Terms of service
TERMS AND CONDITIONS OF USE
Our Terms and Conditions of Use, herein referred to as “Terms of Use” were last updated on 22/7/2024
The owner of the www.oakmontbooks.com.au www.oakmontbooks.com and www.oakmontbooks.au websites (the “Site”) is Sandy Commercial Ventures Pty Ltd trading as Oakmont Books ACN 679 086 303 ABN 71 679 086 303, herein referred to as “Oakmont Books”.
Please read these Terms of Use carefully before using the Site and our services. By using this Site, you agree that you have read, understood, and agreed to be bound by these Terms of Use.
In these Terms of Use, the expressions “We”, “Us” and “Our” are a reference to Sandy Commercial Ventures Pty Ltd trading as Oakmont Books. The expression, ”you” refers to the customer.
Product/s refers to our goods and/or services for sale.
Agreement to Term of Use
These Terms of Use apply to the Site, including the purchase of products over the Site. These Terms of Use must be read in conjunction with all other applicable terms and conditions governing the use of the Site.
By using this Site, you agree to there Terms of Use. If you do not agree, you are expressly prohibited from using the Site or purchasing through Oakmont Books and you must cease use of the Site.
Amendments to the Terms of Use
We may, in our sole discretion, amend these Terms of Use at any time. It is your responsibility to periodically review the Terms of Use to stay informed of updates.
By continuing to use the Site following any such amendments, you agree to the Terms of Use, as amended.
Orders and payments
The products available on the Site are only for sale to persons who can make legally binding contracts. By offering to purchase products advertised on the Site, you declare that you can enter into legally binding contracts.
We give no undertakings as to the availability of products advertised on the Site. If you purchase products which We cannot supply, We will refund you the price paid for those products.
Subject to these Terms of Use, you may offer to purchase products described on the Site for the price specified on the Site. Your order must contain the order information specified on the Site, including your name, address, contact and payment method details. Prices are exclusive of Australian goods and services tax (GST).
We will at our discretion accept or reject your offer to purchase.
You agree to pay all charges at the prices in effect for the product/s selected for purchase and any applicable postage charge/s. You authorise us to charge your chosen payment method for any such amounts upon placing your order.
Title (that is, ownership) in the goods purchased shall pass to you when We post the product/s to you. Risk of loss or damage to the product/s passes to you on despatch from us.
You consent to receive sales invoices electronically. By purchasing from the Site or our eBay store, you consent to receiving electronic communications from us. You may unsubscribe at any time.
All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted. add SSL certificate and accepted payment types
We will send the product/s to you as soon as practicable after receiving payment for the products, including any applicable postage charges for international orders.
Postage and shipping
Estimated postage times are as follows:
· Regular Australian Post - 7 to 10 business days
· Express Australian Post – 2 to 5 business days
· International Post – 10 to 20 business days depending on the location and available courier
The estimated postage time is an estimate only. The actual postage time may be shorter or longer than the estimated postage time depending on the actual delivery speed of the postage company, where in each state/territory/country the item is being posted from/to, and the level of congestion present on the postage company’s delivery network.
We do not accept any liability for products after they have been posted to you, except as indicated below.
If a product is not received by you because you have provided an incorrect or insufficient address, then:
(a) if the product is returned to us, we will resend the product to you provided that you first pay the cost of postage and handling for resending; or
(b) if the product is not returned to us, then We shall have no further responsibility. That is, we are not liable for any orders that go missing due to incorrect delivery information provided by you.
If a product is not received by you because it was sent by us to an incorrect address due to an error by us then We shall be responsible for either resending or replacing the product or refunding of the price of the product including postage charges (for international orders).
If you do not receive your product within 40 business days (for orders within Australia postage) or 60 business days (for international orders) We shall be responsible for refunding you the price of the product.
If we are not able to post the order within the time periods listed in this section due to a high volume of orders, short-staffing or otherwise, we will notify you by email or by notice on the site of the expected delay and the estimated date range of the inability to post the order. The time limit/s for shipping, in relation to the previous paragraph, start to run from the last date listed in the date range communicated to you by us in notifying you of of the inability to post the order within the time periods listed in this section
You agree not to hold us liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
Free shipping applies to all Australian mainland locations.
Free shipping does not apply to international locations (that is, outside the Australian mainland). International postage charges quoted on our Site is an estimate only. We may contact you to request additional postage charges if the actual international postage charge exceeds the estimated rate paid by you. You agree to pay any additional charge relating to international postage as advised by us. You agree that non-payment of such charge within 5 calendar days will result in the cancellation of your order. In the event your order is cancelled, you will be refunded the purchase price less a $20 (AUD) administration fee at the currency exchange rate applicable at the time of refund.
Further details regarding online orders, payment, shipping and delivery, viewing and changing your order and returns and refunds may be found at the Site and applicable terms and conditions referred to at the Site are incorporated into these Terms of Use by reference.
