Welcome to TheBookGarden.com.au, a website owned and operated by American Book Store Pty Ltd.
These terms and conditions apply to the use of this web site at www.thebookgarden.com.au and its associated partner web sites. By accessing this web site and/or placing an order, you agree to be bound by these terms and conditions as well as the other policies posted on the www.thebookgarden.com.au (TBG) website.
The TBG web site is operated by: American Book Store Pty Ltd, a company registered in Australia, whose registered office is at 197 Elizabeth St Brisbane QLD 4000. Our ABN number is 3700 9965 879.
Our contact details are as follows: Address: Unit 7, 39 Campbell Street, Toowong QLD 4066 General email: firstname.lastname@example.org Phone: 07 3229 9935 Fax: 07 3221 2171
Use of the Site
License and Site Access
TBG grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of TBG. TBG also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of TBG so long as the link does not portray TBG, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Prohibited Uses of the Site
Each of the foregoing is expressly prohibited unless TBG’s prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by TBG.
Termination of Access
Intellectual Property Rights; User Content Copyright
All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TBG or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of TBG and protected by applicable copyright laws. All software used on the Site is the property of TBG or its software suppliers and protected by applicable copyright laws.
Reviews and Other User Content
Where allowed on the Site, users may submit reviews, comments, and other content. If you choose to submit such content, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content. You agree that any submissions submitted by you to the Site will be accurate and will not violate these Terms or Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no submission submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Payment for Products Purchased Through the Site
Methods of Payment
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. TBG will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
All transactions conducted by or with TBG, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in Australian Dollars. In the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Australian Dollars and such refund was made through the customer’s credit card, then the credit card issuer would determine the applicable exchange rate at such time as provided above. In no event will TBG be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
Product Descriptions and Prices Product Descriptions
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. TBG does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM TBG THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR TBG CREDIT IN THE AMOUNT OF THE PURCHASE PRICE. We have made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor we cannot guarantee that your monitor’s display of any colour will be accurate.
We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of TBG, TBG may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation. TBG will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. TBG will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, TBG will immediately issue a credit to your credit card in the amount of the charge.
Order Processing, Shipment, Returns, Order Acceptance
TBG is located in Australia. By displaying products on the TBG website, TBG is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Australia. If you place an order for products shown on the Site, your order will be deemed an acceptance in Australia of our offer. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.
TBG accepts returns of most defective products in accordance with the terms and conditions posted from time to time Replacement of returned products will be made in accordance with the Return and Refund Policy.
User Privacy; Data Security
You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify TBG immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your “My Account” information by clicking on the “My Account” link on the Site.
The Site may contain links to other websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites. TBG does not assume any responsibility or liability for the actions, products, or content of any of these websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.
Age of Users
TBG does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. TBG relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.
You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
The site is provided by TBG on an “as-is” and “as-available” basis. TBG makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, or materials included on the site. TBG does not warrant that the site, its servers, or e-mail sent from TBG are free of viruses or other harmful components. TBG will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, special, punitive, and consequential damages. Without limitation to the foregoing, you expressly agree that your use of the site is at your sole risk. To the full extent permitted by applicable law, TBG disclaims all warranties, express or implied, relating to the products sold by it or available on the site, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Applicable Law and Disputes Applicable Law
Delay in Enforcement