Terms of service

Last updated: 8th September 2025

Section 1 – Overview
Welcome to Topargee. These Terms of Service ("Terms") govern your access to and use of our websites, stores, content, features, tools, products and services (collectively, the "Services"). By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Section 2 – Seller of Record; Contact
The Services and products are offered by Trayne Holdings Pty Ltd (ABN 48 168 855 918; ACN 168 855 918  trading as Topargee RV Caravan & Marine Accessories, an Australian company with its principal place of business at PO Box 812, Labrador QLD Australia 4215. ("Topargee", "we", "us").
Customer support: sales@topargee.com.au and [U.S. phone / virtual number].

Section 3 – Accounts; Eligibility; Children
You must be at least the age of majority in your state of residence to use the Services. You agree to provide accurate, current and complete information and to keep it updated. You are responsible for your account credentials and all activity under your account. You may not transfer or license your account.
Children: The Services are not directed to children under 13 and we do not knowingly collect personal information from children under 13.

Section 4 – Products
We try to display product information accurately, but the appearance of colors and details depends on your device and settings. Descriptions, specifications and availability may change without notice. We may discontinue products or limit quantities per person, household, region or order.

Section 5 – Orders
When you place an order, you make an offer to purchase; we may accept or reject at our discretion. An order is accepted only when we send an acceptance/confirmation. We must receive and process payment before acceptance. Review your order carefully; cancellation requests may not be accommodated after acceptance. If we reject, change or cancel an order, we will attempt to notify you using the contact details provided.
Your purchases are subject to our Refund Policy and are for personal/household use (not for resale or export).

Section 6 – Prices; Billing
Prices, discounts and promotions may change without notice. The price charged is the price in effect at the time of order and will appear in your confirmation. Unless expressly stated, prices exclude taxes, shipping, handling, customs and import charges. Prices online may differ from physical or third‑party stores. Promotions may be subject to separate terms; if those conflict with these Terms, the promotion terms govern.
You agree to provide current, complete and accurate purchase and payment information, and authorize us to charge all amounts due using your selected payment method. You represent that you are authorized to use that method.

Section 7 – Fulfillment; Shipping; Risk of Loss
Orders may be fulfilled from our warehouses or by third‑party logistics providers, including Amazon.com Services LLC ("Amazon") via Fulfillment by Amazon (FBA) or Multi‑Channel Fulfillment (MCF). Packaging may bear Amazon or other 3PL branding. We may ship items in multiple packages and may select carriers, methods and fulfillment locations in our discretion.
Title & Risk of Loss. Title and risk of loss pass to you upon our delivery to the carrier (or, for FBA/MCF, when the carrier accepts the parcel from Amazon on our behalf). Delivery dates are estimates only; we are not liable for delays due to carrier operations, weather, peak‑season volume, customs or other events outside our reasonable control.
Delivery Confirmation; Theft After Delivery. When a carrier (including a carrier handing off from Amazon) marks a package delivered to the address you provided, the order is considered delivered. We are not responsible for loss, theft, or damage after delivery confirmation. If you require signature confirmation or special delivery instructions, contact us before placing your order; additional fees may apply.
Address Accuracy; Non‑Delivery. You are responsible for providing a complete and accurate shipping address. Undeliverable packages (including due to an incorrect or incomplete address, refusal, or inability to receive) may be returned to us or to an Amazon/3PL facility. We may, at our discretion, (a) reship after you confirm a correct address and pay any additional shipping charges, or (b) refund the product price less original shipping and any return/carrier fees, as permitted by law.
Split Shipments; Substitutions. We may ship items separately as they become available. We may use functionally equivalent packaging or protective materials that differ from product images.
Delivery dates are estimates only and time is not of the essence. We are not liable for delays beyond our reasonable control.

Section 8 – Returns & Refunds
For website orders, Topargee handles returns directly. Do not initiate returns through Amazon or ship items to an Amazon facility. You must contact us at sales@topargee.com.au before sending any item so we can provide return instructions and the correct returns address. Unauthorized returns (or returns sent to an unapproved address) may be refused or returned to sender. Unless required by law, you are responsible for return postage, packaging, and tracking and original shipping charges are non-refundable. Refunds are issued to the original payment method after the item is received and inspected. Change of mind returns are not accepted unless required by U.S. law. See our Refund Policy for full terms.

