Customer to the extent permissible by law.

Company’s quotations

Unless previously withdrawn, Company’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. The Company reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.
Prices quoted refer to the entire quotation and are subject to change by the Company if only part of quotation is then ordered.

Packing

The cost of any special packing and/or packing materials used in relation to the goods are at the Customer’s expense notwithstanding that such cost may have been omitted from any quotation.

Shortage

The Customer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with Company within 24 hours of delivery and then confirmed in writing within 7 days from the date of receipt of goods by the Customer.

Descriptions

The descriptions, illustrations and performances contained in catalogues, price lists, packaging and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.

Performance

Any storage, installation, maintenance or other guidelines given by the Company are estimates only. The Company is under no liability for damages for failure of the goods notwithstanding adherence to said guidelines unless specifically guaranteed in writing. Any such written guarantees are subject to recognised tolerances.

Delivery

Shipping costs are a flat rate of $10 and will be added to the order total before checkout. Orders are dispatched within 5 business days.

The delivery times made known to the Customer are estimates only and the Company is not liable for late delivery or non-delivery.
The Company is not liable for any loss, damage or delay occasioned to the Customer or its customers arising from late or non-delivery of the goods.
The Company may at its option deliver the goods to the Customer in any number of instalments unless there is an endorsement on the purchase order to the effect that the Customer will not take delivery by instalments.
If the Company delivers any of the goods by instalments, and any one of those instalments is defective for any reason :
- it is not a repudiation of the contract of sale formed by these conditions; and
- the defective instalment is a severable breach that gives rise only to a claim for compensation.
Delivery is from the Company’s premises unless otherwise specified.

Loss or damage in transit

The Company is not responsible to the Customer or any person claiming through the Customer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the Company is legally responsible for the person who caused or contributed to that loss or damage).
The Company must provide the Customer with such assistance as may be necessary to press claims on carriers so long as the Customer :
- has notified the Company and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and
- lodges a claim for compensation on the carrier within 7 days of the date of receipt of the goods.
The carrier, delivered to the Customer’s premises or collected from the Company by the Customer or their authorised representative.

Warranty Against Defects

The Company does not provide any warranty against defects whether express or implied. To the extent that any of these conditions purport to provide a warranty against defects (except as provided in provision 2) it shall be read down. If it cannot be so read down the provision goods are at the Customer’s risk upon the earliest to occur of them being delivered to (or where possible the offending word) shall be severed from these conditions without effecting the validity, legality or enforceability of the remaining provisions (or part of those provisions) of these conditions which shall continue in full force and effect.
If the goods are not manufactured by the Company, any warranty against defects of the manufacturer of those goods is accepted by the Customer and is the warranty against defects given to the Customer in respect of the goods. The Company agrees to assign to the Customer on request made by the Customer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Company under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
Except as provided in these conditions, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Company is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Company’s negligence or in any way whatsoever.

Consumer Guarantees

The Company’s liability for a breach of a guarantee under Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (other than section 51, 52 or 53) for the supply of goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited to:
- in the case of goods, any one or more of the following:
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
  4. the payment of the cost of having the goods repaired; or
- in the case of services:
  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied again.
The Company’s liability under s 274 of Schedule 2 of the Competition and Consumer Act 2010 for the supply of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption is expressly limited to a liability to pay to the consumer an amount equal to:
- the cost of replacing the goods;
- the cost of obtaining equivalent goods; or
- the cost of having the goods repaired, whichever is the lowest amount.
To the extent permissible by law, the Customer will indemnify the Company against any unauthorised express or implied warranty or representation under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise made by any agent, employee or representative of the Customer to a third party. For the avoidance of doubt, a warranty or representation will be unauthorised unless the warranty or representation has previously been made by the Company or authorised by it.

Prices

Unless otherwise stated all prices quoted by the Company are net, inclusive of Goods and Services Tax (GST). Prices are quoted in Australian dollars.
Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of wates, cost of materials and other charges affecting the cost of production ruling on the date is made. Subject to Clause 4.1, prices are subject to change without notice.
If the Company makes any alterations to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Customer’s account.
At the Company’s sole discretion, a deposit may be required at the time of order.
Any claim or dispute gives no right to the Customer to suspend or delay payment of the invoice.

Payment

The coupon code is valid for a limited time only. The coupon code is not transferable, may not be resold or redeemed for cash. Only one coupon code can be used each time and therefore cannot be combined with other offers using coupon codes.

The purchase price in relation to goods unless otherwise stated is payable net and payment of the price of the goods must be made –
- In accordance with the terms of their Credit Application for customers with a trading account; or
- cash on delivery without an account.
Notwithstanding clause 1, the Company may require payment of the full price of the goods prior to delivery of the goods as a condition of accepting an order. All orders made through the website are payable in full upon order.
Payment must be made by cheque, VISA, Mastercard, Electronic Funds Transfer or such other method as approved by the Company.
If any payment is not made by the Customer to the Company on the due date thereof:
- The Company will charge interest at the rate of 2% higher than the rate specified in the Penalty Interest Rate Act 1983 (Victoria) per month calculated on daily rests on all overdue accounts until such time as payment is made in full;
- The Company reserves the right, and without prejudice to its other rights hereunder and at law, to cancel orders or to suspend deliveries of other goods until such payment has been made; and
- All monies owing to the Company including all monies owing to the Company for goods sold shall become immediately due and payable and the Customer shall indemnify the Company against all costs (including Solicitor and own client costs, commercial agents, commissions, freight, surcharges, fees, insurances, accounting costs, loss of profit and all interest) incurred by the Company as a result of such default in the action taken by the Company in respect of the same.

