Conditions of sale
Please read these conditions of sale
carefully before ordering any products from our website www.pearsoned.co.nz ("our
site"). You may wish to print a copy of these terms and conditions
for future reference.
This page (together with the documents
referred to on it) tells you the terms and conditions on which we
supply any of the goods, services or digital content ("Products")
listed on our site to you. You should understand that by using our
site or ordering any of our Products, you agree to be bound by
these terms and conditions. If you refuse to accept these terms and
conditions, you will not be able to order any Products from our
site.
1. INFORMATION ABOUT US
Our site is operated by Pearson
Australia, a division of Pearson Australia Group Pty Ltd ("us" or
"we"). We are registered in Victoria, Australia under Australian
Company Number 004 245 943 and with our registered office at 707
Collins Street, Melbourne, Victoria, Australia 3008. Our ABN is
40004245943.
2. SERVICE AVAILABILITY
We will take reasonable efforts to
ensure that availability of the website will be uninterrupted and
that transmissions will be error-free. However, due to the nature
of the Internet, this cannot be guaranteed. Also, your access to
the website may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new
facilities or services.
3. YOUR ACCOUNT
If you use our site, you are
responsible for maintaining the confidentiality of your password
and/or account and for restricting access to your computer to
prevent unauthorised access to your account. You agree to accept
responsibility for all activities that occur under your account or
password. You should take all necessary steps to ensure that the
password is kept confidential and secure and should immediately
inform us if there is any reason to suspect that your password has
compromised, or if the password is being, or is likely to be, used
in an unauthorised manner. Please ensure that the details you
provide us with are correct and complete and inform us immediately
of any changes to the information that you provided when
registering. We reserve the right to refuse access to our site,
terminate accounts, remove or edit content, or cancel orders at our
discretion. If we cancel an order, it will be without charge to
you.
4. YOUR STATUS
By placing an order through our site,
you warrant that: (a) You are legally capable of entering into
binding contracts; and (b) You are at least 18 years old; We do not
sell Products for purchase by children. We sell children's products
for purchase by adults. If you are under 18, you may use our site
only with the involvement of a parent or responsible guardian.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND
US
5.1 Your order constitutes an offer to
us to buy a Product. All orders are subject to acceptance by us,
and Pearson is not obligated to accept any offer at its sole
discretion. We will confirm such acceptance to you by sending you
an e-mail that confirms that the Product has been ordered (the
"Order Confirmation"), which will include the Product details,
price, total amount payable and estimated delivery date. The
contract between us ("Contract") will only be formed when we send
you the Order Confirmation.
5.2 We reserve the right to cancel
orders that we believe to be fraudulent or constitute a misuse of a
promotional or marketing activity or where an error has occurred
including but not limited to errors relating to pricing.
6. OUR STATUS
6.1 Please note that in some cases, we
accept orders as agents on behalf of third party sellers. The
resulting legal contract is between you and that third party
seller, and is subject to the terms and conditions of that third
party seller, which they will advise you of directly. You should
carefully review their terms and conditions applying to the
transaction.
6.2 We may also provide links on our
site to the websites of other companies, whether affiliated with us
or not. We cannot give any undertaking, that products you purchase
from third party sellers through our site, or from companies to
whose website we have provided a link on our site, will be of
satisfactory quality, and any such warranties are DISCLAIMED by us
absolutely.
7. INTELLECTUAL PROPERTY RIGHTS
The content on our site and software
supplied to you by us is the property of Pearson Australia Group
Pty Ltd, its affiliates or its content suppliers and is protected
by local and international copyright, authors' rights and database
right laws. The compilation of all content on this website is our
exclusive property and our affiliates. You may not systematically
extract and/or re-utilise parts of the contents of our site without
our express written consent. In particular, you may not utilise any
data mining, robots, or similar data gathering and extraction tools
to extract (whether once or many times) for re-utilisation of any
substantial parts of this website, without our express written
consent. Our site and its URL, Pearson and the Pearson Logo, and
other marks indicated on our website are trademarks or registered
trademarks of Pearson Plc. or its subsidiaries (collectively
"Pearson"). Pearson's trademarks and trade dress may not be used in
connection with any product or service that is not Pearson's, in
any manner that is likely to cause confusion, or in any manner that
disparages or discredits Pearson. All other trademarks not owned by
Pearson that appear on our site are the property of their
respective owners, who may or may not be affiliated with, connected
to, or sponsored by Pearson.
8. AVAILABILITY AND DELIVERY
We will use our reasonable endeavours
to deliver your Products within the delivery times as set out in
the Order Confirmation or, if no delivery date is specified, then
within a reasonable time of the date of the Order Confirmation,
unless there are exceptional circumstances. In some instances, we
may accept orders for Products that are out of stock, available on
demand, available once published on pre-order, or require
importation from our affiliates overseas, and these may have longer
than normal delivery times. For all Orders, Pearson will notify you
at the time of Order Confirmation with its best estimate of
delivery times, and will notify you if there is significant change
in any estimated delivery dates.