Section 8A – Purchases on Third‑Party Marketplaces (e.g. Amazon.com)
If you purchased our products on a third‑party marketplace (for example, Amazon.com), your order is also subject to that marketplace’s order, payment and return policies. Initiate returns and refunds through your marketplace account and follow its instructions. Our Limited Warranty (if any) applies to eligible products regardless of point of purchase, but the returns/exchanges process is governed by the marketplace’s rules for marketplace orders.

Section 9 – Intellectual Property
The Services (including text, graphics, logos, images, audio, video, designs, and their selection and arrangement) are owned by Topargee or our licensors and are protected by intellectual‑property laws. We grant you a limited, personal, non‑exclusive, non‑transferable license to access and use the Services for your non‑commercial use only. Except as expressly permitted, you may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without prior written consent. All trademarks are the property of their respective owners. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.

Section 10 – Optional Tools
We may provide access to tools offered by third parties, which we do not control. You use such tools “as is” and at your own risk, and should review the third party’s terms.

Section 11 – Third‑Party Links
The Services may link to third‑party sites or include third‑party content. We are not responsible for such content or sites, and your use is at your own risk. Review the applicable third‑party terms and policies.

Section 12 – Platform & Fulfillment Relationship (Shopify & Amazon)
We use Shopify to host and operate portions of the Services and may use Amazon (FBA/MCF) and other third‑party logistics providers to store, pick, pack and ship orders. We, not Shopify or Amazon, are the seller of record for purchases made on our website, and neither Shopify nor Amazon is a party to your purchase contract with us.

Section 13 – Privacy
Personal information we collect is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes certain information to operate and improve the Services. To fulfill and service your orders and returns, we share necessary personal information with service providers (including Shopify, Amazon.com Services LLC, carriers and 3PLs) that process such data on our behalf. Your information may be processed in the United States and other countries. See our Privacy Policy for details.

Section 14 – Electronic Communications & Signatures
You consent to receive agreements, notices and disclosures electronically (including by email and postings on the Services), and agree that such communications satisfy any legal requirement that they be in writing.

Section 15 – Feedback & Reviews
If you submit ideas, suggestions, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent that you have the necessary rights and that your Feedback complies with these Terms and applicable law. We may, but are not obligated to, monitor, edit or remove Feedback.

Section 16 – Errors, Inaccuracies & Omissions
Information on the Services may contain typographical errors or inaccuracies (including pricing, descriptions, promotions, shipping charges, transit times and availability). We may correct or update information, or cancel orders, if any information is inaccurate at any time, including after you submit your order, and even if you have received a confirmation.

Section 17 – Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You will not: (a) violate any applicable law; (b) infringe the rights of others; (c) harass, abuse, defame or harm others; (d) transmit false or misleading information; (e) upload malicious code; (f) send unsolicited advertising or spam; (g) scrape, crawl or spider the Services; (h) reverse engineer or bypass technical measures; or (i) interfere with security features. We may suspend or terminate access for violations.

Section 18 – Dispute Resolution; Binding Arbitration; Class‑Action Waiver
To the fullest extent permitted by law, any dispute arising out of or relating to these Terms, the Products, or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). No class or representative actions are permitted; disputes must be brought individually, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s claim. Either party may bring an individual claim in small-claims court in your U.S. county of residence or another reasonably convenient U.S. venue. Hearings may occur by video/phone unless the arbitrator requires otherwise. Your share of arbitration fees will not exceed the court filing fee you would pay to file a lawsuit; we will pay the remainder consistent with the applicable Consumer Rules. To the extent California law prohibits waiving a claim for public injunctive relief, that specific claim may proceed in court; all other claims remain subject to arbitration. If the class/representative waiver is found unenforceable as to particular claims, those claims must proceed in court; the remainder stays in arbitration.
Opt-Out. You may opt out of arbitration within 30 days of your first purchase or account creation by emailing sales@topargee.com.au with subject “Arbitration Opt-Out” and your name, billing address, and order number.

Section 19 – Products: Limited Warranty (U.S.) — Summary & Incorporation
Products are covered by Topargee’s 12-month Limited Warranty for defects in materials and workmanship under normal use. The full warranty terms are incorporated into these Terms and available at /policies/limited-warranty (the “Limited Warranty”). The Limited Warranty describes coverage, exclusions, eligibility, how to obtain service, and available remedies (repair, replacement, or refund at our discretion).
How to obtain warranty service. Before sending any product, email sales@topargee.com.au for warranty instructions and the correct returns address. Do not initiate returns through Amazon or ship items to an Amazon facility. Unless required by law, you are responsible for return postage, packaging, and tracking. We are not liable for items lost or damaged in return transit.
Marketplace purchases. The Limited Warranty applies to eligible Products regardless of where purchased; however, returns/exchanges for marketplace orders (e.g., Amazon.com) must follow that marketplace’s return procedures unless we instruct otherwise in writing.
No informal modifications. No reseller, employee, or agent may alter the Limited Warranty.
State law rights. This Limited Warranty gives you specific legal rights, and you may have other rights which vary by state.

