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Terms and Conditions

These terms and conditions of use (“terms”) are part of the booknook.com.au website, they include the purchase terms and conditions and online policies set forth below, the booknook.com.au privacy policy, and they have been in effect since January 1, 2010. See our Privacy Policy for more information.

Please read these terms carefully. They govern your use of the booknook.com.au website and your purchase of products from this website. They exempt Book Nook and other persons from liability or limit their liability, and contain other important provisions.

1. Your acceptance and agreement to these terms
These Terms are an agreement between you (or any entity you represent) and Theban Pty Ltd. ABN 53 140 756 565 ("Book Nook” or “we”). They govern your access to and use of Book Nook’s booknook.com.au website (the "Website"). These Terms also may refer to and benefit Book Nook’s affiliates, service providers, suppliers and other persons.

Each time you use our Website you have agreed to be bound by these Terms as they then read.  You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.   

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2. Changes to these terms; termination
We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. Book Nook may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.

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3. Ownership; your use of the website
The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property of Book Nook and/or others, and is protected by Australian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of Book Nook. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms.

You may use the Website only if you are a resident of Australia, have reached the age of 15 and you can form legally binding contracts under applicable law. Book Nook may request proof of identification and age. We ship products only to addresses in Australia.

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4. Registered users; protecting login information
Certain areas and features of our Website are available only to registered users.  If you register as a user, you will be issued a login name and password by Book Nook. Although Book Nook has no obligation to verify the actual identity or authority of any person registering to use the Website, Book Nook may in its discretion require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.

If you have been issued a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information.  You are fully responsible and liable for the security of your login information and any and all use and misuse of such information.  If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notify Book Nook by telephone (07) 4637 9980 or by email to: sales@booknook.com.au.

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5. Use and ownership of user provided content
If you provide Book Nook with any unsolicited ideas or suggestions, or post any content on the Website, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to the Terms), and (ii) grant to Book Nook, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sub licensable, right and license to use and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Book Nook or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in such submissions and/or content are waived in favour of Book Nook and its successors, assigns and licensees.

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6. Accuracy of information you provide to Book Nook
All information you provide to Book Nook through this Website, including registration information, payment information, and transaction-related information, must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Book Nook or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.

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7. Errors and product availability; offers to purchase
Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur. Book Nook does not guarantee that products and services advertised on our Website will be available when ordered or thereafter. Book Nook makes no warranty that the content of the Website, including product descriptions or photographs, is accurate or complete.

Book Nook may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason and (d) limit quantities available for sale.

The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Australian dollars.

If we make an error in the description of a product or offer on our website, we may correct or remove the product or offer description at any time. In the event that a product or offer is mispriced or made in error, we reserve the right to refuse the offering and withdraw any advertising relating to the offer or product. Any products or offers that are advertised on our website are strictly for offer on our website and will only be honoured within our store at our discretion.

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8. Trademarks/logos
Book Nook ™, the booknook.com.au logo and other names and logos that are used on our Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Book Nook or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website shall grant, or is intended to grant, any license or right to use any of the Marks.

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9. No linking, framing, mirroring, scraping, data-mining or unauthorized postings
Linking to the Website without the prior written permission of Book Nook is prohibited. If you desire to link to our Website, you may send an email to sales@booknook.com.au requesting such permission. Book Nook may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of Book Nook forums or other Website locations intended for such comments and hosted by Book Nook.

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10. Contests
Book Nook may make contests available to users of the Website and others. All contests are governed by these Terms and the applicable contest rules. By participating in a contest through the Website, you are agreeing to these Terms and the applicable contest rules.

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11. Disclaimers, liability exclusions/limitations on liability and indemnity

Disclaimers
Your access to and use of the website is at your own risk. Subject to this clause 11, the website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Book Nook to the fullest extent permitted by law.

Liability exclusions
Subject to this clause 11, to the fullest extent permitted by law Book Nook and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or these conditions of use including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Book Nook or any person for whom Book Nook is responsible, and even if Book Nook has been advised of the possibility of such loss or damage being incurred.

Acknowledgement and exclusion by statute in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.

Non-excludable warranties
State, territory and federal legislation implies certain non-excludable warranties into contracts for the supply of goods or services to a consumer.  This clause 8 does not limit such non-excludable warranties where they are implied into these terms.

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12. Personal information; Privacy Policy
Book Nook collects, uses and discloses personal information in accordance with its Privacy Policy. By accepting these Terms, and each time you use the Website, you consent to Book Nook’ collection, use and disclosure of any personal information you have provided in accordance with Book Nook’s Privacy Policy as it then reads. 

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13. Links to other websites/resources
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by Book Nook.  Accordingly, Book Nook is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against Book Nook arising from your use of any of these other websites.

