Online Store Terms
Personal shoppers only – bookshop and trade customers see Bookseller Terms of Trade (on the PETAA Booksellers page)
About these terms
In these terms, ‘PETAA’ means Primary English Teaching Association trading as Primary English Teaching Association Australia (PETAA) ABN 36 002 557 075 and ‘you’ means the person whose details are entered in the [‘Personal Details’] section during the purchase process.
Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms. In most cases, their meanings are set out below at the end of these terms but some meanings are set out in the body of this document.
When an order placed by you in accordance with these terms is accepted by PETAA, the Order and these terms form a contract between PETAA and you. That contract for the supply of products that are listed on the PETAA Online Store and that PETAA agrees to supply to you under these terms is referred to throughout these terms as the Contract. The Contract cannot be varied unless PETAA agrees to vary it in writing or by email.
PETAA reserves the right to vary these terms from time to time by posting amendments to this website or by notifying them to you by some other means. The amendments will take effect immediately they are posted on this website or otherwise notified to you and will apply to all Orders made after that date.
Orders, prices and payment
By listing products for sale on the PETAA Online Store, PETAA is inviting you to do business with PETAA but is not offering to supply any particular products.
You may place an order online by following the specified steps in the PETAA Store Checkout. Orders will not be accepted by PETAA if they are in any other form.
Prices for Products listed on the Online Store and downloadable order forms are expressed in Australian dollars and are inclusive of Australian Goods and Services Tax. You must also pay any postage, freight and handling charges specified on the Online Store or the downloaded order form that you use to submit your Order.
You may pay for the Products you have ordered using the payment methods specified in the PETAA Store Checkout or the order form. When you submit credit card details via the Online Store, PETAA obtains a pre-approval from the credit card provider for the amount specified in your Order. That amount is billed to the nominated credit card when the Products specified on the Order are shipped.
You may not cancel an Order once it is submitted. PETAA reserves the right to refuse to supply an Order that you submit, even if you have paid for the Order, and PETAA is not obliged to give any reason for the refusal. If PETAA cancels an Order after you have paid for it, the amount paid will be refunded as soon as reasonably practicable.
PETAA will send the Products specified in your Order to the shipping address specified in the Order. PETAA will use commercially reasonable endeavours to make sure that the Products are shipped within any time estimates given before or at the time you submit your Order. However, subject to any applicable Consumer Guarantee:
- PETAA does not promise that shipping will occur within the estimated time or at all; and
- PETAA will not be liable to you at all, whether under the terms of the Contract or in negligence or otherwise, for any late delivery of, or failure to deliver, the Products.
Title in the Products will pass to you when payment in full is received by PETAA. Risk of loss of or damage to the Products passes to you when the Products are delivered to you.
Without limiting your rights under any applicable Consumer Guarantee:
- Goods supplied in accordance with a customer's order cannot be returned for credit. Goods are supplied on a firm sale basis only
- In the event that goods are to be returned, you must obtain authorisation from PETAA prior to returning any;
- If PETAA requests that the goods be returned to PETAA, the customer must do so within 30 days of the date of the invoice rendered in relation to such goods. At the customer's option, upon receipt of the returned goods, PETAA will either replace the returned goods, reduce the amount of the invoice by the amount invoiced in respect of the returned goods, or provide a credit to the customer for the amount invoiced in respect of the returned goods.
- PETAA will not give refunds for a Product comprising CD's, DVD's and any other electronic media unless you are able to demonstrate, to PETAA’s reasonable satisfaction, that the Product was unusable when delivered; and
- no refunds will be given for Products that you or any person not authorised by PETAA has repaired or attempted to repair.
Our liability to you
The only warranties, conditions or other terms that are binding on PETAA are those expressly stated in the Contract. To the extent permitted by law, any term concerning the Products or any service that we provide to you which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded from the Contract.
If a Product does not comply with an applicable Consumer Guarantee, you have rights and remedies under the Australian Consumer Law. Without limiting those rights and remedies, nothing in the Contract excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee.
Subject to the previous paragraph:
- PETAA will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
- PETAA’s maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise will in mot exceed the amount payable by you to PETAA in respect of the Product or Products for which the liability arises.
Without limiting the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee, PETAA will not be liable for any loss or damage suffered or incurred by you arising from any delay by PETAA in fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the Contract, if the delay or failure is caused by anything beyond PETAA’s reasonable control.
The terms of the Contract replace all previous representations, arrangements, understandings and agreements between you and PETAA relating to its subject matter and contain the entire agreement between you and PETAA relating to that subject matter. The Contract is governed by the laws of Victoria and you and PETAA each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.
Consumer Guarantee means a consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law.
Contract means the agreement between PETAA and you that is formed when PETAA accepts an Order.
Order means an order that you place in accordance with these terms.
Product means a product listed on the PETAA Online Store that PETAA agrees to supply to you in accordance with these terms.