Webshop Terms of Use

(Last updated: 5 February 2015)

Scope of this document

Heinemann Australia Pty. Ltd.(ACN 159 521 338) ("Heinemann" or "we") has created these terms of use ("Terms of Use") to govern your use of our online store at www.heinemanndutyfree.com.au (the "Webshop”).

These Terms of Use govern all aspects of your use of the Webshop, from anonymous browsing through to the purchase and collection of goods. It is important that you read these Terms of Use carefully.

These Terms of Use also incorporate our Privacy Policy in full, which can be found via the Webshop at Privacy Policy.

Browsing of the Webshop

1) You may browse our Webshop anonymously via the Internet and without providing us with any personal information (an "Unregistered User"). We may, however, require you to provide confirmation that are above 18 years of age before allowing you to view certain products (such as tobacco), however we will not store this information.

2) By accessing and continuing to use the Webshop, you are deemed to confirm:

  • a. your agreement to these Terms of Use
  • b. that you are legally entitled to access and make use of the Webshop in your location
  • c. that you are at least eighteen (18) years of age

3) If you are under eighteen years of age or are otherwise not legally entitled to access and make use of the Webshop (or if you do not agree to these Terms of Use in full), you must immediately exit the Webshop. If you are unable to verify that you are over 18 years of age, you will be unable to collect any purchased goods.

Creation of an account

4) While we allow you to access and browse our Webshop anonymously, in order to make use of the full functionality (including purchasing goods) you will need to create an account with us (at which point, you will become a "Registered User"). Once you have submitted your request to create an account with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create an account with us and we do not need to give reasons for doing so.

5) Both Unregistered Users and Registered Users are referred to collectively in these Terms of Use as “Users”. We may make varying levels of functionality available to different Users (including access to customer reviews and special offers), depending on whether they are Unregistered Users or Registered Users (or specific categories of Registered Users).

6) In order to become a Registered User, you will need to provide us with a range of personal information which at the time of so providing you warrant is true and correct. While you may choose to become a Registered User at any time, you will be prompted to do so if you attempt to purchase goods via the Webshop and you will not be able to do so if you choose to remain an Unregistered User.

7) Because your identity is fundamental to the creation of your account and any transactions between us, it is not practicable for you to either transact with us anonymously or by using false or incomplete information.

8) You should take reasonable steps to keep your account information up to date, as we may provide you with a tailored display of goods and prices based on the information you provide to us. As such information will ultimately be verified (in whole or in part) when you collect your purchased goods, it is important that it is accurate and complete.

9) We will collect, hold, use and disclose all personal information you provide to us when becoming a Registered User in accordance with the “Privacy” section of these Terms of Use below.

Access, availability and accuracy

10) While we will take reasonable steps to ensure the availability of the Webshop and the accuracy of the information displayed there, the Webshop and its contents are necessarily provided on an “as is” and “as available” basis. This means, for example, that you should not leave critical purchases from the Webshop until the last minute, or assume that the information set out there is completely accurate in all respects.

11) In particular, we may (without notice) temporarily suspend or withdraw access to the Webshop, for example where it is necessary to conduct maintenance of the Webshop or where we suspect that you are in breach of these Terms of Use.

12) We do not represent that the Webshop will be error, defect, “bug” or “virus” free, and you should take ordinary and prudent steps to ensure your own online security and safety.

Content

13) The Webshop contains a broad range of content owned by Heinemann, its related bodies corporate, suppliers and partners, some of which is protected by intellectual property laws. You acknowledge and agree that nothing in these Terms of Use grants you any right to or licence of such content, and that you will access the Webshop in accordance with all applicable laws (including intellectual property laws).

14) We may from time to time allow Registered Users to upload or submit certain data, information, content and materials (“User Materials”) to the Webshop (for example product reviews or ratings). We will not systematically review such User Materials and we are not responsible for their content. If you believe that there is a problem with any of the User Materials please notify us immediately.

15) If you choose to submit any User Materials, you must be entitled to do so. In particular, any User Materials must not:

  • a. deceive or be likely to deceive any person
  • b. be used to impersonate any person (including Heinemann or its representatives)
  • c. misrepresent your identity or affiliation with any person
  • d. be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, or racially or ethnically offensive
  • e. encourage conduct that would be considered a criminal offence, could give rise to civil liability, or violate any law
  • f. advertise any product or service or solicit any business

16) You acknowledge and agree that we may edit or delete any of your User Materials, or format it in a particular way. We may also use your User Materials for our business purposes, including promoting, marketing or advertising the Webshop. While we do not claim any ownership rights in any of your User Materials, in order to allow us to do this, by submitting the User Materials you grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, copy and modify the User Materials (in whole or in part). You waive any and all moral rights you may have in respect of the User Materials (as that term is defined in Part IX of the Copyright Act 1968 (Cth)) and consent to any act or omission the doing or not doing of which would infringe such moral rights, in both cases in favour of Heinemann, its licensees and successors in title.

