Terms & Conditions
This website is operated by Breathe Bell Tents. Throughout the site, the terms “we”, “us” and “our” refer to Breathe Bell Tents. Breathe Bell Tents offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – DELIVERY TIMES (ETA OF DELIVERY OF PURCHASED ITEMS)
We deliver our bell tents via Startrack from our Sydney warehouse. Delivery across Australia is usually 1-10 days. We occasionally use Bonds Couriers to deliver within Sydney on a same day service. On occasion we sell out of items at our Sydney warehouse at which point places may be placed on backorder and delivery will be made asap. Occasionally items will be sent direct from our supplier in Europe by UPS. Please allow 3 days to 6 weeks for delivery of your items. Breathe Bell Tents will not guarantee delivery within a less than 6 week period.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – EXPORT/IMPORT DUTIES AND TAXES ON INTERNATIONAL SHIPMENTS
Breathe Bell Tents can ship internationally. On international shipments we do not charge GST as these are treated as Exports. Breathe Bell Tents do not accept liability of any import taxes or duties charged by the receiving country. All charges of duties and taxes are the responsibility of the purchaser and it is the responsibility of the purchaser to check their countries charges on such imports.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Breathe Bell Tents, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – PRODUCT TESTING PRIOR TO USE
It is the recommendation of Breathe Bell Tents that all camping goods are tested prior to camping or using the products in any way. It is the responsibility of the customer to ensure that all parts of the tent have been received before leaving for any camping trips or events. It is the responsibility of the customer to ensure the tent is all working without defects and that any defects are reported to Breathe Bell Tents immediately.
Many of our products are made up of many parts and it is the responsibility of the customer to ensure all items are received prior to camping trips being arranged.
Breathe Bell Tents will not take responsibility for expenses incurred for camping trips or events that have been organised with only parts of products, with items missing or with faulty good. All items are to be inspected by customer. All items are to be inspected prior to embarking on such adventures.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Breathe Bell Tents and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3/11 Hereward Street, Maroubra, 2035, NSW, Australia.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 23 – DUTY OF CARE
WHEN DO I NEED TO RE-IMPREGNATE MY TENT?
Solar radiation affects the waterproofness of your tent. After 12 to 25 weeks of use the fabric will be less waterproof. This can easily be resolved with an impregnation agent.
HOW TO CLEAN AND IMPREGNATE YOUR TENT
The canvas has been impregnated with anti-fungi but when using the tent often or in a harsh environment this process should be repeated on a regular basis, for solar radiation affects the waterproofness of your tent. Applying a new coating with care demands time and effort, but extends the life span of your tent considerably. Before EU rules and regulations were applied, chemical products were used to impregnate tents. Although these products lasted longer, they were harmful to the environment. The products we use are 100% biodegradable and can be applied by you without protective clothing.
The easiest way to impregnate is:
- Pitch your tent and make sure the tent is 100% dry.
- Remove dust and dirt with a hard brush.
- Apply the impregnating agent with a gentle brush. The cotton needs to be soaked properly.
- You can also apply the fluid with a pressurized garden hose and rub it in well with a brush.
- Let your tent dry in the wind, preferably not in the sun.
If the cotton has been affected by fungi, algae or weather conditions, do as follows:
- Moisten the cotton.
- Dissolve 1 unit of bleach into 10 units of water.
- Apply the solution to the wet canvas and let the canvas absorb it for about 30 minutes. Prolong the absorption time if necessary.
- Rinse the canvas with plenty of water.
- Clean the canvas using Ultramar Shampoo, so there is no bleach left on the canvas.
- Let your tent dry properly.
Use Anchor Extra or Ultramar Protector to protect the cotton against fungi, algae, filthy water, etc. A perfect impregnating agent to make cotton tents waterproof is ANCHOR EXTRA®. It is an environment-friendly product, non-toxic and biologically degradable. Tent rental places and army tents have used it with excellent result since 1943. The product is water based, without solvents or hydrocarbons. The usage varies between approximately 8 m² and 12 m² a liter. It is possible for a gray shine to appear on dark-coloured cotton after treatment; after a few downpours, but this will disappear. Some companies industrially impregnate cotton in case you don’t want to do it yourself. The cotton is first cleaned and then impregnated under high pressure. This, however, is quite expensive.
