Terms and Conditions
Please read these terms and conditions before using our website.
This website (‘our website’ includes the domains lilydalebooks.com.au and educationalebooks.com.au) is owned and operated by Lilydale Books Pty Ltd (ABN 30 160 957 004).
If you continue to access and/or use this website you understand and agree to be bound by these terms and conditions. If you do not agree to be bound or comply with the terms and conditions please do not access or use this website.
These terms and conditions are to be read in conjunction with our Privacy Policy.
For the purposes of these terms and conditions, “Lilydale Books”, "Educational Ebooks", “Us”, “Our” and “We” refers to Lilydale Books and “You” and “Your” refers to you, the client, visitor, website user or any person using and accessing our website.
Amendment to the Terms and Conditions
We reserve the right to change, modify, add or remove portions of these terms and conditions at any time. Please check our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes where possible.
Limitation of Liability
It is an essential precondition 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.
Authority
If you are 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 and conditions.
Product Description
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 or publishers. Lilydale Books will make every effort to ensure that any changes are reflected in a timely manner and updated accordingly in our product descriptions, however there may be slight delays updating the descriptions online which may result in receiving products that are different from that pictured or described. This will only apply to stationery products, not textbooks or digital products. Lilydale Books is not responsible if the product does not entirely match the description if there has been a change by the supplier or publisher.
Product Substitution
If an item is unavailable at time of packing, the product may be substituted with a similar product of the same or greater value. This will only apply to stationery items.
Delivery of Products
Lilydale Books uses Australia Post and on occasions may use other courier companies to deliver physical goods.
Deliveries are processed promptly upon receipt of an order. We process orders every business day and if the products are in stock, they will generally leave our warehouse within the following time frame:
February to October: Allow up to 1 – 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 at our sole discretion.
Lilydale Books will ensure that goods are prepared with a reasonable amount of packaging to ensure safe delivery. We provide cardboard packaging and Envirofill pellets that can safely be recycled.
Lilydale Books sends all parcels with the Signature Required service. We do not permit Australia Post to leave parcels unattended for security purposes. We do not want your parcel to be delivered to the incorrect person, misplaced or stolen.
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.
Lilydale Books is not responsible if a customer has entered an incorrect or incomplete address at time of placing their order. Delivery fees will apply if the parcel is returned to Lilydale Books.
Claims
Claims for damaged or missing items will not be recognised 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 info@lilydalebooks.com.au.
No claims will be recognised 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. Refunds may incur an administration and restocking fee. 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 in 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.
Disclaimer
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 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.
Privacy
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 to enable us to provide you with goods and services, fulfil our legal obligations, conduct marketing, maintain your contact details or as otherwise authorised by you.
For more information please read our Privacy Policy.
You may change your details at any time by advising us via email. All information we receive from our customers, is protected by our secure servers. Lilydale Books secure servers are encrypted to ensure the security of all customer information. All the customer data Lilydale Books collects is secured against unauthorised use or access. Credit card information is not stored by us.
Third Parties
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, couriers, publishers, schools, software providers etc.) to provide you with goods or services you have purchased and to meet the needs of the customer.
For more information please read our Privacy Policy.
Prohibited Uses
Users are not permitted to access the Website or access any content via the Website in any other way except that which is expressly outlined in these Terms. Users may not do any of the following:
• Recreate or alter any eBooks available from Educational Ebooks from their original form
• Provide log in details to any other party who is not the User
• Adhere to the restrictions placed on all eBooks accessible in the User’s account
• The User will not copy or attempt to reproduce any of the material in any way without written consent from the publisher for eBooks they access
• The User may not attempt to resell any eBook
• Not attempt to alter, reverse engineer or disassemble the eBook in any way
• Users will not attempt to store, distribute eBooks or exploit the DRM (Digital Rights Management) for any eBooks they access
• Users will be required to access the content in the most up to date version of the App or supported web browser
• Ebooks are not transferable to other Users and eBooks cannot be activated again.
Disclosing your Information
Lilydale Books may be required, in certain circumstances, to disclose information and will only do so in the following circumstances: by law; 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 other type of user, 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.
Entire Agreement
These terms and conditions represent the whole agreement between you and Lilydale Books concerning your use and access to the 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.
Location
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.
