Welcome to The Coffee Table Book www.thecoffeetablebook.com.au (the ‘Website‘). The Website is operated by The Coffee Table Book and access to and use of the Website, or any of its associated Products or Services, is provided by The Coffee Table Book. Please read these terms and conditions (the ‘Terms‘) carefully.
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. The Coffee Table Book reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
These Terms govern the supply by The Coffee Table Book of any Product or Service ordered by you on the Website. By agreeing to order a Product or Service, you agree to be legally bound by these Terms.
2. USING OUR WEBSITE
You warrant that any information you provide to The Coffee Table Book in the course of completing an order for Products and Services will always be accurate, correct and up to date.
These Terms shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
No other terms or changes to the Terms shall be binding unless agreed in writing and signed by us.
3. PLACING AN ORDER
To place an order with us through our Website you must be of legal age to form a binding contract (in Australia that is over eighteen (18) years of age) and possess a valid bank account or credit card issued by a bank acceptable to us.
When making an Order, you must follow the instructions on the Website as to how to make your Order before you submit it to us through the Website.
Irrespective of any previous price you have seen or heard, once you select a Product or Service that you wish to Order, you will be charged according to the current prices listed on the website. All prices on the Website are in Australian dollars.
You must pay a deposit for the Product or Service at the time of ordering by electronic funds transfer or using the online form to submit your credit card payment using the Stripe payment gateway, which we require in order to process your Order. The balance of your Order and any additional charges for additional Products and Services are due upon artwork approval.
In any event we shall not be bound to supply before we have received cleared funds in full.
If you are asked for details of a credit card, you must be fully entitled to use that card and its corresponding bank account. The card or account must have sufficient funds to cover the proposed payment to us.
You undertake and warrant that all details you provide to us for the purpose of purchasing the Product or Service from us will be correct, that the credit card or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product or Service. We reserve the right to obtain validation of your payment details before providing you with the Product or Service.
When you submit an Order to the Website, you agree that you do so subject to these Terms current at the date you submit your Order. You are responsible for reviewing the latest Terms each time you submit your Order.
Your Order remains valid until we issue our Tax Invoice or, if earlier, when we receive your notice revoking your Order.
We shall not be obliged to supply the Product or Service to you until we have accepted your Order. Unless expressly stating that we accept your order, an email or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product or Service you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product or Service (in which case we may require you to re-submit your Order first).
A Contract shall be formed and we shall be legally bound to supply the Product or Service to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit card company to us for the order of the Product.
If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
A Contract will relate only to those Products or Services whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products or Services which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products or Services.
You must only submit to us on the Website information which is accurate and not misleading and you must keep it up to date and inform us of changes.
We reserve the right to retain copies of your Order and Product for the purposes of The Coffee Table Book marketing including, but not limited to, general marketing and promotional use throughout our website and social media channels, showing at fairs or expos, or any other online or print advertising. Your placing of an Order is implicit approval of these terms.
In accordance with the Australian Copyright Council and Australian copyright legislation, commissioned photographs taken on or after 30 July 1998 for private or domestic purposes such as a wedding or family portraits, the owner of the copyright is the client (not the photographer) unless agreed otherwise by way of a written agreement or contract where by the client reassigns copyright to the photographer.
By placing an order through our Website as a retail customer, you are explicitly confirming your status as the copyright owner. Because The Coffee Table Book does not own any copyright in supplied photographs, we design using the photographs as they are supplied by you or your photographer. To this end, dissatisfaction with any aspect of photographs themselves is to be expressed to the photographer, and not The Coffee Table Book.
In the case where you have agreed in writing for the photographer to retain copyright, it is your duty to warrant to the photographer that the Product created by The Coffee Table Book will be for private or domestic purposes only. Furthermore, you must advise us of this fact, particularly in circumstances where we have requested to display your Product publicly, such as our website, social media, fairs and expos.
We aim to deliver the Product or Services to you at the place specified as the delivery address as requested by you in your Order.
We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date when you submit your Order. Our standard policy is to deliver your product within 4 weeks from the date you approve the artwork but we cannot guarantee any definite delivery dates.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product or Services, you may be required to sign for delivery, unless you grant us ‘authority to leave’. You agree to inspect the Product or Services for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product or Services in case of future discussions with us about it.
You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers and AusPost permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
We deliver Products in our standard wrapped and boxed packaging. Any special packaging requested by you is subject to additional charges.
Unless otherwise specified, all risk in the Product or Service shall pass to you upon delivery or upon signing of separate terms and conditions, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product or Service.