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14. Governing law and dispute resolution
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of Queensland, Australia and applicable federal laws of Australia. Any dispute between you and Book Nook or any other person arising from, connected with or relating to the Website, these Terms, or any related matters (collectively "Disputes") will be resolved before the Courts of Queensland, sitting in Brisbane, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

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15. Other matters
All prices are in Australian Dollars.

If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.

These Terms enure to the benefit of and are binding upon each of Book Nook and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Book Nook may assign its rights and obligations under these Terms without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

Any rights not expressly granted by these Terms are reserved to Book Nook.

16. Book Nook Contact Information
You may contact Book Nook by telephone, email, or postal mail:
Theban Pty Ltd (trading as Book Nook)
ABN 53 140 756 565
P.O. Box 1140
Toowoomba, QLD 4350 Australia
Telephone: + 61 7 4637 9980
Facsimile: + 61 7 4638 0284
sales@booknook.com.au

17. Purchase terms and conditions – these terms and conditions are part of the terms and conditions of use.

17.1 Shipping
If Theban Pty Ltd (trading as Book Nook) (“Book Nook” or “we”) has your product(s) in stock, we will post you an invoice with the books you have ordered, and showing that your credit card has been charged; that notice is our acceptance of your order. In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Back-Order orders will ship once the item is back in stock. We will send you a shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method used.  Book Nook ships through the Australia Post service. 
You may contact us at:

Theban Pty Ltd (trading as Book Nook)
ABN 53 140 756 565
P.O. Box 1140
(Shops 5-7 / 158 Margaret Street)
Toowoomba, QLD 4350 Australia
Telephone: + 61 7 4637 9980
Facsimile: + 61 7 4638 0284
sales@booknook.com.au

17.2 Acceptance of orders
We may limit quantities available for sale or sold, and we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.

Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an invoice / shipping notice to your address. That shipping and payment notice constitutes our acceptance of your order and forms a legally binding contract with Theban Pty Ltd., which operates booknook.com.au. The total price of your order will be charged to your credit card when our shipping and payment notice has been sent to you. 

Orders that cannot be filled at the same time, i.e., preorder or backorder products, will be treated as separate orders and billed separately.  Reservation deposits will be taken for any pre-ordered products, and applied when the products are shipped to the full purchase price, which will be charged to you at time of shipment. 

If you wish to cancel an order, you may request a cancellation by calling (07) 4637 9980. However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective.

It is a requirement that all orders intended for delivery within Australia be placed from within Australia.

If an order is placed outside of Australia or is placed using a credit card with a billing address outside of Australia then it is considered an overseas transaction.

We retain the right to either approve or deny any overseas transaction at our discretion.

All orders placed undergo an internal order verification process. During this process an order may be approved or denied at our discretion.

17.3 Refunds and returns
Due to copyright laws, music CDs, DVDs and videos in opened packages may only be exchanged for the same item.

17.3.1 Incorrect or Damaged Items
If you receive an incorrect or damaged item, Book Nook accepts returns of items accompanied by your receipt if returned within 30 days of shipping. We will replace the item, or issue a full refund including shipping. Returns should be sent to:

Book Nook
P.O. Box 1140
Toowoomba QLD 4350
Australia

17.3.2 Change of Mind Returns
Book Nook may at our discretion accept return of items in the event of a change of mind if the items are returned in mint condition within 14 days of purchase. Please contact us first to obtain approval for any return. We cannot refund for change of mind, however a credit note will be issued for you to use against your next purchase. You are responsible for postage charges.

18. Online policies – These policies apply to online sales transactions and are part of the Terms and Conditions of Use

18.1 Methods of payment
You can pay for any purchase you make online by using your MasterCard or VISA card, provided it was issued in Australia.

On purchases made with a credit card, the same card used to make the purchase will be credited with the refund. The credit will be made within 7 business days of us receiving and verifying the returned merchandise.

18.2 Purchasing by children under 15 years old and minors
For the protection of our shoppers, it is our policy to not sell to children less than 15 years of age. If you are a minor, and wish to purchase from our online store, please have a parent or legal guardian make the purchase for you.

18.3 Errors and misprints
If we make an error, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges), and/or correct the error on our Website. In the event that you are shipped an incorrect product, we will accept the return of the unit and provide you with a refund.
If we discover that a product’s description or specifications are misstated or incorrect, we will endeavour to correct the error.

18.4 Advertising rebate policy
Any applicable taxes are calculated and payable on the price before applying the rebate. Postage must be paid on mail-in rebates. Book Nook is not responsible for manufacturer mail-in rebates.

18.5 Delivery
Delivery is subject to warehouse availability. Back-Order items will be shipped as soon as possible, upon arrival from the manufacturer/publisher. Please take shipping time into consideration.

See our Privacy Policy for more information