Terms and Conditions of Sale
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to BDA Books and “You” and “Your” refers to you, the client, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and BDA Books’ rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that BDA Books is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), BDA Books’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF PHYSICAL GOODS
BDA Books uses Australia Post and/or other reputable courier companies to deliver physical goods.
Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery company chosen. BDA Books is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of BDA Books.
RETURNS AND REFUNDS
BDA Books handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. For example if you received damaged, defective, or incorrectly packaged or printed books, we are happy to provide a replacement copy.
Unopened goods will be refunded in full, less any shipping, postage and/or delivery costs, provided the goods are in original condition, accompanied by proof of purchase from us and do not fall within the special exceptions* below.
*Please choose carefully as we do not offer exchange or refunds on Downloads, Special Orders, Calendars or Diaries, Sale items, CDs or DVDs unless the seal is intact. Refunds will be provided at any time if an item is faulty, does not do what it's supposed to do, or is significantly different to that shown or described to you.
If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment.
Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of BDA Books.
All information we receive from our customers, is protected by our secure servers. BDA Books’ secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data BDA Books collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
DISCLOSING YOUR INFORMATION
BDA Books may be required, in certain circumstances, to disclose information in good faith and where BDA Books is required to do so in the following circumstances: to delivery agents (such as Australia Post and/or other reputable courier companies) to enable delivery of any goods and/or services purchased on this website; by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of BDA Books, its customers or third parties.
These terms and conditions represent the whole agreement between you and BDA Books concerning your use and access to BDA Books’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and BDA Books that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.