Terms and Conditions of Sale

Terms and conditions of sale, as of 16 June 2014.

This page (together with our Privacy Policy) gives you information about us and sets out the legal terms and conditions (Terms) on which we supply products and services (Products) listed on our websites to you. Please read these Terms carefully and make sure that you understand them before ordering any Products from our sites.

Please note that before placing an order you will be asked to agree to these Terms. If you do, click on the button marked "I Accept" at the end of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should retain a copy of these Terms for future reference when you order Products from us. We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which apply at that time.

1. Information About Us

1.1  We operate the websites www.hachette.com.au, www.dateabook.com.au and www.hachettechildrens.com.au (our sites). We are Hachette Australia Pty Ltd, a company registered in Australia under ABN 32 00 884 855 and with our registered office (and main trading address) at Level 17, 207 Kent Street, Sydney, NSW (but please note that we do not sell books from this address).

1.2  To contact us, please see our Contact Us page. For orders please call 02 4390 1300 or email orders@hachette.com.au

2. Our Products

2.1  The images of the Products on our sites are for illustrative purposes only. For example, although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2  The packaging of the Products may vary from that shown on images on our site.

2.3  All Products shown on our sites are subject to availability.

3. Restrictions on Sales and on Use of Products

3.1  Certain Products on our sites may only be purchased if you satisfy certain legal requirements for that product (such as age restrictions). We are not allowed by law to supply these Products to you if you do not satisfy these requirements or if the sale of such Products are otherwise restricted (for example, as a result of your location). If you do not satisfy these requirements or if the sale of a Product to you is restricted (for example, because you are underage), we do not authorise you to order these Products through our site. By placing an order for a Product, you warrant that you are legally entitled to purchase that Product.

3.2  If you order Products on behalf of a business or any other organisation, you agree that the Products will only be used internally by that business or organisation.

3.3  Any Product you purchase from us must not, by way of trade, be rented out or resold, or offered for rent or commercial resale.

4. Limitation of Liability

4.1  To the maximum extent permitted by law and save for the express written terms in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Products or arising from these Terms are expressly excluded.

4.2  If any of the exclusions or limitations set out in this clause 4 are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Products or the supply of equivalent Products.

4.3  In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of this agreement.

4.4  To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the last 3 months.

5. Buying on Behalf of an Organisation

5.1  You confirm that you have authority to bind any business or other organisation on whose behalf you use our sites to purchase Products.

6. How the Contract Is Formed Between You and Us

6.1  For the steps you need to take to place on order on our site, please see our FAQs page.

6.2  Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3  After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.

6.4  We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).  The agreement between you and us for the supply of any Product you order will not be formed until we send you the Dispatch Confirmation.

6.5  If we are unable to supply you with a Product – for example because that Product is not in stock or is no longer available or because of an error in the price on our site  – we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Your Right of Return and Refund

7.1  Subject to your rights under the Australian Consumer Law and related State and Territory legislation, once we have accepted your order by sending you a Dispatch Confirmation, you may not cancel that order or ask for a refund.

7.2  If you believe you are entitled to return a Product or to request a refund, please contact us at orders@hachette.com.au or by calling 02 4390 1300.

7.3  Any refund will be made on the credit card or debit card used by you to pay for your order.

8. Delivery and Title

8.1  Delivery of Products you have ordered from us will be completed when we deliver those Products to the address you give us during the ordering process.

8.2  Any time-frames stated on our sites are indicative only, and while we will endeavour to deliver your Products expeditiously, we will not be responsible for any loss, damage or injury you may directly or indirectly suffer as a result of or in connection with any delay or failure to deliver within those time-frames.

8.3  You are responsible for providing us with a sufficient delivery address. If a Product is found to have been misaddressed by us, we will be responsible for re-delivery, replacement or a refund but if you have given an incorrect or insufficient address, then we will not refund or resend the Product and all responsibility for correcting delivery will be borne by you.

8.4  Any Products you have ordered will be your responsibility once they are delivered to you but you will only own Products delivered to you once we have received payment in full, including all applicable delivery charges.

9. International Delivery

9.1  We can deliver internationally (including to New Zealand). Please contact orders@hachette.com.au or call 02 4390 1300 for a quote. Please note that we do charge for postage and packaging on all international orders. Please also note that we can only ship books to countries where we hold the appropriate territorial rights.

9.2  If you order Products from our sites for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.  

9.3  You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

9.4  You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

10. Price of Products and Delivery Charges

10.1  The prices of the Products will be as quoted on our sites from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

10.2  Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. Any special deals or offers will only be valid for as long as they are displayed on our sites, unless stated otherwise.

10.3  The price of a Product includes GST (where applicable) at the applicable rate chargeable in Australia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

10.4  We do not charge delivery on books sent within Australia. For a quote on international delivery charges please email orders@hachette.com.au

10.5  Our sites contain a large number of Products. It is always possible that, despite our best efforts, some of the Products on our sites may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and

(b) if the Product's correct price is higher than the price stated on our site, we will:

(i) contact you in writing as soon as possible to inform you of this error; and

(ii) give you the option of continuing to purchase the Product at the correct price or cancelling your order; but

(iii) not process your order until we have your instructions (and if we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing).

11. How to Pay

11.1 You may only pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa and Mastercard. We do not accept AMEX or Diners cards. Payment processing is performed by the independent third party payment processing provider Shopify.

11.2  Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

12. Manufacturer Guarantees

12.1  Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

12.2  If you are a consumer, a manufacturer's guarantee is in addition to your legal rights, including under the Australian Consumer Law.

13. Events Outside Our Control

13.1  To the maximum extent permitted by law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war – whether declared or not – or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).

13.2  If an event covered by clause 13.1 takes place that affects the performance of our obligations to you:

(a) we will contact you as soon as reasonably possible; and

(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event; and (where the event affects our delivery of Products to you)

(c) we will arrange for delivery after the event is over.

13.3  We use reasonable endeavours to ensure that our sites and any transactions conducted on them are secure. However, you acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free, and that (to the maximum extent permitted by law) we will not be liable for any damage suffered due to failure, delay, interception or manipulation of electronic communications by any third party on any computer program (including those used to transmit viruses).

14. Other Important Terms

14.1  We may transfer our rights and obligations to you to another organisation, but this will not affect your rights or our obligations under these Terms.

14.2  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.3  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, those paragraphs will be severed from these Terms and the remaining paragraphs will remain in full force and effect.

14.4  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.5  These Terms are governed by the law in force in New South Wales, and any dispute or claim arising out of or in connection with them or a Product will be governed by New South Wales law. You and we both agree to that the courts of New South Wales will have jurisdiction over any such dispute or claim.