Terms and Conditions

Last Updated: April 2014

By purchasing products from Garratt Publishing Pty Ltd ("Garratt Publishing", "we", "us", "our") or using this website, the purchaser ("the Customer", "you", "your"), agrees to the following terms and conditions of sale (the "Terms")

Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.

Software Warranty: All software or other electronic or digital products (including DVDs) sold by Garratt Publishing are subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that Garratt Publishing does not warrant any software or other electronic or digital products under these Terms and Conditions. All software and other electronic or digital products are warranted in accordance with the license agreement that governs its use.

Limitation of Liability: The Customer shall indemnify Garratt Publishing against any loss of or damage to property, or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. Garratt Publishing shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of, or in connection with the purchase, use or performance of products or services from Garratt Publishing, even if Garratt Publishing has been advised of their possibility. In no case shall Garratt Publishing's maximum liability exceed the cost of the relevant original order.

Refunds: Garratt Publishing will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.

eBooks & eBook Refunds: Following confirmation of an eBook purchase, you will receive, almost instantly, a link to download your Ebook.  As a result, no refunds or cooling off periods are available.

Returns on defective, incorrect or damaged goods:Any product/s found to be defective, incorrect or damaged, must be reported to Garratt Publishing within 7 days of receiving the product and returned to us within 30 days of the date of invoice.  Customers can contact us by email (sales@garrattpublishing.com.au) or phone us on 1300 650 878 and provide us the invoice number of your order. We will make arrangements to replace the unsuitable item/s. You will be advised of the date you can expect the replacement item/s.  You will not be charged for return of defective, incorrect or damaged products.

Returns on products that do not meet the needs or expectations of customers: Garratt Publishing takes great care in providing accurate and detailed information about our products so that our customers can make informed product selections.  We provide product descriptions, images and wherever we can, we provide additional information such as videos, sample chapters and testimonials. If you select a product that, when you receive it, is vastly different to what you expected, we are happy to discuss this with you. Please ensure that you contact us within 7 days of receiving the product. We will consider each situation on its specific merits and will either find a more suitable product for you or arrange a refund of the purchase price. To receive a refund the item/s must be returned to us within 30 days of the date of your invoice.  You will be required to pay the costs for return of item/s.

Audio and Visual Items, including DVDs:  There is generally no return and no refund policy for all audio and visual items.  However, in some instances CD’s, DVD’s or other media may be returned for refund if unopened.  This does affect your rights if the visual or audio item is faulty or damaged. Garratt Publishing makes best endeavours to list the format of each audio or visual item for sale on its website. However, as Garratt Publishing sources some titles from foreign countries, DVD’s from these regions may not play in your DVD player due to regional code differences.  Customers should take care when purchasing DVD items and ensure their DVD player is capable of playing ‘region free’ disks.

Product Returns: In line with the terms and conditions regarding returns noted throughout this document, all returned products are to be mailed to:
Garratt Publishing
Attention: Returns Department
Private Bag 400
Mulgrave Victoria 3170

Importantly, products should not be returned without contacting us at sales@garrattpublishing.com.au or on 1300 650 878. Full refunds and replacement products will only be provided if discussed and agreed by a member of our team before the item/s being returned.

Administrative and handling charges may apply to any product/s returned without prior approval and which fall outside of our Returns Policy.

Addressing: If a product is found to be misaddressed by Garratt Publishing then Garratt Publishing shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Garratt Publishing will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.

Incorrect Bank Account Number: Garratt Publishing gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Garratt Publishing, then Garratt Publishing will not accept any responsibility for correcting payment and goods will not be dispatched by Garratt Publishing until Garratt Publishing has received payment in full.

Prices: All prices are displayed in Australian dollars.

Charging of Credit Cards: Due to the nature of Garratt Publishing’s range of products, the charging of Credit Cards operates in differing ways.  In general:

·         Pre-orders, eBooks and Gift Certificates are charged immediately during the online purchasing process.
·         Products that are in stock that are charged immediately during the online purchasing process.
·         Products that are flagged as limited stock may not be immediately charged to a Credit Card during the online purchasing process.
·         Products that are flagged as out of stock may not be immediately charged to a Credit Card during the online purchase.
·         Orders which have a mix of Pre-orders, eBooks, Gift Certificates, products in and out of, or indeed limited stock may have only certain amounts charged to a Credit Card.