If a Product is found to be incorrectly
addressed by us then we will be responsible for the re-delivery,
replacement or refunding of the Product. If you are found to have
given an incorrect or insufficient address, then we will not refund
or resend the Product and all responsibility for correcting the
delivery will be borne by you.
9. RISK AND TITLE
9.1 The Products will be at your risk
from the time of delivery.
9.2 Unless otherwise expressly agreed
between the parties, ownership of the physical Products (but not to
the intellectual property rights in the content of the Products)
will only pass to you when we receive full payment of all sums due
in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1 The price of any Products will be
as quoted on our site from time to time, except in cases of obvious
error.
10.2 These prices include GST.
10.3 Prices are liable to change at any
time, but changes will not affect orders in respect of which we
have already sent you an Order Confirmation. We may increase the
fees for subscription services (if any) from year to year.
10.4 Our site contains a large number
of Products and it is always possible that, despite our best
efforts, some of the Products listed on our site may be incorrectly
priced. We will normally verify prices as part of our dispatch
procedures so that, where a Product's correct price is less than
our stated price, we will charge the lower amount when dispatching
the Product to you. If a Product's correct price is higher than the
price stated on our site, we will normally, at our discretion,
either contact you for instructions before dispatching the Product,
or reject your order and notify you of such rejection.
10.5 We are under no obligation to
provide the Product to you at the incorrect (lower) price, even
after we have sent you an Order Confirmation, if the pricing error
is obvious and unmistakable and could have reasonably been
recognised by you as a mis-pricing.
10.6 Unless otherwise expressly agreed
in writing by Pearson, payment for all Products must be by credit
card. We accept payment with Visa or MasterCard.
10.7 Pearson Strand Finance Limited are
the merchant of record and collect the funds on behalf of Pearson
Australia Group. Your credit card account will be charged at the
time of your transaction, prior to delivery. All credit card
payments are subject to authorisation by the card issuer. If your
payment is not authorised, we will cancel your order (and notify
you that we have done so) and you must return the Products to us
(if you have already received them) at your own expense. The
Products remain our property until you have paid for them. In the
case of online resources and downloads, including online
subscription services (if any), these will only be made available
to you once your payment has been authorised, unless we have agreed
credit terms with you.
11. OUR CANCELLATION AND REFUNDS POLICY
11.1 Cancellation and return of
physical goods. You can return a physical product in its original
condition with 30 days of delivery for a full refund (less delivery
charge) by requesting a Returns Authorisation Number from Customer
Service. When you return a Product to us we will examine the
returned product and if the product is not damaged and in a
resalable condition we will process the refund due to you as soon
as possible and, in any case; within 30 days of the day the
returned the product is received to our warehouse. After 30 days of
purchase we are not required to provide a refund or replacement if
you change your mind.
11.2 Cancellation and returns of
digital and online resources and downloads. Digital products,
downloads (including ebooks, etexts), online resources, access
codes, videos and opened software (including those sold on a
subscription or licence basis) cannot be returned, unless otherwise
expressly agreed in writing by Pearson. You may return a download
if it is defective. If you are unable to complete the download
process or wish us to provide a replacement for a file that is
defective please contact our Customer Service and, where this is
due to our default, we will replace or refund the download.
11.3 We will usually refund any money
received from you using the same method originally used by you to
pay for your purchase.
11A. DIGITAL PRODUCTS, EBOOKS AND OTHER
DOWNLOADS, ONLINE RESOURCES INCLUDING ONLINE SUBSCRIPTION
SERVICES
11A.1 The use of digital Products and
services, online resources and downloads, including online
subscription services, is subject to these terms and conditions,
plus any terms of use or end user licence associated with each
Product/service and/or ebook or other platform used. Customers may
be required to accept Pearson's end user licence agreement, terms
of use and/or Privacy Policy before they can access certain of
Pearson's Products and services. Some online resources and
downloads are offered in different versions or as a menu consisting
of components that you may select, the prices and conditions for
which are as set out in their specific terms. If there is a
conflict between these terms and conditions and any such specific
terms of use, end user licence, purchase, licence or subscription
terms, the specific terms will apply.
11A.2 You are responsible for all
hardware, software, network availability and Internet connectivity
required to access and/or use digital and online resources and
downloads. We will provide you with a specification of the hardware
and software required to use such a Product on request.
12. OUR LIABILITY
12.1 To the maximum extent permitted by
law and save for the express written terms in these terms and
conditions, all other express or implied terms, conditions,
warranties, statements, assurances and representations in relation
to the Products or arising from any Contract are expressly
excluded. If any of the exclusions or limitations set out in this
clause are declared illegal or void or if there has been a breach
of a term, condition, warranty, statement or assurance which cannot
be excluded by this Agreement, then, to the extent permitted by
law, our entire liability and your exclusive remedy is limited to,
at our discretion, in relation to goods to (i) the replacement of
the goods or the supply of equivalent goods, (ii) the repair of the
goods, (iii) the payment of the cost of replacing the goods or of
acquiring equivalent goods; or (iv) the payment of the cost of
having the goods repaired and in relation to services, (i)
supplying the services again or (ii) paying the cost of having the
services supplied again.