Customer’s property

Any property of the Customer under the Company’s possession, custody or control is completely at the Customer’s risk as regards to loss or damage caused to the property or by it.

Storage

The Company reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Customer within 14 days of a request by the Company for such instructions. The parties agree that the Company may charge for storage from the first day after the Company requests the Customer to provide delivery instructions.
In regards to a claim for a charge for storage under clause (1), the Customer acknowledges that fulfilment of the terms of payment are established and that the Company shall be entitled to issue the relevant invoice on those terms.

Returned goods

The Company is not under any duty to accept goods returned by the Customer and will do so only on terms to be agreed in writing in each individual case.
If the Company agrees to accept returned goods from the Customer in accordance with this clause, the Customer must return the goods to the Company at the Company’s place of business referred to at the head of these conditions.
Goods which are damaged or which were specially manufactured or prepared for the particular order are only acceptable for return to the extent required by law.
The Company may charge the Customer a re-stocking fee for any returned goods. The fee will be 10% of the contract price.

Goods sold

All goods to be supplied by the Company to the Customer are as described on the purchase order agreed by the Company and the Customer and the description on such purchase order as modified as so agreed prevails over all other descriptions including any specification or enquiry of the Customer.

Cancellation

No order may be cancelled by the Customer except with consent of the Company in writing and on terms which will indemnify the Company against all losses.
Orders for specifically manufactured or prepared goods cannot be cancelled by the Customer to the extent permissible at law.
The Company may cancel these terms and conditions or cancel delivery of goods pursuant to any order at any time before the Goods are delivered by giving notice in writing. The company shall not be liable for any loss or damage whatsoever arising from such cancellation.

Place of contract

The contract for sale of the goods is made in the State of Victoria.
The parties submit all disputes arising between them to the courts of the State of Victoria and any court competent to hear appeals from those courts of first instance.

Force Majeure

The Company will not reasonably be held responsible for act of GOD or by any Act or omission by a third party which the Company cannot reasonably be held responsible for including but not limited to storm, tempest, cyclone, flood, water damage, earthquake, tsunami, act of war or terrorism, electrical black out or cyber act of whatsoever nature.

Customer’ s Disclaimer

The Customer agrees to disclaim any right to rescind or cancel the Contract or to claim for damages or restitution arising out of any alleged misrepresentation by any employee, agent or representative of the Company.
The Customer agrees and acknowledges that the Customer buys the Goods relying solely upon the Customer’s own skill, judgment and evaluation of the Goods.
The Company is not responsible and accepts no liability for obtaining any permits or licences required under the relevant laws and regulations for the usage of the goods supplied by the Company to the Customer.
The Customer agrees that the Company shall not be liable to the extent permissible at law for technical advice or assistance given in good faith for which it is not contractually bound to provide.

Intellectual Property

The copyright and all other intellectual property in the goods, including labelling and packaging, vested in the Company shall remain vested in the Company, and shall only be used by the Customer at the Company’s discretion.
Where the Company has designed, specified, or created product design drawings for the Customer, then the copyright in those designs and drawings shall remain vested in the Company, and shall only be used by the Customer at the Company’s discretion
Where the Customer has supplied drawings, the Customer shall indemnify the Company for the specifications and design of the Goods (including the copyright, design right or other intellectual property in them). Where any designs or specifications have been supplied by the Customer for manufacture by or to the order of the Company then the Customer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.

Privacy Act 1988

The Customer agrees for the Company to obtain from a credit reporting body credit eligibility information, credit information, credit reporting information, and/or credit worthiness of the Customer if the Customer requires a trading account.
The Customer agrees that all personal information including any credit eligibility information, credit information, credit reporting information, and/or credit worthiness provided to the Company may be used and retained by the Company for the following purposes and for other purposes as shall be agreed between the Customer and Company in accordance with the Company’s Privacy Policy:
- provision of Services and Goods;
- marketing of services and/or Goods by the Company, its agents or distributors in relation to the services and Goods subject to the Company’s Privacy Policy (direct marketing);
- analysing, verifying and/or checking the Customer’s credit, payment and/or status in
  relation to provision of services/Goods;
- processing any payment instructions, direct debit facilities and/or credit facilities
  requested by the Customer; and
- enabling the daily operation of the Customer’s account and/or collection of amounts outstanding in the Customer’s account in relation to the services and Goods.
If the Customer requires a trading account, the Company may provide information about the Customer to a credit reporting body for the following purposes:
- to obtain credit eligibility information, credit information, credit reporting information, and/or credit worthiness of the Customer; and/or
- allow the credit reporting body to create or maintain a credit information file containing information about the Customer.

Confidentiality and secrecy obligation.

The Customer is obliged to observe the utmost confidentiality as regards all technical and commercial information received from the Company in execution of this Contract.
In relation to such information, even after the execution of this Contract, the Customer is obliged to:
- keep it with the utmost diligence and confidentiality and return it to the Company when requested to do so;
- refrain from reproducing, copying, transmitting or revealing it to third parties, unless within the limits explicitly authorised in writing by the Company;
- refrain from applying for patents;
- refrain from producing or having third parties produce, or providing third parties with, for any reason, directly or indirectly, products using the above technical information;
- to impose and guarantee observance of the obligations deriving from this clause on all officers, employees or contractors of the Customer.
In the event of violation of the confidentiality and secrecy obligation set out in this Clause, the Customer shall be obliged to pay the Company, as a penalty, the amount equal to 30% of the Goods purchased in a calendar year as a pre-estimate of the damages. This shall, naturally, not affect the Company’s right to obtain compensation for any further damage suffered.