In case where charges are not immediately made to a Credit Card during the online purchasing process, Garratt Publishing will make its best endeavours to advise the Customer (generally by email) the status of their order and the status of their Credit Card charges.

Payment and Title: Garratt Publishing's available payment methods will be presented at the time of purchase. Garratt Publishing retains title in the products purchased until Garratt Publishing receives payment in full.

Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

Security: Garratt Publishing uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Garratt Publishing will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

Special Offers: Special deals and offers on this site are only valid for as long as they are displayed, unless expressly stated otherwise.

Mailing Cash: Garratt Publishing does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Garratt Publishing accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.

Cancelling Orders: Garratt Publishing reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Garratt Publishing believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity, or where an error has occurred, including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).

GST: For Australian delivery addresses, all prices are Australian GST inclusive unless otherwise stated. If your order ships to a delivery address outside Australia, no GST will be charged.

Customs & Duties: For any orders shipped outside of Australia the customer is the importer of record and will be responsible for all customs import duties and sales tax charges (if applicable). These charges vary in each country and are outside the control of Garratt Publishing. Contact your local customs office for more information on what import duties or sales taxes may be imposed.

Site Access: Garratt Publishing hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Garratt Publishing, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools, and attempts to probe, scan or test or breach security and authentication measures.

Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of Garratt Publishing Limited or its Licensors as defined by Australian and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

Stock Availability: In order to provide the greatest range of products, you understand that Garratt Publishing does not stock all products listed on this site in a single warehouse. All items sold via the Garratt Publishing website are subject to availability and our best endeavours and Garratt Publishing reserves the right not to accept or cancel any order for products that are out of stock. Product availability information is provided from our inventory system as well as by a number of third party suppliers. Garratt Publishing works with these third parties to ensure this information is as accurate as possible, however some errors and omissions may occur from time to time. Goods delivered may differ to the product images presented on this site.

Gift Certificate Expiry: Gift certificates are valid for one year (12 months) from the time they are issued, after which the certificate will expire. Any credit remaining after the expiry of the gift certificate is non-refundable. Gift certificates are not redeemable for cash.

Delivery Estimates: Garratt Publishing makes every practical effort to ensure that delivery timeframes given are accurate. However the delivery times may be subject to issues outside of Garratt Publishing’s control.  For instance, a third party supplier may have inadequate stock to fulfil an order; re-order points may have been met on a given item that forcing a reprint; Australia Post or courier delivery times may vary from that advised to Garratt Publishing, and the like. By placing an order, you agree not to hold Garratt Publishing 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.

Communications: By creating an account with Garratt Publishing you consent to receiving electronic and printed communications from Garratt Publishing. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy.

Notice of Copyright Infringement: Garratt Publishing respects the copyrights of others. If you feel that data is used in Garratt Publishing’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at:
Private Bag 400
Mulgrave Victoria 3170
Australia

Please include the following details:

·         Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
·         A statement that the complaining party believes that infringement of the complaining party's copyright has occurred and the reasons for such belief;
·         A statement that you are the copyright holder or authorised to act on their behalf; and
·         Contact details including an email address where the complaining party may be contacted.

Linked Sites: This site may contain links to other websites operated by third parties. Garratt Publishing is not liable for those sites or any content or information such sites contain.

Disclaimer 

The information on this website is provided "as is" and for general information only. Garratt Publishing has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time, and Garratt Publishing does not guarantee that the website will always operate or be error free.

Accordingly, to the maximum extent permitted by law, Garratt Publishing does not accept any liability for the use of, or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.

Seeking Answers to Frequently Asked Questions?

Note: A range of frequently asked questions are provide on our website.  Should you wish to know more, seek a plain language guide to many of our terms and conditions, and in some cases understand why they are applied they way they are, please go here.

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