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TERMS & CONDITIONS
1. Contract
The goods on this website are offered for sale by Hero Books Pty Ltd, ABN 35 125 589 693 trading as Hero Books, of 477 Warrigal Road, Moorabbin, Vic, 3189. By entering your details to make a purchase, you are offering to make a contract to purchase goods from us (i.e. Hero Books Pty Ltd, ABN 35 125 589 693 trading as Hero Books) If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully. The contract is deemed to be made at our registered premises.
Hero Books must receive payment for the whole price of your ordered goods before that order can be processed. Once your payment has been received, we will confirm your order by contacting you at the email address provided in your order form. Our acceptance of your order brings into effect a legally binding contract between us.
2. Pricing
The prices payable for the goods that you order are set out in our website. These prices do not include delivery.
Delivery charges are as set out in our website; although there are some places to which it may not be possible for us to deliver.
All prices listed are in Australian dollars.
3. Cancellation
You cannot cancel your contract with Hero Books, as the goods you have purchased are produced to order.
Hero Books reserves the right to cancel the contract between us if:
a) we have insufficient stock; or
b) we do not deliver to your area; or
c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error in the pricing information received by us from our suppliers.
If Hero Books cancels your order, you will be notified by email and have any sum deducted by us in payment re-credited to your account as soon as possible, but within 30 days from the original date of your order.
4. Delivery
We will deliver your order to the address provided in your order form.
You should expect to receive your goods within 14 days from placing your order.
You will receive ownership of the goods upon their delivery to you. When the goods have been delivered, they will be held at your own risk and Hero Books will not be liable for their loss or destruction.
5. Liability
If the goods we deliver are not what you ordered or are damaged or defective, or if the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 15 working days of the delivery of those goods.
If you do not receive goods ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
Should you notify Hero Books of a problem under the above conditions, our only obligation will be, at your option:
a) to make good on any shortage or non-delivery;
b) to replace or repair any goods which are damaged or defective; or
c) to refund the amount paid for the goods in question however we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid for the goods in question under Clause 5.3(c) above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between Hero Books Pty Ltd and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
Subject to the foregoing, Hero Books Pty Ltd is not liable to you (or to any third party claiming through you) for, and you release Hero Books Pty Ltd from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property ("Loss") caused by any act or omission of Hero Books Pty Ltd, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
6. Notices and Returns
6.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to Hero Books must be in writing and sent via enquiries@herobooks.com.au or to our registered contact address at:
The Manager
Hero Books Pty Ltd
477 Warrigal Rd
Moorabbin VIC 3189
6.2 Unless otherwise stated, all notices from Hero Books to you will be displayed on our website from time to time.
6.3 Any returns should be accompanied with a cover letter stating the senders name, address, purchase details and explanation for the return. These should be sent to our registered contact address set out in 6.1.
7. Events Beyond Our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so, or for any damage or defect to goods delivered, that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident or events deemed ‘freak of nature’.
8. Invalidity
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.
9. Governing Law
The contract between us shall be governed by and interpreted in accordance with The Laws of Victoria and the Victorian courts shall have jurisdiction to resolve any disputes between us.
10. Entire Agreement
These terms and conditions, together with our current prices as listed on our website, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the provision of goods by Hero Books to you. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature and/or quality of any of the goods offered by sale for us. Save for fraud and fraudulent misrepresentation, we shall have no responsibility for any such representation being untrue or misleading.
The information contained in the website may contain typographical mistakes or technical inaccuracies. Information may be changed or updated without notice and any queries relating to the information including queries as to its accuracy should be addressed to:
The Manager
Hero Books Pty Ltd
477 Warrigal Rd
Moorabbin VIC 3189
11. Credit Card Use
Hero Books accepts Visa and MasterCard for online purchases only.
If the amount charged for any given order exceeds your credit limit, Hero Books will contact you.
12. Amendments
Hero Books may add to, delete or otherwise change any of these terms and conditions. Hero Books will notify you of any substantial changes to these terms and conditions. Your use of Hero Books after notice will constitute your deemed acceptance of such changes. |
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