Terms and Conditions of Sale
This website (www.insightpublications.com.au) is operated by Insight Publications Pty. Ltd. (ABN 57 005 102 983) (Insight Publications).
By ordering goods from the website, you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not order goods from the website.
Returns and Refund Policy
Insight Publications will not accept a return or offer a refund in respect of any product unless it has been damaged in transit and you have notified Insight Publications of the damage in accordance with these Terms and Conditions. No refund will be given if you simply change your mind. Nothing in this section excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited (including under the Australian Consumer Law).
Goods Damaged in Transit
You must inspect the goods at the time of delivery. If you believe the goods have been damaged in transit, you must notify Insight Publications (using the details in the “Contact" area of the website) within 48 hours after receiving them (or collecting them from the delivery service). If you do not notify Insight Publications of the damage within that period, the goods will be taken to have been received in good condition and you will waive any claims in respect of any damage that may have occurred in transit. Nothing in this section excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited (including under the Australian Consumer Law).
Warranties and Liability
To the extent permitted by law, Insight Publications excludes all warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage, or otherwise), and makes no representations, relating to the goods ordered by the customer, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose.
Nothing in these terms of trade excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law (non-excludable provision). To the maximum extent permitted by law, Insight Publications’ liability for any failure to comply with a non-excludable provision is limited to (at Insight Publications’ option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
Except as specified in this section, to the maximum extent permitted by law, the aggregate liability of Insight Publications, whether in contract or tort (including negligence) or otherwise, to the customer for any loss or damage of whatsoever nature (including consequential loss or damage) will be limited to and in no circumstances will exceed the price of the goods to which liability relates.
The limitations and exclusions set out in this section do not apply to any liability of Insight Publications for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).
Pricing and product information
Prices and other product information quoted on the website are subject to change from time to time without notice. The price of goods ordered by you will be the price quoted on the website (typically summarised in the ‘checkout’ page of the website) at the time you place your order. Although Insight Publications takes all reasonable care to ensure that prices and other product information quoted on the website are correct at the time of publication, it reserves the right to correct any publishing errors and cancel orders made at an the incorrect price.
All prices quoted on the website are in Australian dollars and inclusive of Australian Goods and Services Tax (GST). If you are not an Australian resident, you may be liable to pay additional tariffs, duties or other taxes in connection with your order. Insight Publications is not responsible for the payment of any additional tariffs, duties or other taxes and you must reimburse Insight Publications on demand if it pays such additional tariffs, duties or other taxes in relation to your order.
Payment is due immediately when your order is placed. When placing an order through the website, you must provide your valid credit card number and any other information requested through the website to enable payment for your order to be processed. Your credit card will be charged at the time your order is placed.
You warrant that any credit card details provided by you are true and correct and that you are authorised to charge the relevant payment to that credit card.
If GST is payable on a supply of goods ordered through the website, you must pay the applicable GST in addition to the amount payable for the supply, packaging and delivery of the relevant goods.
Insight Publications ships goods Australia wide and internationally.
Goods will be delivered to the delivery address specified in your order. The costs of delivery are in addition to the cost of the goods quoted on the website. Orders will be dispatched by Insight Publications as soon as practicable after receipt of an order.
Insight Publications delivers goods using Australia Post. The costs of delivery are influenced by the size and weight of the product and the destination for delivery (see https://www.insightpublications.com.au/shipping-information ). Delivery costs are calculated in the shopping cart and will be identified before payment is requested. Delivery dates or times indicated at the time of placing an order (if any) are approximate dates only and do not constitute a guarantee of delivery by such date.
If requested, you must provide reasonable proof of your identity and sign an acknowledgement of receipt of the goods at the time the goods are delivered to the specified delivery address. If you are not present at the time of attempted delivery of the goods to the specified delivery address or you cannot provide reasonable proof of your identity, the delivery service may keep the goods for later collection by you. You will be notified if that happens, and you must then collect the goods at your own expense.
If Insight Publications reasonably determines that your order is not deliverable to the specified delivery address due to the address provided being invalid or lack of reasonable access to that address or you do not collect the goods within 15 days after being notified that they have been kept by the delivery service for collection by you, Insight Publications may cancel the order and the relevant goods will be returned to Insight Publications at your expense and made available for sale to other customers. In those cases, Insight Publications will refund you the price you have paid for the goods less packaging and delivery charges and reasonable handling costs.
Insight Publications reserves the right to make part deliveries of any order. Failure to make a delivery of the total order does not invalidate the contract of sale in relation to goods actually delivered. You are not relieved of your obligation to accept or pay for the goods because of any delay in delivery. Insight Publications is not liable for any failure to deliver or delay in delivery for any reason beyond its reasonable control.
If Insight Publications discovers after accepting an order that it cannot deliver the ordered goods, Insight Publications will notify you and will be entitled to cancel the order. Insight Publications will, of course, inform you immediately and reimburse any payments made.
No alteration or cancellation of orders
Once you have placed an order, you cannot change it or cancel it without Insight Publications’ express agreement. If Insight Publications agrees to alter or cancel your order, you must pay Insight Publications any loss, damage, cost or expenses incurred in relation to the change or cancellation.
Failure by Insight Publications to insist on strict performance of any term, warranty or condition of these Terms and Conditions will not be taken as a waiver of it or of any of its rights, and no waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.
These Terms and Conditions are governed by the laws of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts competent to determine appeals from those courts, with respect to any dispute arising out of or in connection with these Terms and Conditions, the website or any orders you place via the website.
Changes to these Terms and Conditions
Insight Publications may amend these Terms and Conditions from time to time by posting the amended version on the website. Subsequent or continuing use of the website will constitute acceptance of any changes.
If any part of these Terms of Conditions is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.
Updated 30 April 2017
Insight Publications is an independent Australian-owned company with over 45 years of experience publishing English resources for secondary teachers and students. We develop innovative, engaging and evolving English resources to challenge, to inspire and to enrich learning.