You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
If you are not available to take delivery or collection, our couriers and AusPost may leave a card giving you instructions on either re-delivery or collection from the carrier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- Charge you a re-delivery fee and any other costs reasonably incurred by us; or
- No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract without refund due to us fulfilling our end of Contract.
It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements.
5. CANCELLATION BY US
We may cancel a Contract if the Product or Service is not available for any reason. We will notify you if this is the case and return any payment that you have made.
We will usually refund any money received from you using the same method originally used by you to pay for the Product.
6. CANCELLATION BY YOU
Once an Order is placed, you have a 3 days cooling off period in which you can cancel your order. After the 3 days cooling off period, the order cannot be cancelled as work has already commenced. If you still wish to cancel, a cancellation fee will apply. If you wish to cancel your order please contact us at [email protected]
7. FAULTY PRODUCTS
We warrant that:
- The Product will be delivered undamaged in the quantities ordered; and
- The Product will conform with the specifications published on the Website and in accordance with the materials chosen by you as detailed in the Order.
The Product is intended to be used strictly in accordance with what is published on the Website and the care instructions provided with the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions. Importantly, those instructions and information state that our products are printed on uncoated paper stocks and as such, any spilling of liquid or touching pages with hands exposed to oils or moisturisers will cause ink to run or smudge.
We have a very strict quality control to ensure Products are delivered in excellent condition. However, if you tell us that the Product is faulty, you agree to take photos of the damaged Product and email the photos to us, and also send the Product in its current condition back to us to inspect within 7 days.
In order to provide you with any solutions to rectify faulty Product, we may need your assistance in providing information regarding the Product, including specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective.
If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in an accident or damage caused by any party other than us to attempt at repair the Product; or
- been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
- deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. LIMITATION OF LIABILITY
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- The performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Website (or any part of it); or
- Otherwise in relation to these Terms or the entering into or performance of these Terms.
Nothing in these Terms shall exclude or limit:
our Liability for
- Death or personal injury caused by our Breach of Duty;
- Any breach of the obligations implied by law; or
- Any other Liability which cannot be excluded or limited by applicable law; or
- Death or personal injury caused by our Breach of Duty;
- Your statutory rights as a consumer.
In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
- We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and
- We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
We shall have no Liability for:
- Loss of revenue;
- Loss of actual or anticipated profits;
- Loss of contracts;
- Loss of the use of money;
- Loss of anticipated savings;
- Loss of business;
- Loss of operation time;
- Loss of opportunity;
- Loss of goodwill;
- Loss of reputation;
- Loss of, damage to or corruption of data; or
- Any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, all clauses apply whether such losses are direct, indirect, consequential or otherwise.
- Our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of
- $100; or
- 110% of the value of the relevant Contract under which the cause of action arises; and
- $100; or
- Our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of:
- 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
The limitation of Liability has effect in relation both to any Liability expressly provided for under these Terms and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms.
We shall perform our obligations under these Terms with reasonable skills and care.
We place great value on our customer satisfaction. You may contact us at any time using the contact details available on the Website. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within seven (7) business days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
10. FORCE MAJEURE
We shall not be liable to you for any Event of Force Majeure, regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of three (3) business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
11. INTELLECTUAL PROPERTY
The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
We shall keep a record of your Order and these Terms until seven years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms, your Order, the Acknowledgement and the Confirmation of Order.
No failure or delay by us or you in exercising any right under these Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms or a Contract.
If any clause in these Terms or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or a Contract or all or any of your rights or obligations under these Terms or a Contract.
Nothing in these Terms or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms or that Contract its assent to any such term.
These Terms and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of New South Wales. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
In these Terms, the following words shall have the corresponding meaning:
“Acknowledgement” means our acknowledgement of your Order by email.
“Breach of Duty” means the breach of any:
- Obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
- Common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
“Business Day” means a day which is neither:
- a Saturday or Sunday; nor
- a public holiday anywhere in Australia.
“Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause of these Terms.
“Contract” means your Order of a Product or Products or Service in accordance with these Terms which we accept in accordance with clause of these Terms.
“Customer” means an individual who places an Order on the Website.
“Event of Force Majeure” means any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation
“Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms.
“Order” means the order submitted by you to the Website to purchase a Product from us.
“Product” means a product or service sold by us through the Website including but not limited to Wedding Albums and the Love Story Magazine.
“Terms” refers to these Terms and Conditions.
“Website” means The Coffee Table Book thecoffeetablebook.com.au
“we” or “us” means Deb Boots trading as “The Coffee Table Book”
“you” means the Customer who places an Order
In these Terms and Conditions:
- References to “clauses” are to clauses of these Terms and Conditions;
- Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- References to “includes” or “including” or like words or expressions shall mean without limitation.