TERMS OF SALE as of June 2, 2014
These Terms of Sale (“Terms”) relate to products sold by For Pity Sake Publishing Pty Ltd (“FPS”) from this website, which relates to Peter Yeldham (the “Website”).
Please read these Terms carefully and make sure you understand them before ordering products (“Products”) through the Website. You should retain a copy of these Terms for future reference, but note that Peter Yeldham and/or FPS (together, referred to as “we” or “us”) may amend these Terms from time to time, so every time you order Products, please check the Terms.
Note: Purchases through other websites
In some sections of the Website, there are links to retailers who have items such as books, videos, music and so on for sale. If you purchase something from any one of these sites, your purchase (and any terms and conditions that apply) will be between you and that merchant. We will not in any way be held responsible for any aspect of any transaction that occurs through such websites.
If you are uncertain about those terms and conditions when purchasing from such sites, you should check that merchant’s “Terms and Conditions” (which can usually be found at the bottom of their home page and which you are likely to be alerted to before you complete a purchase). If you are still unsure, we suggest you contact that merchant.
I confirm that the items in my shopping cart are the Products I want (including the correct format, edition and quantity) and I request FPS to source these items on my behalf. I understand, except as provided in these Terms or required by law, I may not cancel this order, given that FPS is purchasing Products from third party suppliers, often with no option to return them. I verify that these items are being purchased for personal or business use only and are not being purchased for commercial resale.
I also confirm that I am legally entitled to purchase the Product(s) and that, if I am not (for example, because age restrictions apply), then neither Peter Yeldham nor FPS have authorised me to order the Product.
I further confirm that I will not, by way of trade, rent out or resell any Product, or offer any Product for rent or commercial resale.
PLEASE NOTE: FPS’s primary means of communication with you will be via the email address you have provided, FPS will not be held responsible for any missed communication due to the email address being incorrect. If you have more than one email address, please check all email accounts before contacting FPS.
Changes to orders; FPS credits
FPS is not required to offer a credit or refund if you simply change your mind, or if you find the product elsewhere.
However, as a customer service, we are happy for you to cancel your order for a print version of an item (not a digital version) and receive a full refund provided you let us know within one (1) business day of placing your order. To cancel an order, you must call FPS Customer Service on +61 (0)478 099 076 between 9.00am-4.00pm Monday-Friday AEST.
Also, as a customer service, if you decide you no longer wish to receive an item on your order, you can elect to cancel the applicable item within one (1) business day of ordering and elect to have the amount of that purchase credited to you. The credit will be valid for twelve months and only applicable for future purchases with FPS. You must either email or call FPS on +61 (0)478 099 076 between 9.00am-4.00pm Monday-Friday AEST requesting a cancellation for a credit to be issued. This does not apply to eBooks or to audio or audio visual Products, orders for which cannot be cancelled.
Also, you may add additional items to an order provided you do so within one (1) business day of the original order being placed. We are, however, unable to combine multiple orders once payment for the first order is processed.
All prices are listed in Australian dollars and are inclusive of GST.
All orders are subject to price and availability.
We take all reasonable care to ensure the prices of Products are correctly displayed, but it is always possible that, despite our best efforts, some Products may be incorrectly priced or may not be available from our suppliers at that price.
We will normally check prices as part of our despatch procedures so that:
- where the Product’s correct price is less than the price stated on the Website, we will charge you the lower amount; and
- where the Product’s correct price on the Website is only marginally more than the price stated on the Website, FPS will absorb the additional amount and only charge you the advertised price.
If the correct price is significantly more than advertised on the Website, we will not proceed until we have consulted with you via the email address you have submitted and outline your options. You will not be charged for that item until you confirm that you want FPS to proceed with the purchase at the correct price. You have 48 hours to respond to the options given to you. If you fail to respond within that time frame, the order will be treated as cancelled, you will be notified, and if you still wish to purchase the Product, you will need to place a new order through the Website. If there are other Products on the order that are readily available then we will continue with processing the order for those items.
FPS is not obliged to sell a Product at the listed price if we are not able to source it from our supplier at the time of ordering as prices may have changed in the interim. In all instances you will be contacted via email if there is a change of price and FPS will endeavour to find an alternative which is acceptable to you and us.
We reserve the right to correct any printing errors.
Unless stated to the contrary, any special deals or offers will only be valid for as long as they are displayed on the Website.
FPS returns policy
Except to the extent required by law or otherwise provided for in these Terms, audio and audio-visual items are sold on a no-returns basis.
As FPS sources some Products from foreign countries, DVD’s from these countries may not play in your DVD player due to regional code variations. It is your responsibility to ensure that you have the necessary equipment to use any Product you order from FPS.
