General
These Space Campers Terms and Conditions (these “Terms” or “Agreement”) govern the purchase of products from Space Campers LLC (“Space Campers”). By submitting an order, you agree to be legally bound by these Terms. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and a resident of the United States. If you are placing a PreOrder (defined below) for a product on behalf of a company, organization or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
Space Campers is in no way sponsored, endorsed, or otherwise affiliated with Tesla, Inc (“Tesla”). As such, Space Campers is not responsible for the sale and/or distribution of any vehicle by Tesla and the purchase of a Space Campers product does not include a Tesla vehicle which must be purchased separately.
No Obligation
Placing a preorder (“PreOrder”) for a Space Campers product acts as a deposit for a future purchase and, along with subsequent payment(s), is subject to the Payment Terms herein. You are under no obligation to purchase a product from Space Campers and Space Campers is under no obligation to supply you with a product.
These Terms do not lock in pricing, a firm production timeline, a firm delivery date, or a specific configuration. To complete your purchase, you will need to pay the outstanding balance owed for the product you placed a PreOrder for.
In our sole discretion, we may decline or cancel Preorders to (a) avoid over-subscription; (b) if we believe you intend to resell the product(s); or (c) as we deem appropriate. If your PreOrder is declined, you will be notified and your PreOrder payment will be refunded.
Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; and (f) action by any governmental authority.
Attorneys’ Fees
In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendment and Modification
Space Campers may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Space Campers posts them or otherwise provides them to you and shall apply thereafter.
Assignment
You may not assign your rights under these Terms without our express prior consent. Space Campers may assign these Terms or your PreOrder in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
Limitation of Liability
No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL SPACE CAMPERS OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL SPACE CAMPERS’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO SPACE CAMPERS PURSUANT TO THIS AGREEMENT.
Governing Law
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Mandatory Informal Dispute Resolution
If you have any dispute with Space Campers arising out of or relating to this Agreement, you agree to notify Space Campers in writing with a brief, written description of the dispute and your contact information, and Space Campers will have thirty (30) days from the date of receipt within which to attempt to resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below.
Arbitration Agreement
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SPACE CAMPERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO THE MANDATORY INFORMAL DISPUTE RESOLUTION ABOVE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND SPACE CAMPERS AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at https://www.adr.org/sites/default/files/Commercial-Rules-Web.pdf) as amended by this Agreement. Any arbitration hearing will be held in San Luis Obispo County, California. The applicable governing law will be as set forth in the Governing Law section above (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Entire Agreement
This Agreement, together with any other documents incorporated herein by reference and all related exhibits and schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Refund Policy
All Preordered Campers are refundable up until the point final payment has been submitted. A 3% transaction fee will be deducted from the refund total to cover transaction fees for purchases made with a credit card. Once payment has been submitted in full for the Camper unit, the sale is final and, except in the event of defect or damage, no refund will be provided.
Please inspect your order upon arrival and contact us immediately if the item is defective, damaged, or if you received the wrong item so these issues can be swiftly addressed.
Space Campers accessory kits are returnable in like-new condition (with some exceptions, see below) provided the return is completed within 30 days of delivery. To be eligible for a return, the item must be in the same condition in which it was received, unworn, unused, and undamaged, with tags, and in its original packaging. Proof of purchase must be provided to process the refund. Contact us at support@spacecampers.com if you have any questions or to process a return.
We will notify you once we’ve received and inspected your return and let you know if the refund is approved. If approved, you’ll be automatically refunded via your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
Payment Terms
These Payment Terms describe your agreement to pay for current and future goods and services you receive (“Charges”). In order to purchase a Space Campers product, authorized automatic or one-time payments, you allow Space Campers to store, maintain, and recover funds from your specified payment method in accordance with these Payment Terms.
When you add a payment method to your Space Campers account, such as a credit card, certain information including, but not limited to device location, device identification number, and card information may be sent to Space Campers and shared with our payment processor. Credit card information is encrypted during the transmission and Space Campers will not have access to the actual card number. When the stored payment method or a new credit card is used for purchasing goods and services on a Space Campers hosted website or application, the necessary information to process payment will be shared with our global processors and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues. Payments made by using your bank information are stored by Space Campers in an encrypted format that prevents unauthorized access without specific permissions.
You must maintain at least one valid payment method in your account supported by Space Campers. Your failure to maintain accurate, complete, and up-to-date account and payment information, including having an invalid or expired payment method on file, may result in your inability to complete payment. Charges will be inclusive of applicable taxes where required by law.
When you request a bank payment such as an Automated Clearing House (ACH) or Pre-Authorized Debit (PAD) payment transfer, and where required by law, we will inform you at least three days before the initial payment due date, and up to one day before payment is collected. You may amend or cancel this authorization at any time by providing us with thirty (30) days’ notice. You have certain recourse rights if any debit does not comply with this agreement, such as the right to receive reimbursement in the event of an unauthorized debit inconsistent with these terms. To obtain more information on your recourse rights, contact your financial institution.
For Charges that support automatic payments, you understand that your payment method will be charged again when your payment is due. You can manage or turn off automatic payments in your Space Campers Account at any time.
Charges may include taxes as required by law. You will be able to review a summary of transactions in your Space Campers Account.
You shall reimburse Space Campers for all costs incurred in collecting any overdue payments and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. If we are unable to collect a payment, we may contact you based on your information on file. For information on how we handle your payment information, please see Space Campers Privacy Notice below.
Prices for our products do not include shipping which will be available via freight or pickup in San Luis Obispo, California.
Text Messages, Notifications, and Telephone Calls
By agreeing to this Agreement, you understand that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using pre-recorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your product, such as reminders and appointments. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receive emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission for calls or texts by contacting support@spacecampers.com.
Privacy Notice
Acceptance of the following privacy policy is a requirement for purchasing from Space Campers or subscribing to Space Campers social media sites. This notice is designed to provide transparency into our privacy practices, in a format that is easy to read, understand and navigate.
We may collect two main types of information related to you or your use of our products and services: Information from or about you, and Information from or about your Space Campers.
We may use the information we collect to communicate with you, fulfill our products and services
or improve and enhance the development of our products and services. This includes contacting you to advise you of important safety-related information, present products and offers tailored to you, or respond to your inquiries and fulfill your requests for product information, Space Campers updates, and other events.
We may share information with our service providers, business partners and affiliates, third parties you authorize, and other third parties as required by law. We limit how, and with who, we share your personal data. Examples of when we may share your information include payment processing, order fulfillment, product installation, customer service, marketing, financing, service or repair, and other similar services.
For privacy questions or comments, to opt out from certain services, or to submit a data privacy request, please contact us at support@spacecampers.com.