Cancellation of orders
You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and payment has been taken. If a cancellation of this nature occurs after payment has been taken, we will issue a refund for the amount in question.
You may request to cancel an order due to change of mind. Cancellation due to change of mind can only occur if your products have not been posted yet.
In the event that your products have not been posted yet, cancellation due to change of mind is at our discretion. A $20 (AUD) administration fee applies for cancelled orders. This will be offset against the refund of the purchase price of the product refunded to you. If your order is less than or equal to $20 (AUD), a refund will not be issued. Any difference in the case of orders less than $20 (AUD) will be written-off by us.
Prices
Prices are in Australian dollars (AUD) unless otherwise indicated.
International currency conversation rates at the time of purchase apply for international orders.
We reserve the right to discontinue any products at any time for any reason. Advertised prices for all products are subject to change from time to time at our discretion.
Product condition
We take as much care as possible to ensure that accurate detail and description in relation to condition are listed. This includes photographs of the product (where applicable).
Defects are either noted in the product description and/or displayed in the product photographs. The product photographs form part of the product’ condition description.
You acknowledge that despite our reasonable care, products listings may omit minor details relating to condition such as underlining in pencil or pen on some pages of a book, as a result of oversight. We make every effort to display as accurately as possible the features, specifications, and details of the products available. However, we do not guarantee that the features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and either our electronic equipment or your electronic display may not accurately reflect the actual colours and details of the products.
We use the following terms to describe the condition of products on this Site:
New: A new, unread, unused book in perfect condition with no missing or damaged pages.
· Like New: A book that looks new but has been read. Cover has no visible wear, and the dust jacket (if applicable) is included for hard covers. No missing or damaged pages, no creases or tears, and no underlining/highlighting of text or writing in the margins. There may be very minimal identifying marks on the inside cover. Very minimal wear and tear.
· Very Good: A book that does not look new and has been read but is in excellent condition. No obvious damage to the cover, with the dust jacket (if applicable) included for hard covers. No missing or damaged pages, no creases or tears, and no underlining/highlighting of text or writing in the margins. There may be very minimal identifying marks on the inside cover. Very minimal wear and tear.
· Good: A book that has been read but is in good condition. Very minimal damage to the cover including scuff marks, but no holes or tears. The dust jacket for hard covers may not be included. Binding has minimal wear. The majority of pages are undamaged with minimal creasing or tearing, minimal pencil underlining of text, no highlighting of text and no writing in margins. No missing pages.
· Acceptable: A book with obvious wear. May have some damage to the cover but integrity still intact. The binding may be slightly damaged but integrity is still intact. Possible writing in margins, possible underlining and highlighting of text, but no missing pages or anything that would compromise the legibility or understanding of the text.
· Poor: Significant wear and tear. May have missing or torn pages an/or heavily underlined or highlighted text.
Free books
We may include a complimentary book free of charge as part of your order. You will not be notified of the inclusion of the complimentary book prior to receiving your product. The book will be posted to you with the product you have purchased. Inclusion of a complimentary book, including but not limited to the topic area and condition is at our sole discretion.
No additional postage charges shall apply to complimentary books for international orders.
Complimentary books cannot be returned.
Limitation of liability
You agree that you must take precautions to ensure that the process which you adopt for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with the Site or any linked website.
We do not warrant the accuracy, adequacy or completeness of the information appearing on the Site, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information.
You acknowledge that, despite precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Site which may include your personal information. We do not accept responsibility or liability of any nature for any such losses, whether direct or indirect, arising from or in connection with any unauthorised access, which you may sustain as a result.
You agree that your only right with respect to any dissatisfaction with the Site is to cease using the Site.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take steps to preserve the security of such information. You agree that we do not accept responsibility or liability of any nature for any losses sustained by you, whether direct or indirect, arising from or in connection with any breach in security on your computer system or the Site, including any unauthorised access (including but not limited to your personal information.)
Disclaimer
We do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
We will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise arising from or connected to the Site or these Terms of Use.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms of Use.
Nothing in this disclaimer is intended to limit or exclude any liability that cannot be lawfully excluded.
We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our control.
The non-exercise or delay in performance of a right under these Terms of Use does not constitute a waiver. If we waive any rights available to us under these Terms of Use on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
Headings in these Terms of Use are for convenience only and do not affect interpretation.
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.
Indemnity
You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to defend, indemnify and hold harmless Oakmont Books and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the Site and/or your breach of these Terms of Use.
Linked websites or social media sites
The Site may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on, those linked websites, unless and to the extent otherwise indicated. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
Governing Law
These Terms of Use are governed by the laws of New South Wales. You submit to the exclusive jurisdiction of the Courts of New South Wales.
Copyright
Copyright in the Site (including titles, text, graphics, logos, icons, sound recordings and software) is owned by us. Except as permitted by the Copyright Act 1968 (Cth) (and similar legislation which applies in your location) or expressly permitted by these Terms of Use, you may not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or commercialise any information, products or services obtained from any part of the Site without our prior written consent.