17) You must not, whether as part of the User Materials or otherwise, communicate any computer viruses or other malicious computer code to us or any other User. You must not interfere with the Webshop or any of its associated hardware or software and must adhere to all Webshop security policies and procedures.

18) We may provide links on the Webshop to various third party websites, to improve your user experience (for example, links to our partners and suppliers). Such third party websites are necessarily beyond our control and we make no representation or warranty as to their content. Your use of, and reliance on, any such third party content is solely at your own risk.

19) We will not be liable to you for any loss, liability or damage (whether direct or indirect) arising out of any errors or inaccuracies in the Webshop.

Selection of goods and nature of the “pre-order”

20) The Webshop provides you with the ability to request certain goods from us, combined with a pre-payment of such goods in the event that we are subsequently able to offer you such goods and you are subsequently willing to accept them.

21) As a User, you may select various goods while browsing the Webshop and place them in your online shopping cart. The range of goods available at the Webshop is necessarily more narrow than at our physical stores, so you should select any such goods carefully.

22) When you have finished browsing, you may proceed to the checkout section of the Webshop. If you are a Registered User, but you are not signed in, you will be prompted to login to your account. If you are an Unregistered User, you will be prompted to become a Registered User. In both cases, if you fail to do so you will not be able to proceed to the checkout to complete the proposed transaction.

23) At the time of ordering, you will be required to provide us with your relevant flight details from which we will determine:

  • a. when you are likely to collect your goods (this will be the “Collection Date” of the relevant order)
  • b. where you are likely to collect your goods (this will be the “Collection Point” of the relevant order), and
  • c. your probable allowance quota, including any restrictions on hand luggage

24) While we will use reasonable efforts to ensure that the correct Collection Date and Collection Point are calculated by reference to the travel data you provide us, there may necessarily be mistakes or inaccuracies due to either the information you provide us or the information provided by our third party verifier. We will also use reasonable efforts to correctly calculate your probable allowance quota (for example, the volume of alcohol you are permitted to take to a particular destination), however you must familiarise yourself with such limitations and take sole responsibility for such compliance.

25) You may place such an order with us no earlier than 30 days before the Collection Date and no later than 24 hours before your notified flight details on the Collection Date. You may not purchase goods, in particular restricted goods such as alcohol and tobacco, for anyone other than yourself.

26) Once you have completed your order with us, we will send you an email (an “Acknowledgment of Receipt”) which will set out the goods so ordered, your notified travel data, an order number and the location of the Collection Point where your goods are to be collected on the Collection Date. The Acknowledgement of Receipt is provided solely for information purposes and is neither a contractual offer from us to you nor an acceptance of your offer to us. It is instead an acknowledgement by us that we have received your request for us to submit an offer to you at the Collection Point on the Collection Date, with such request being accompanied by pre-payment. You may only accept that offer and take ownership of the purchased goods (if at all) when you collect the purchased goods from us.

27) We will use reasonable efforts to confirm the availability of your requested goods. If, by the intended time of collection, we are unable to fulfil the request set out in your Acknowledgement of Receipt (in whole or in part) we will refund your credit card in whole or in part, at your request.

28) Any offer we make to you is made at the Collection Point on the Collection Date. It is accepted by you only if you collect the goods in accordance with the “Collection” section below. Regardless of where you were physically located at the time you placed your order, any contract of sale between us will be formed in Australia and governed by Australian law as set out in the “General” section below.

Payment and changes to prices

29) The price set out on your Acknowledgement of Receipt is calculated by reference to the information you provided to us, including when you became a Registered User. If this information is incorrect or incomplete, or if you are unable to verify such information at the Collection Point, the price set out on your Acknowledgement of Receipt may be incorrect. If you wish to collect such goods, you will be required to pay any relevant adjustment to the price at the Collection Point.

30) All prices set out at the Webshop are in Australian dollars and are necessarily exclusive of GST.

31) Payment for goods may be made by credit card only, namely MasterCard, Visa and Amex. All payments are handled securely by a third party payment service provided in accordance with that party’s relevant terms and conditions and any applicable policies and procedures. As we do not collect and store your credit card details, we are unable to automatically process any refunds you may be entitled to, for example if you fail to collect your pre-paid goods on the Collection Date.

32) Because the Acknowledgement of Receipt is not a binding contract of sale between us, we will not hold you to the price stated if the items are subsequently cheaper at the Collection Point on the Collection Date. If the price of the goods ordered is lower at the Collection Point on the Collection Date than stated on the Acknowledgement of Receipt, the lower price will apply on request and we will refund the difference to the credit card you used when making pre-payment.

33) Please ensure that you bring the credit card you used for your order to the Collection Point on the Collection Date. If you fail to do so, you may be unable to collect your goods.