12.2 To the maximum extent permitted by
law, our liability for losses you suffer whether in contract, tort,
breach of statutory duty or otherwise, arising under or in
connection with any Contract, is strictly limited to the purchase
price of the Product you purchased and any losses which are a
foreseeable consequence of us breaking any Contract. Losses are
foreseeable where they could be contemplated by you and us at the
time your order is accepted by us.
12.3 We are not responsible for
indirect losses (even if we are aware of the possibility of such
loss or if such loss was otherwise foreseeable) however caused and
on any theory of liability, including without limitation, contract
or tort (including negligence or otherwise) arising during and/or
as a result of our performance or non-performance of this
Agreement, such indirect losses including but not limited to: (a)
loss of income or revenue (b) loss of business or business
interruption (c) loss of profits or contracts (d) loss of
anticipated savings (e) loss of data (f) loss of data, or (g) waste
of management or office time however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even
if foreseeable. Provided that this clause 12.3 shall not prevent
claims for loss of or damage to your tangible property that fall
within the terms of clause 12.1 or clause 12.2 or any other claims
for direct financial loss that are not excluded by any of
categories (a) to (g) above.
12.4 Our Products come with consumer
guarantees that cannot be excluded under New Zealand Consumer Law.
You are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the
goods fail to be of acceptable quality and the failure does not
amount to a major failure.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of
the information or communications we send to you should be in
writing. When using our site, you accept that communication with us
will be mainly electronic. We will contact you by e-mail or provide
you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.
14. NOTICES
All notices given by you to us must be
given to Pearson Australia Group Pty Ltd at 707 Collins Street,
Melbourne, Victoria, Australia 3008. We may give notice to you at
either the e-mail or postal address you provide to us when placing
an order, or in any of the ways specified in clause 13 above.
Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or three
days after the date of posting of any letter. In proving the
service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail
was sent to the specified e-mail address of the addressee. For
contractual purposes, you consent to receive communications from us
electronically and you agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract between you and us is
binding on you and us and on our respective successors and
assigns.
15.2 You may not transfer, assign,
charge or otherwise dispose of a Contract, or any of your rights or
obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations arising
under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or
responsible for any failure to perform, or delay in performance of,
any of our obligations under a Contract that is caused by events
outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any
act, event, non-happening, omission or accident beyond our
reasonable control and includes in particular (without limitation)
the following: (a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war. (c) Fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster. (d) Impossibility
of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport. (e) Impossibility of
the use of public or private telecommunications networks. (f) The
acts, decrees, legislation, regulations or restrictions of any
government.
16.3 Our performance under any Contract
is deemed to be suspended for the period that the Force Majeure
Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close
or to find a solution by which our obligations under the Contract
may be performed despite the Force Majeure Event.
17. WAIVER
17.1 If we fail, at any time during the
term of a Contract, to insist upon strict performance of any of
your obligations under the Contract or any of these terms and
conditions, or if we fail to exercise any of the rights or remedies
to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations.
17.2 A waiver by us of any default
shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these
terms and conditions shall be effective unless it is expressly
stated to be a waiver and is communicated to you in writing.
18. SEVERABILITY
If any of these terms and Conditions or
any provisions of a Contract are determined by any competent
authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will
continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 We each acknowledge that, in
entering into a Contract, neither of us has relied on any
representation, undertaking or promise given by the other or be
implied from anything said or written in negotiations between us
prior to such Contract except as expressly stated in these terms
and conditions, plus any terms of use or end user licence
associated with each Product/service or unless otherwise expressly
agreed in writing.
19.2 We intend to rely upon these terms
and conditions and any document expressly referred to in them in
relation to the subject matter of any Contract. While we accept
responsibility for statements and representations made by our duly
authorised agents, please make sure you ask for any variations from
these terms and conditions to be confirmed in writing.
20. OUR RIGHT TO VARY THESE TERMS AND
CONDITIONS
20.1 We have the right to revise and
amend these terms and conditions from time to time to reflect
changes in market conditions affecting our business, changes in
technology, changes in payment methods, changes in relevant laws
and regulatory requirements and changes in our system's
capabilities.
20.2 You will be subject to the
policies and terms and conditions in force at the time that you
order Products from us, unless any change to those policies or
these terms and conditions is required to be made by law or
governmental authority (in which case it will apply to orders
previously placed by you), or if we notify you of the change to
those policies or these terms and conditions before we send you the
Order Confirmation (in which case we have the right to assume that
you have accepted the change to the terms and conditions, unless
you notify us to the contrary within seven working days of receipt
by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products
through our site and any dispute or claim arising out of or in
connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by
the law of the State of Victoria. Any dispute or claim arising out
of or in connection with such Contracts or their formation
(including non-contractual disputes or claims) shall be subject to
the non-exclusive jurisdiction of the courts of Victoria.
Last Updated: 11 September 2017