PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website (‘our website’ includes the domains lamontbooks.com.au, lamontbooks.com and lamontbooks.net.au).
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Lamont”, “Us”, “Our” and “We” refers to Lamont Books Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF 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 Lamont’s 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 Lamont 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.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Lamont’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF PHYSICAL GOODS
Lamont uses Australia Post and/or other reputable courier companies to deliver physical goods or they are delivered by our staff.
Deliveries are processed promptly upon receipt of full payment. Where all your items are in stock, we endeavour to ship your order within 5 business days.
There are circumstances where we may not have stock of all of your 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.
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. Lamont 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 sole discretion.
Lamont 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 courier company directly. Replacement of damaged or lost items is made at the discretion of Lamont.
Where you claim that an item that was on your invoice was not included in your parcel, such claims will only be considered if made within 14 days of your receipt of the parcel.
RETURNS AND REFUNDS
Lamont 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, Lamont will accept returns within 14 days of purchase provided that you have a receipt and that the goods are in the condition in which they were sold to you. We may, at our sole and absolute discretion, extend this 14 day period. We will not refund any postage charges if the items were sent or delivered to you. This policy only applies to student orders for items that are contained on the booklists of our official schools.
Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of Lamont.
LINKS TO OTHER WEBSITES
Lamont may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between lamontbooks.com.au and the owners of those websites. Lamont takes no responsibility for any of the content found on the linked websites.
Lamont’s website may contain information provided by third parties for which Lamont accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Lamont absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Lamont 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, at all times 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.
It is your sole responsibility and not the responsibility of Lamont 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.
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. Lamont’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Lamont collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
DISCLOSE YOUR INFORMATION
Lamont may be required, in certain circumstances, to disclose information in good faith and where Lamont 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 Lamont, 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 Lamont. Lamont 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 Lamont 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. Lamont 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. In particular 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.
Lamont expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material; and, in relation to Teacher Notes, as outlined in the Teacher Notes section below.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Teachers and schools may download and reproduce our ‘Teacher Notes’ for educational purposes only.
The Teacher Notes may not be reproduced in an environment other than a school and may not be used for commercial or other purposes without prior written permission.
Some of these notes are based upon notes provided by the publishers of these books. Where this is the case, we have acknowledged the source of the original notes and reproduced or altered them with permission. These notes may also be used for educational purposes only and the restrictions outlined above in relation to reproduction apply.
These terms and conditions represent the whole agreement between you and Lamont concerning your use and access to Lamont’s 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.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Lamont that results in litigation then you must submit to the jurisdiction of the courts of Victoria.