(Last updated: 5 February 2015)
Scope of this document
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:
- 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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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:
Heinemann Australia Pty Ltd
PO Box 3027
Sydney International Airport
Mascot NSW 2020
Australian toll-free Service Hotline:
1800 46 46 66
+61 2 9667 6800
64) The sale of products through the Webshop is for your private and personal use only, in normal and reasonable household quantities.