Before 1995, potentially harmful chemical products were often used to render cotton tents waterproof for life. However, the European legislation banned these products, no longer enabling tent manufacturers to render the canvas of their tents completely water & mould proof. Although our tents have been treated to be waterproof as well as mould resistant, they need to be reproofed in due time to ensure they stay that way.
Mildew has an extremely adverse effect on cotton canvas. It breaks the fibers and creates black stains that are very hard to remove. Additionally, it spreads quite rapidly once the first stains have appeared. It is therefore of vital importance that you protect your tent against fungi in any circumstance.
General tips to avoid mildew on a cotton canvas tent:
Mildew is caused by moisture. It is therefore sure to form on the canvas of your tent if you store the tent wet. Moreover, mould stains often appear on canvas tents if they are no longer waterproof, for they then lack of an important protective layer which would otherwise keep off moisture and mould. To avoid mould and mildew, wipe down the interior and exterior of the tent with clean water before you leave it to dry and store it in a dry, well-ventilated area. Also, reproof the tent in time to ensure it stays mould resistant and waterproof. For more tips & tricks, check out the list below:
- Do not roll up or store a wet tent. When you are left with no other option than to store it wet, be sure to remove any mud or dirt from the groundsheet and bottom strip and pitch your tent again within 2 days, allowing it to properly air-dry.
- Dry off the tent and clean it before you store the tent in a dry, well ventilated space.
- Ventilate the tent, especially when you do not use it. That way, you drive out moisture, preventing mould to affect the canvas.
- Do not hang your tent to dry, as mould could form in the folds. Instead, set up the tent outdoors or in your garage and open the doors and windows to ensure that it is being well ventilated. If possible, pitch the tent in the sun, for sunlight may help you in your fight against mould and mildew.
- Clean and reproof the tent periodically in order to ensure it stays waterproof.
- We advise you to store the tent in a cotton bag which breathes and does not contain surfactants. A plastic bag may impede ventilation and transfer plasticizers to the canvas.
- Do not store rings, guy ropes and groundsheet together with your tent, but keep them in a separate bag.
- Make sure the tent is pitched perfectly, so water can easily glide off the canvas.
- Avoid touching the tent when it is raining.
- Be careful with creams, lotions, suntan oil, etc. Greasy hands may affect the tents waterproofness adversely.
- Ventilate the tent well when cooking, for condensation may cause mould to appear on the canvas.
- Do not do the dishes in the tent, for dish water is one of the main enemies of the canvas.
- Do not hang a kitchen rag over a bar in the tent, as the soap residues may affect the canvas.
- Do not clean the groundsheet with water which contains soap. Use a dry piece of cloth and a sponge to clean it.
- Re-impregnate your tent after 12 to 25 weeks of use to protect your tent against solar radiation and extend its life span.
If your tent is no longer waterproof and/or if black stains have formed on the canvas, you need to dry the tent completely and treat it with specialized products such as Ultramar Shampoo and Ultramar Protector. Set the tent up outdoors or in your garage and open the doors and windows to ensure that it is being well ventilated. If possible, pitch the tent in the sun, for sunlight may help you in your fight against mould and mildew. Avoid pitching the tent in your living room, as mildew can trigger allergic reactions. Do not apply laundry detergent, dish soap, all-purpose cleaners, or neat bleach to the canvas, as they will damage the canvas treatments. Dirt or mud can be dry-brushed off with a very soft brush.
The washing and reproofing process is simple and similar to hand-washing your car:
- Moisten the tent.
- Apply Ultramar Shampoo and rub it in with a soft brush.
- Let the canvas absorb the solution for about 10 minutes and then rinse it using plenty of water. Prolong the absorption time if necessary.
- Allow the tent to air-dry completely before using Ultramar Protector to re-impregnate the fabric.
SECTION 24 – INTENTION OF USE
Breathe Bell Tents Australia provide one year warranty against manufacturer defects in the canvas. This warranty cannot be extended to the poles or zips as these are often misused. The Breathe Bell Tents warranty is applicable only to our Australian customers and is not transferable.
The warranty does not cover professional and long term use. If a professional user buys a tent and reports a manufacturing problem within the first month we will consider it under the warranty. However after 28 days use it becomes a permanent structure and it is therefore not being used for the purpose it was sold for (i.e. a tent for camping).
If a private individual buys and then erects one of our tents semi-permenantly we will cover manufacturing defects for the length of the warranty but this does not cover mould, mildew or UV deterioration as we have no control over the conditions the tent is left up in.
Your consumer legal rights may still apply after the warranty expires.