HORDERN HOUSE CUSTOMER USE AGREEMENT
(For clients registering as a Hordern House customer on the Website)
Last Revised 24th February 2010
This agreement between you and Hordern House Rare Books Pty Limited ABN 94 193 459 772 (Hordern House) explains how you can use the Hordern House website located at http://www.hordern.com and all other Hordern House associated websites and buy books listed on the Website. Use of Website is governed by this agreement. By registering as a Hordern House customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
1. WHO IS HORDERN HOUSE?
Hordern House operates a number of Websites, including Hordern.com, Hordernhouse.com, Hordern-house.com, voyagesanddiscovery.com, historyofexploration.com, flindersvoyages.com, voyagehistory.com, captaincookvoyages.com and literatureofdiscovery.com (together, the Website) that allow registered Hordern House customers to purchase used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (Items) from the Website.
2. WHO CAN BE A CUSTOMER?
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a customer and purchase books through the Website, and you warrant that you are able to do so. Customers must comply with all applicable laws.
All information submitted by Customers through the Website, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.
Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement.
3. HOW THIS WORKS
This Website is an online bookshop for its Customers. Customers buy Items from Hordern House or via Hordern House on consignment from Hordern House's suppliers.
In the case of credit card purchases, either the financial institution or Hordern House, depending upon the process requested by the Customer, may process the credit card.
Passwords for use of the Website must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under Your password. You must immediately notify Hordern House of any unauthorised use of Your password, or if You know or suspect that Your password has become known to any other person. Hordern House is not under any obligation to verify the actual identity or authority of the user of any password.
4. MISPRINTS AND ORDERS
Although Hordern House strives to provide reliable and current information on the Website, misprints or other errors may occur. Hordern House reserves the right to change information on the Website at any time and from time to time without any notice or liability to You or any other person.
In some cases, the content of the Website relies on information received from our suppliers by us in good faith and/or on the basis of warranties made by them and we are not always able to verify the accuracy of this information. To the fullest extent permitted by law, we cannot and do not warrant or represent that statements made on the Website is accurate or not misleading. You may refer any inaccuracies or concerns to webmaster@hordern.com, which we will deal with at our discretion.
Items listed on the Website are subject to availability, and may not be available when ordered or afterwards.
5. TERMS OF TRADE
The Items offered on the Website are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes an irrevocable offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Hordern House sends an invoice and shipping notice to Your email address.
In consideration of the payment by you of the purchase price for Items listed on the Website, we will sell to you and you will buy from us the Items on the terms and conditions of this agreement.
The policies on our Website and our Website Terms and Conditions of Use [INSERT HYPERLINK] contain further rules in relation to our terms of trade, return policies, delivery, insurance and payment. These policies form part of this agreement. If there is any inconsistency between these documents, this agreement prevails followed by the terms and conditions of use and then our policies.
Transfer of title to the Items is free of encumbrances and all other adverse interests shall pass to you on the date that we advise you that we accept a sale.
The risk in the Items is transferred to you at the time of sale, however we may agree to insure the Items on your behalf at our expense in our sole discretion.
You must not return Items to us unless we consent to the return of those Items. Once you have paid (or provided payment details) for an Item no money will be refunded unless we cannot accept your order or otherwise agree to do so in our sole discretion.
Hordern House may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Website from time to time and without any notice or liability to You or any other person, by posting revised documents on the Website. You may not change, supplement or amend this agreement or any Hordern House policies or procedures.
6. WE RESPECT YOUR PRIVACY
Your personal information will be collected and saved by Hordern House. All data and information collected from You by Hordern House is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy [INSERT HYPERLINK].
7. WARRANTY DISCLAIMER AND LIABILITY EXCLUSION AND LIMITATION CLAUSES
This Website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Hordern House to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, Hordern House's liability is limited to foreseeable and typical damages. Hordern House will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by You unless it concerns the loss of life, injury of body and/or physical health.
In no event will Hordern House accept total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Hordern House. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
8. LEGAL CLAIMS
For all disputes between Hordern House and you or any other person arising from, connected with or relating to the Website, this Agreement, transactions facilitated or conducted through the Website, Items ordered or purchased through the Website, dealings between You and Hordern House, or any related matters or any legal relationship associated therewith or derived there from (Disputes), the relevant parties will attempt to find a reasonable solution least onerous to the parties.
If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of New South Wales sitting in the City of Sydney, Australia, and you irrevocably submit to the exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Sydney, New South Wales, Australia within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.
9. HOW DO YOU OR HORDERN HOUSE END THIS AGREEMENT?
You or Hordern House may terminate this Agreement at any time with immediate effect and without any prior notice, without prejudice to any accrued rights. Hordern House may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Website without any notice or liability to You or any other person.
If this agreement or your permission to use the Website is terminated by You or Hordern House for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Website and prior purchases of Items through the Website and anything connected with, relating to or arising from those matters.
10. GST
Fees for our services include GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) unless otherwise stated. Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new rate of GST. We will issue a tax invoice to the payer for any supplies made by us to which GST applies.
11. CHANGES TO WEBSITE
Hordern House may, in its discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of them at any time, for any reason, without any notice or liability to You or any other person.
You and Hordern House have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
12. GOVERNING LAW
These Terms and Conditions and all related matters are governed solely by the laws of New South Wales, Australia and applicable federal laws of Australia, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Thank you for registering with Hordern House. We look forward to serving you as a valued customer.