Section 20 – Disclaimer of Warranties (Services) & Implied Warranty Limitation (Products)
SERVICES. EXCEPT AS EXPRESSLY STATED BY TOPARGEE OR REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION.
PRODUCTS. FOR PRODUCTS, WE DO NOT DISCLAIM IMPLIED WARRANTIES TO THE EXTENT DOING SO IS PROHIBITED WHEN A WRITTEN WARRANTY IS OFFERED. INSTEAD, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY AND FITNESS) ARE LIMITED IN DURATION TO THE 12-MONTH TERM OF THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Section 21 – Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOPARGEE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE GREATER OF US $150 OR THE AMOUNTS YOU PAID TO US FOR THE PRODUCT(S) AT ISSUE IN THE 12 MONTHS BEFORE THE CLAIM (EXCLUDING TAXES AND SHIPPING).
CARVE-OUTS. NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
STATE-LAW NOTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE STATES, THESE LIMITS APPLY ONLY TO THE EXTENT PERMITTED.

Section 22 – Indemnification
You agree to indemnify, defend and hold harmless Topargee and our affiliates, officers, employees, agents, contractors, licensors and service providers from claims, damages, liabilities and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of law, or misuse of the Services. We may control the defense and settlement at our expense; you will cooperate with reasonable requests.

Section 23 – Export Controls & Sanctions
You agree to comply with U.S. and international export and sanctions laws and not to ship, export, re‑export or transfer Products to any prohibited destination or party.

Section 24 – Force Majeure
Neither party is liable for delay or failure to perform due to events beyond reasonable control (including natural disasters, epidemics, war, terrorism, labor disputes, government actions, utility or internet failures, or third‑party service outages).

Section 25 - Copyright Complaints
If you believe material on the Services infringes your copyright, please send a DMCA notice to our Designated Agent at sales@topargee.com.au that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location (URL); (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act for the owner. We will respond pursuant to 17 U.S.C. § 512.
Counter-Notice. If you believe your material was removed due to mistake or misidentification, you may send a counter-notice to sales@topargee.com.au including: (1) your signature; (2) identification of the material and where it appeared before removal; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (4) your name, address, and phone number; and (5) a statement that you consent to the jurisdiction of the federal court for your judicial district (or any district in which Topargee may be found) and will accept service from the original complainant. Upon receipt, we may restore the material after 10–14 business days unless we receive notice that the complainant has filed a court action.
Repeat Infringers. We may terminate accounts of repeat infringers and will accommodate standard technical measures used by copyright owners.

Section 26 – California Notice
If you are a California resident and have a complaint or wish to receive further information,  contact us at sales@topargee.com.au, [USA PHONE NUMBER] or PO Box 812 Labrador QLD Australia 4215. You may also contact the Complaint Assistance Unit, California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, (800) 952-5210 (within CA) or (916) 445-1254 (outside CA), or visit www.dca.ca.gov

Section 27 – Severability

If any provision of these Terms is held unlawful, void or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be enforced to the maximum extent permitted.

Section 28 – Waiver; Entire Agreement; No Third‑Party Beneficiaries
Failure to enforce any provision is not a waiver. These Terms and any policies referenced (including our Privacy Policy and Refund Policy) constitute the entire agreement between you and us regarding the Services and supersede all prior agreements. There are no third‑party beneficiaries to these Terms.

Section 29 – Assignment
You may not assign, delegate or transfer these Terms or any rights or obligations without our prior written consent; any attempted assignment without consent is void. We may assign or transfer these Terms without restriction.

Section 30 – Notices; Service of Process
Notices to Topargee must be sent to sales@topargee.com.au and mailed to PO Box 812, Labrador QLD Australia 4215 by tracked postal service. If a U.S. agent for service is listed in Section 2, you may serve process on that agent. You consent to receive legal notices electronically (email) in addition to postal mail.

Section 31 – Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict‑of‑laws rules. The Federal Arbitration Act governs the arbitration agreement in Section 18.

Section 32 – Headings
Headings are for convenience only and do not affect interpretation.

Section 33 – Changes to These Terms
You may review the current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates on the Services. We will notify you of material changes as required by law. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.