Subject to your rights under the Australian Consumer Law and related State and Territory legislation and to the other terms of these Terms, once we have accepted your order, you may not cancel that order or ask for a refund.
If you believe you are entitled to return a Product or to request a refund, please email us at firstname.lastname@example.org you should do so as soon as possible. You should also:
- keep both the Product and any packaging;
- if possible, supply photo evidence of the damage;
- keep and provide your proof of purchase (for e.g. your receipt or email confirmation of purchase as we may request this information in the process of confirming your purchase and may be required for us to resolve the matter should it entail a third party service such as the delivery service)
If we ask for the book to be returned for inspection this will be done at our expense.
Refunds for Books and other audio/visual materials which are promoted on the Website but are purchased through third party retailers (“Linked Websites”) where you are sent to that retailer’s website by clicking on a link on the Website are managed by the terms, conditions and policies of that retailer. We are not responsible for the refund or warranty for any item purchased via a Linked Website once you have left the Website.
If we have been unable to supply a Product to you that has been on order for 120 days (4 months) and you no longer wish to wait then a refund will be offered only if the Product is not in transit from the supplier. This does not include items that are Pre-Orders. FPS reserves the right to cancel unsent backorders if we think the item will not arrive from the supplier.
Any refund will be made on the credit or debit card you used to pay for your order.
FPS reviews every order prior to processing and will only authorise items that we believe we can source. Some items may not be available and alternatives may be recommended instead. An automated email will be sent asking you to view the status of the Products on your order. You will not be charged for items we cannot source.
All Products displayed are subject to availability.
Images of the Products are for illustrative purposes only. In particular, we cannot guarantee that your computer accurately displays colours, and the Products you order may vary slightly from those images.
eBook versions of material sold by FPS are despatched once your order is processed.
Print on Demand Items
Items that are ordered as Print on Demand (POD) will be placed with the POD publisher automatically once your order has been processed by us. Each item you order may have different delivery expectations depending on the POD publisher’s production scheduling.
NOTE – we rely on information provided by the POD publishers and their delivery fulfilment provider to establish an anticipated delivery time. FPS endeavours to maintain this information as current as possible but relies upon third party publishers and their suppliers to keep FPS up to date. If a POD order is affected, FPS will contact you via email to inform you of the delay and your order will be updated with the relevant information. You will receive an email advising you of the revised delivery time once this has been updated.
Delivery will be complete once we have delivered your order to the address you give us during the ordering process.
- eBooks are delivered through automated processes.
- Print On Demand is dispatched in accordance with the delivery estimates provided by third party POD publishers. These will be provided when the purchaser confirmation is received by FPS.
- Some Products are yet to be published so please pay attention to the publisher’s predicted publication date when ordering and MORE IMPORTANTLY please check if there are other editions that are already published.
We will notify you of anticipated delivery times for each Product with the information we have at the time of processing your order as outlined above. This includes the estimated number of days it may take for Australia Post (for Australian orders) or international mail or courier (for international orders) to deliver your order to you.
Estimated delivery times for purchases sent within Australia:
- 2 to 6 business days for regular mail
- 1 to 2 days for Express Post
Example estimated delivery times for international orders based on FedEx International Economy:
- 5 business days, all locations.
Except as required by law, we will not be responsible for any loss, damage or injury you may directly or indirectly suffer as a result of or in connection with any delay or failure to deliver an order within any indicated time-frames.
Products will be your responsibility once they are delivered to you, but you will only own Products delivered to you once we have received payment in full, including all applicable delivery charges.
If you order Products for international delivery, your order may be subject to import duties and taxes applied when the delivery reaches that destination. We have no control over these charges and cannot predict their amount. You are responsible for payment of any import duties or taxes. You must also comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
How will I know if my order has been dispatched?
eBook orders are dispatched automatically once your order has been processed.
For Print On Demand orders, an automated ‘shipped’ email will be sent once your order has been dispatched.
Insufficient and/or incorrect delivery information
Any changes and/or corrections for current orders must be done by phoning Customer Service on 61 (0) 0478 099 076 9.00am-4.00pm Monday-Friday AEST or by sending a message via email to email@example.com
Customers who enter addresses that Australia Post have deemed incorrect and/or having insufficient details to ensure delivery may result in the following:
- Delayed delivery
- Lost parcel
- Package/s returned to FPS or the POD Publisher.
If FPS is found to be responsible for incorrectly addressing a package then FPS will be responsible for the resending, replacement or refund of the items not delivered or delayed.
Any package returned to FPS due to the above incorrect and/or insufficient information will require an extra delivery charge of $6.50. Also, if FPS has incurred extra fees to retrieve the package from Australia Post then these charges will also be borne by the customer before the package can be despatched again.
