The website www.bauerbooks.com.au (“Website”) is owned and operated by Bauer Media Pty Limited (ABN 18 053 273 546) of Level 8, 54 Park Street, Sydney, New South Wales, Australia (referred to as “Bauer”, “we”, “us” or “our”).
The Website allows you to purchase products (“Products”). By purchasing a Product or by accessing or using the Website, you agree to be bound by these Terms and Conditions.
We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted, and continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.
Access & Use of the Website
1. You must only use the Website in accordance with these Terms and Conditions and any applicable law.
2. In using the Website, you must not (or attempt to):
a) violate any applicable laws;
b) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
c) disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);
d) collect or store personal data about other users of the Website;
e) use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or
f) engage in any other conduct that inhibits any other person from using or enjoying the Website.
g) interfere or disrupt the security of the Website or servers
3. To place Orders and access some features of the Website, you must register an Account with us. To register an Account, you must:
a) declare that you are over 18 years of age, or if you are not 18 years of age, that you have parental consent to make a purchase
b) give us accurate and current personal information including your name, address and a valid email address
4. You are responsible for all activities that occur through your Account and you must keep your password secure. If you are concerned that the security of your account has been compromised, contact us immediately on email@example.com
5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our site.
6. You must not link to our Website or any part of our Website, in a way that:
a) damages or takes advantage of our reputation
b) represents or implies that any part of the Website belongs to anyone other than us
c) is illegal or unfair
7. If we notify you that we object to the manner in which you provide links to the Website, you must immediately cease providing such links
8. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
Information on this Website
9. You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website, are all subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).
10. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
11. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.
12. All information about any Product is provided by the Vendor and (except where we are the Vendor) we have no responsibility for the accuracy of that information and are not liable for any errors or omissions in that information.
13. Except as provided in these terms, permission to reprint or electronically reproduce the Website or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any so-called robot, spider, scraper, extraction tool or similar technology) is prohibited, unless prior written consent is obtained from us.
14. ]We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
15. The Website may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website. You should contact the relevant third party directly if you have any questions.
16. In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for any such offer.
17. Where the Website includes products available for purchase, the prices and product description are the responsibility of the Vendor.
18. Prices quoted on the Website are in Australian dollars and are inclusive of GST (if applicable).
19. We are not responsible for any charges for internet access or mobile data network transmissions incurred in connection with accessing the Website
20. By placing an order with us you are agreeing to purchase a Product or Product's.
21. You must pay for the Order in full at the time of checkout by one of the payment methods provided on the site. You must have sufficient funds or credit facilities to cover the full cost of purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
22. Any errors made by you in entering your contact information and order details are your responsibility and neither we nor any Vendor is liable for any consequences of such errors, including but not limited to failure to send Products to the correct address.
23. If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact Customer Service immediately at firstname.lastname@example.org. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
24. For Products that are owned by us, delivery will be to your requested shipping address within 7-10 days of order, however we cannot guarantee specific delivery dates.
25. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Returns & Refunds
27. We will consider whether to provide you with a refund for your Product upon successful return. Any refunds will generally be paid to the credit card used to purchase the Product. If that credit card is no longer valid (eg, it has expired), a cheque payment will be issued. The cheque will be sent to the address nominated by you and may take up to 3 weeks to arrive. Please note, timing and methods for provision of refunds may vary according to each Vendor.
28. Where an item has arrived damaged, mis-bound, or faulty or does not meet the consumer gaurentees under the Australian Consumer Law, please let our customer service team know by visiting our Contact Us page. Where goods do not meet the consumer guarantees and there is a major failure in relation to the goods, you are entitled to the following rememdies: a refund in relation to the goods purchased; a replacement product which is identical or of similar value if reasonably available. We may request to see your proof of purchase.
29. Promotion code discounts or offers, when applicable, are applied directly at the checkout. Terms and conditions vary and will be stated on all promotional marketing material; this includes minimum value, brand and offer exclusions and promotion expiry dates.
a) From time to time we may release promotion codes that may be used on the Website. Promotion codes can only be redeemed on the Website in accordance with the special terms and conditions stated on them.
b) Promotion codes are valid for the specified period stated on them only. Certain Products may be excluded from promotions.
Marketing & Communications
30. You consent to:
a) the receipt of emails or SMS from us containing information and offers about products and services available through the Website in which you may have an interest, and
b) the receipt of emails or SMS from Vendors, containing information and offers about their products and services.
Warranties & Liability
31. You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.
32. You expressly acknowledge and agree that your access to and use of the website is at your sole risk and the website is provided "As is" and "As available". In particular, we do not represent or warrant to you that:
a) Your access to and use of the website will meet your requirements (and you acknowledge that you have relied upon your own experience, skill and judgement to evaluate the website and that you are satisfied as to the suitability of the website to meet your requirements); or
b) Your access to and use of the website will be uninterrupted, timely, secure or free from viruses or error.
33. Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in these terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness or non-infringement of third party rights.
34. If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:
a) in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
35. Subject to our obligations under the non-excludable terms, our maximum aggregate liability for all claims arising under or in relation to these terms or otherwise as a result of your access to and use of the website is limited to $100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
36. Subject to our obligations under the non-excludable terms and to the maximum extent permitted by law, in no event are we liable under or in relation to these terms or otherwise as a result of your access to and use of the website for any indirect, special, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain.
37. The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.
38. You must indemnify, defend and hold harmless us and our affiliates, and our and our affiliates’ directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.
39. We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
41. If any part of these terms is:
a) held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
b) inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,
and the remainder will remain in full force and effect.
42. All offers made, contracts concluded and services provided through the Website shall be deemed to be made and provided in New South Wales, Australia notwithstanding the location of you or the Vendor. These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
43. These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.
44. Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
45. The word “including” when used in these terms is not a term of limitation.
Updated September 2019.