Changes or cancellation

34) Because the Acknowledgement of Receipt is not contractually binding between us, you may easily change your mind at any time prior to accepting your goods at the Collection Point on the Collection Date.

35) If you wish to cancel your order in full, this may be done only by contacting us by telephone via the contact details below. We will refund your credit card with the entire amount on such request.

36) The Webshop is a special kind of online store, in that we do not deliver your purchased goods, but instead require you to collect them at the pre-designated Collection Points. Other than in exceptional circumstances, you may not collect your goods at any other location.

Collection

37) The Webshop is a special kind of online store, in that we don’t deliver your purchased goods, but instead require you to collect them at one or more of our Collection Points. Other than in exceptional circumstances, you may not collect your goods at any other location.

38) Your collection options will depend on when and where you placed your request with us, however as noted in clause 28) any contract of sale will necessarily be concluded within Australia and governed by Australian law. Depending on your flight choices you may have as many as three options, namely:

  • a. place your order before departure for collection at a Departure terminal Collection Point
  • b. place your order before departure for collection at an Arrival terminal Collection Point, or
  • c. place your order before arrival for collection at an Arrival terminal Collection Point

39) When visiting one of our Collection Points, you will be required to verify various matters you have told us, such as your identity, age, flight details and concessions entitlement. As such, you should take care to remember to bring your Acknowledgement of Receipt, identification (such as passport or Aircrew ID), boarding pass and relevant credit card to the Collection Point. Staff ID must also be presented for proof of entitlement to any discounts or special pricing.

40) Such verification is also required because such goods are duty free and, in some cases, age or quantity restricted. As noted in clause 29) above, if you are unable to verify information provided to us which resulted in you receiving concessionary pricing, you will be required to pay the difference up to the ordinary amount in order to receive your goods. If you are unable to verify that you are above 18 years of age, then we will cancel your order and refund your credit card with the entire amount. Any personal information collected in connection with this process will be dealt with in accordance with our Privacy Policy. We will also need to view your passport at the time of collection, which we will use to confirm the information you have previously provided to us. We may update your registered account details at this time, for example if you have provided us with an incorrect date of birth when becoming a Registered User. We may also scan your passport and boarding pass for the purposes of reporting to Sydney Airport Corporation Limited, however such any such information will be anonymous and aggregated in nature only.

41) If you attend the Collection Point prior to the Collection Date (or you attend the wrong Collection Point) we will use reasonable endeavours to meet your order where it is practicable for us to do so. If we are unable to meet your order, in whole or in part, we will refund the relevant amount to your credit card.

No-show

42) If you do not collect your goods on the Collection Date, it will remain at the Collection Point for a maximum of 90 days after the agreed Collection Date.

43) If you have not picked up your goods within those 90 days after the Collection Date, they will be removed from the Collection Point and returned to our general storage and display as ordinary stock.

44) If you are unable to collect your goods, you must contact our Customer Service Centre to request a full refund. As we do not store your credit card details when you place an order with us, we are unable to process your refund if you do not contact our Customer Service Centre. We will process a refund to your credit card within 30 days after contacted us.

45) If you have not contacted us within one year of the Collection Date, we will send you a final email advising you to contact us. We will also attempt to reach you via the telephone contact details you provided when becoming a Registered User. If we are still unable to arrange for your full refund, your pre-payment will be forfeited in full at this time.

Your rights and returns

46) If, when attending the Collection Point on the Collection Date, you are in any way dissatisfied with your purchased goods, you may either refuse to accept the goods or immediately return them to us. In either case, we will immediately refund your credit card with the relevant amount or provide replacement goods, at your choice.

47) The Australian Consumer Law (“ACL”) (found within the Competition and Consumer Act 2010 (Cth) (“CCA”) confers upon you a number of rights and entitlements which cannot be varied, restricted, modified or excluded by agreement. We will always act in accordance with the ACL and the CCA, including in respect of your rights and entitlements thereunder.

48) In addition to your statutory remedies, your goods may also come with additional warranties (for example, warranties provided by certain manufacturers of goods). In either case, if you wish to return your purchased goods to us you should contact our Customer Service Centre and seek their advice. In some cases, it may be necessary to arrange to return the goods to us on the landside of Sydney Airport.

49) Nothing in these Terms of Use is intended to vary, restrict, modify or exclude any statutory rights you may have under the ACL, the CCA or any other applicable legislation which may not be varied, restricted, modified or excluded by agreement. All exclusions of and limitations on our liability in these Terms of Use do not apply in respect of any such statutory rights.

