Terms and Conditions
Please read these terms and conditions before using our website.
Welcome to our website (‘our website’ includes the domains lilydalebooks.com.au).
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Lilydale Books”, “Us”, “Our” and “We” refers to Lilydale Books Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or any person using and accessing our website.
Amendment to the Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Lilydale Books rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to you using our website that you agree and accept that Lilydale Books is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
If you acting on behalf of a school, Company or organisation you represent and warrant to us that you are duly authorised to do so and that you have the power to legally bind the school, Company or organisation.
Upon placing an order or entering into an agreement with us on behalf of another party (such as a school), you represent and warrant that doing so has been duly authorised by that other party and that the agreement is valid and legally binding on that other party and enforceable in accordance with these terms.
Lilydale Books cares greatly about the satisfaction of our customers and makes every effort to ensure that images and descriptions of each product we sell is accurate and up to date. However, Lilydale Books is not responsible for any changes made to a product by any of our suppliers/publishers. Lilydale books will make every effort to ensure that any changes are reflected timely and accordingly in our product descriptions, however there may be slight delays updating the descriptions online. Lilydale books is not responsible if the product does not entirely match the description if there has been a change by the supplier/publisher.
Delivery of Products
Lilydale Books uses Australia Post and on occasions may use other courier companies to deliver physical goods or they are delivered by our staff member.
Deliveries are processed promptly upon receipt of an order. We process orders every business day and if your books are in stock, they will generally leave our warehouse within the following timeframe:
February to October: Allow up to 2 – 5 business days
November to January: Allow up to 15 business days
These dates are to be used as a guideline and Lilydale Books is not liable for any delays in delivery.
There are circumstances where we may not have stock of all items and your order may be delayed or sent in multiple parcels. Once we receive stock of a delayed item it will be sent out as soon as possible (to the address or the student at school, if appropriate).
In some circumstances including, but not limited to, where an item has not yet been published or is out of stock with our suppliers, there may be significant delays in receiving an item. Lilydale Books is not responsible for any loss or damage caused by such delays and does not warrant that any items displayed on our website are available immediately or within any specified period of time. If an item becomes unavailable indefinitely we will provide you with a refund. You may also request a refund due to a delay with an item that has not yet been sent to you and, in these circumstances, any refund will be in our sole discretion.
Orders placed with the same delivery address may be combined into one parcel at our discretion.
Lilydale Books will ensure that goods are prepared with a reasonable amount of packaging to ensure safe delivery. No responsibility will be taken if an item is damaged during transit. Lilydale Books endeavours to provides cardboard packaging and Envirofill pellets that can safely be recycled.
Lilydale Books is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the appropriate courier company directly. Replacement of damaged or lost items is made at the discretion of Lilydale Books.
Claims for damaged or missing items will not be recognized after 7 days of the parcel being received. If you have received a damaged item or you are missing an item, please contact Lilydale Books in writing by emailing firstname.lastname@example.org.
No claims will be recognized after 7 days of receiving your parcel.
Returns and Refunds
Lilydale Books handles returns and processes refunds in accordance with the Australian Consumer Protection legislation and will comply with the requirements of the Australian Consumer Protection legislation where it applies.
In addition to any rights you may have under the Australian Consumer Protection legislation, Lilydale Books will accept returns within 21 days of purchase. Products are to be returned in an un-damaged, as-new condition to qualify for a refund (except where faulty), with a copy of the receipt. We will not refund any postage charges if the items were sent or delivered to you.
Refunds will be processed and payment made by the same method that was used. Refund payments may take up to 10 business days to be received and processed. Refunds are made at the discretion of Lilydale Books.
Links to Third Party Websites
Lilydale Books may from time to time provide on its website, links to other websites and information on those websites for your convenience or to assist accessing digital products. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Lilydale Books and the owners of those websites. Lilydale Books takes no responsibility for any of the content found on the linked websites.
Lilydale Books’ website may contain information provided by third parties for which Lilydale Books accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
To the fullest extent permitted by law, Lilydale Books absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any purpose. Lilydale Books gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. This may include (but not limited to): product images, product descriptions and due dates.
It is your sole responsibility and not the responsibility of Lilydale Books to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Lilydale Books is committed to maintaining our clients’ privacy and security. We are committed to best practice procedures in the way our client’s personal information is stored and handled. Lilydale Books collects and retains personal information sufficient to enable us to provide you with quality goods and services, fulfil our legal obligations, conduct marketing, maintain your contact details or as otherwise authorised by you.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Lilydale Books secure server are encrypted to ensure the security of all customer information. All the customer data Lilydale Books collects is secured against unauthorized use or access. Credit card information is not stored by us.
Lilydale Books does not and will not sell or deal in personal or customer information. Lilydale Books will only disclose your information to third parties service providers (i.e. payment gateways, courier, software developers, schools etc.) to provide you with goods or services you have purchased and to meet the needs of the customer.
Disclosing your Information
Lilydale Books may be required, in certain circumstances, to disclose information in good faith and where Lilydale Books is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Lilydale Books, its customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users, school users or domestic users, then you are a competitor of Lilydale Books. Lilydale Books expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Lilydale Books will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Lilydale Books reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright, Trademark and Restrictions of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. You are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Lilydale Books expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to act against you if you breach any of these terms.
These terms and conditions represent the whole agreement between you and Lilydale Books concerning your use and access to Lilydale Books’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Lilydale Books that results in litigation then you must submit to the jurisdiction of the courts of Victoria.