If a Product arrives back to FPS or its POD Publisher due to the you having supplied incorrect and/or insufficient delivery information and has incurred damage, FPS or its POD Publisher will not be responsible for replacing the goods but will make every effort to add extra protection to resend the package once the extra delivery fee payments have been made.
If a customer prefers not to have Products returned to FPS or its POD Publisher following “incorrect and/or insufficient address” details, no refund will be provided unless this is required by law.
Any shipment that is delayed or lost and is found to have had incorrect and/or insufficient details provided by the customer will not be covered by FPS. NO REFUNDS are applicable unless required by law.
If the package has the correct delivery information and is ‘lost’ by Australia Post, FPS will replace the items only after you have checked with your local Post Office as per the information in the Help Centre section of the website or, issue a credit if the replacement copies will not arrive in time. If FPS is unable to source a replacement copy due to the Product no longer being available for whatever reason, a refund will be processed for the unavailable Product. You must contact FPS within six (6) weeks of receiving the automated ‘shipping’ email if your package has not arrived otherwise no refund (if applicable) will be available.
Many of our FPS customers inform us that their Australia Post Redirections do not work with packages. FPS will not be responsible for replacing goods or extra costs if a redirection has not been successful. Please contact Customer Service before you move to ensure a current order has the updated details to minimize delays.
Charging of credit cards
A credit card is charged for items once an order has been despatched. Items that are no longer available will be removed from your order and you will not be charged for them.
If any delays are discovered on a particular Product at the time of processing, you will be contacted via email with details of the options available to you. If you agree to a longer delivery time, your credit card will be charged at the time of confirmation.
If FPS is unable to charge a customer’s credit card due to insufficient funds or other errors, then FPS will attempt to contact the customer by email to rectify the issue. If the customer does not contact FPS to resolve the issue then the order will be cancelled. Please note that stock availability and prices may change if the time between placing the order and credit card details being corrected or funds being available is delayed.
Orders with multiple items
Customers with more than one item may be sent their items in multiple shipments.
FPS does not hold Print On Demand inventory. Once POD orders have been confirmed FPS informs its POD Publisher who will, only then, schedule production and dispatch.
Customers shipping to addresses in Australia pay a one off fee of $6.50 for as many shipments required per order. If you require items to be sent before the 6 business day time frame, an additional postage charge of $6.50 will apply. You can request items to be sent sooner, or by Express Post (with relevant charges per shipment) by contacting FPS on +61 (0)0478 099076 between 9.00am-4.00pm Monday-Friday AEST.
For Print On Demand, FPS will dispatch to overseas destinations using the designated distribution service as selected by the printer. Prior to dispatch you will receive a request for confirmation showing the delivery cost to you. By confirming the delivery you are acknowledging the cost attached to sending the item and this will automatically be added to the value of your purchase. Only after you have confirmed acceptance of the delivery cost is your order then processed for action.
Completion of an order & outstanding items
An order will be complete when any of the following occur:
- all Products ordered are despatched with the address details you supplied;
- the order has been cancelled as permitted by law or under these Terms;
- FPS could not charge the credit card and we cancel the unprocessed order;
- Products that are yet to be despatched are no longer in print or available through FPS’s suppliers;
- more than 120 days have passed since monies have been received on an order and FPS was unable to source the Product(s). If so then the customer will receive a refund for the amount of the cancelled item, unless the customer wishes to wait longer for the Product(s) to become available. The ONLY exception applies to items Pre-Orders where the 120 days commences from the publication date.
Limitation of Liability
To the maximum extent permitted by law and save for the express written terms in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Products or arising from these Terms are expressly excluded.
If any of the exclusions or limitations set out in this clause 4 are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Products or the supply of equivalent Products.
In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of this agreement.
To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the last 3 months.
Buying on behalf of an organisation
You confirm that you have authority to bind any business or other organisation on whose behalf you purchase Products.
Events outside of our control
To the maximum extent permitted by law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war – whether declared or not – or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).
If an event covered by this clause takes place that affects the performance of our obligations to you:
- we will contact you as soon as reasonably possible;
- our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event; and
- (where the event affects our delivery of Products to you) we will arrange for delivery after the event is over.
We use reasonable endeavours to ensure that the Website and any transactions conducted on them are secure. However, you acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free, and that (to the maximum extent permitted by law) we will not be liable for any damage suffered due to failure, delay, interception or manipulation of electronic communications by any third party on any computer program (including those used to transmit viruses).
Other important terms
We may transfer our rights and obligations to you to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Each of the paragraphs of these Terms operates separately. If any are found to be unlawful or unenforceable, those paragraphs will be severed and the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by the law in force in New South Wales, and any dispute or claim arising out of or in connection with them or a Product will be governed by New South Wales law and the courts of New South Wales will have jurisdiction over any such dispute or claim.