Liability and disclaimer

50) Where our liability with respect to any statutory rights under the ACL and/or the CCA cannot be excluded, but may be restricted or modified by agreement, our liability is limited to:

  • a. in the case of a supply of products, our choice of replacing the products or supplying equivalent products; repairing the products; paying the cost of replacing the products or of acquiring equivalent products; or, paying the cost of having the products repaired, and
  • b. in the case of a supply of services, our choice of supplying the services again; or, paying the cost of having the services supplied again

51) To the fullest extent permitted by applicable law:

  • a. we will not be responsible for and disclaim all liability for any loss, liability, damage (whether direct or indirect), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, including where attributable, directly or indirectly, to your access and use of the Webshop or your information or material being transmitted over our systems, and
  • b. we exclude and make no warranties, representations, statements or guarantees regarding the Webshop or the goods displayed there

Privacy

52) If you become a Registered User, you will be required to provide us with various pieces of personal information. We will collect, store, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy. Our Privacy Policy can be found at Privacy Policy

53) At the time of collecting your personal information, we will take reasonable steps to bring our Collection Statement to your attention. Our Collection Statement will ordinarily be located on the sign-up page when you became a Registered User.

54) You may also request a physical copy of both our Collection Statement and our Privacy Policy by contacting our Customer Service Centre at the contact details below.

55) Both our Privacy Policy and our Collection Statement will be updated from time to time, and the changes will take effect from when they are uploaded to our Webshop. We will take reasonable steps in the circumstances to bring any changes to these documents to your attention, for example by displaying a notification when you next log-in as a Registered User.

Direct marketing

56) If you become a Registered User, you will be offered the opportunity to “opt in” to receiving marketing materials from both us and our partners. If you opted in, you have thereby consented to receiving a variety of marketing materials from both us and our partners (including promotional deals, product education and other such materials) via the communication channels you indicated at that time. If you did not opt in you will never receive such materials from us.

57) If you initially agreed to receive direct marketing materials but subsequently change your mind, there are a number of ways by which you can unsubscribe or “opt-out”. Firstly, you can log on to your user account at the Webshop and change your preferences and settings. Secondly, you can in many cases unsubscribe via the marketing materials themselves. For example, any direct marketing emails we send to you will contain a functional “unsubscribe” feature which will always be valid for at least 30 days from the date of the communication. Finally, you can always change your marketing preferences by contacting our Customer Service Centre at the contact details below.

Confidentiality

58) If you are a Registered User, you must not disclose your username or password for the Webshop to any other person. If you have lost your username and/or password, or you have any reason to believe that someone else has access to your account, you should notify us immediately.

59) If you are a Registered User, you should change your password on a reasonably frequent basis. The Webshop may prompt you to do so, from time to time

Notices

60) Where we need to contact you for any purposes connected to the Webshop or these Terms of Use, we will do so using the contact details you provided if and when you became a Registered User. If you are an Unregistered User, we will not be able to contact you as we allow you to browse our Webshop anonymously.

61) You may contact us via a number of different means, as is appropriate to the nature of your query or need. Our general Customer Service Centre contact details are as follows:

Mail:
Heinemann Australia Pty Ltd
PO Box 3027
Sydney International Airport
Mascot NSW 2020


Telephone:
Australian toll-free Service Hotline:
1800 46 46 66

International calls:
+61 2 9667 6800

E-Mail: service@heinemanndutyfree.com.au

General

62) We will not be in breach of these Terms of Use or otherwise liable to you or any other person for any matter (including unavailability or failure of the Webshop) or delay that is caused by or arises from any event or circumstances beyond our reasonable control..

63) If there is a contradiction or inconsistency between these Terms of Use and any other notices, policies, communications or documents relating to the Webshop, these Terms of Use prevail to the extent of that contradiction or inconsistency.

64) The sale of products through the Webshop is for your private and personal use only, in normal and reasonable household quantities.

65) All aspects of the Webshop and these Terms of Use will be governed by the laws of the State of New South Wales, Australia, without any regard to conflicts of law principles. Both parties submit to the exclusive jurisdiction of the courts of that State and agree to waive any right to suggest that such courts represent an inconvenient forum. Neither party will commence proceedings against the other in any other jurisdiction.

66) We may, from time to time, amend or update these Terms of Use without notice to you. If we amend or update the Terms of Use we will take such steps as are reasonable in the circumstances to bring this to your attention, however your continuing and ongoing use of the Webshop will indicate your agreement to the amended or updated Terms of Use. Accordingly, you should ensure that you regularly review them.

67) In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression must be construed as illustrative only and must not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and do not affect the meaning of these Terms of Use.

68) Your rights and obligations under these Terms of Use are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. We may assign, transfer, sub-contract or otherwise dispose of any or all of our rights and/or obligations under these Terms of Use without notice to you.

69) These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on the Webshop from time to time, constitute the whole agreement between us relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

70) The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

71) No failure to exercise nor any delay in exercising any right, power, privilege or remedy under these Terms of Use will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use prevents any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

72) If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction is not affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction is not affected.



Terms of use