Terms of Use

Basement Books Website Terms of Use

These terms of use (Terms) govern your use of the Basement Books Website and all related sites including but not limited to basementbooks.com.au (the Website). Please read these Terms carefully.

BY USING THE WEBSITE YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. You must not use this Website if you do not agree with these terms.

Basement Books reserves the right to change these Terms at any time, please check at regular intervals for any changes. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

1. Ownership

The Website and all content is operated and owned by Primrose Path Pty Ltd (ABN 50 677 239 964).

2. Pricing

All prices on the Website are displayed in Australian dollars and and include GST. You will be charged in Australian dollars.

Pricing is subject to change without prior notice.

3. Orders

All orders submitted through the Website are subject to acceptance by Basement Books.

Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Basement Books reserves the right to refuse an order for any reason. Basement Books reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions. Acceptance of all orders is subject to Basement Books confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.

Basement Books only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send an email confirming that the product(s) have been despatched to your nominated shipping address.
Basement Books may cancel your order (including orders already accepted by Basement Books) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.

When collecting an Instore Pickup order from store, you are required to supply a copy of your Basement Books online order confirmation email with unique order number and photo identification. If you have not collected your Instore Pickup order within 14 days of delivery to store, Basement Books then reserve the right to return your Instore Pickup order to stock and process a full refund for any amount paid for the order.

By submitting an order through our website, you agree to allow us to send you emails related to that order. You will not be subscribed to any regular emails, such as newsletters. If you are ordering for the first time you agree to allow us to send emails relating to your automatic account setup.

4. Returns/Refunds

Any item found to be incomplete or defective or not in the condition advertised on the website (New or Remainder) may be returned within 7 business days of delivery. Delivery costs will also be refunded if all items in the order are being returned. Full refunds will also be given for any book(s) received that were not book(s) you ordered, if we are notified within 7 days of you receivng the items. Please Contact Us requesting a return authorisation and further instructions. Please quote your receipt number and the reason for returning the item(s). Returns that have not been pre-arranged will not be accepted. Any returns are shipped at the customer's risk and Basement Books will not take responsibility for any items that are lost or damaged whilst being shipped back to us. Accepted returns will be refunded by the method by which you paid for them within 14 days. Please wrap the items securely and return them, with a copy of the receipt that was included in your delivery, to:

Basement Books
Level 4, 3-5 West St
NSW 2073

Note: a printed copy of your Basement Books website receipt must be included in the parcel.

5. Intellectual Property

Unless otherwise indicated, Basement Books owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Basement Books. Except for viewing the content for your own personal non-commercial use, Basement Books does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

6. Use of Website

When you access the Website, you agree that you do so on the following conditions: You may only use the Website and the Content on the Website for personal purposes unless Basement Books provides express written consent.

You must not:

  • Access or attempt to access any part of the Website which is not designated for access by your password (where applicable).
  • By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
  • Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Basement Books or any third party;
  • Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
  • Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
  • Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
  • Interfere with any other persons use or enjoyment of the Website;
  • Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
  • Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
  • Post or transmit any materials to the Website which is incorrect or misleading;
  • Use the Website in any way that otherwise breaches these terms.

In addition to these terms, the Basement Books Privacy policy applies to the use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

Basement Books may refuse access or edit or delete material posted by you in contravention of these conditions.

7. Third Party Websites

The Website contains links to other websites controlled by third parties (Third Party Websites).  Basement Books is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.

Basement Books makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

8. Cookies

Cookies may be used on some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types.

9. Information and services at the site

Basement Books updates the Website regularly, however, Basement Books makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Basement Books excludes all terms, conditions and representations express or implied.

10. Indemnity

Basement Books is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Basement Books does not warrant that the Website will be uninterrupted or error free.

You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.

11. Limitation of Liability

Basement Books does not warrant or guarantee:

  • the accuracy or completeness of any information available on the Website;
  • that access to the Website will be uninterrupted or error free;
  • that any defects will be corrected immediately; or
  • that the Website will be free from viruses or other contamination.

Except where prohibited by law, Basement Books will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.

12. Termination of Use

You may stop using the Website at any time for any reason.

Basement Books reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

Basement Books may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Basement Books reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.

13. Variation to Terms

Basement Books may vary these terms at any time, and by continuing to use the Website you consent to any variations. Basement Books will not notify of these variations and it is your responsibility to regularly check these terms for any variations.

14. Security

When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Basement Books. You assume all risk and liability of your use of the Website, the internet, or any such third party networks, including access to the Website via such media. Basement Books recommends users review each website’s privacy statement before disclosing any personally identifiable information.

15. Outages

Basement Books reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.

16. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

17. Governing Law

These terms are governed by the Laws of New South Wales in Australia, and any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the Courts of New South Wales.

You are responsible for compliance with all laws and regulations applicable to your location.

18. Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by Basement Books to act or enforce these Terms immediately will not be considered a waiver of Basement Books' right to take any such action.

Last updated July 2020