Terms for online sales

ECP Website Order Terms

Personal shoppers only – bookshop and other account customers click see: Terms of trade

About these terms

In these terms, ‘ECP’ means Curtain Communications Pty Ltd trading as Eleanor Curtain Publishing ACN 007 283 221 and ‘you’ means the person whose details are entered in the name and address sections of the order form included on page 16 of the teacher reference catalogue downloadable from this website.

Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms. In most cases, their meanings are set out below at the end of these terms but some meanings are set out in the body of this document.

When an order placed by you in accordance with these terms is accepted by ECP, the Order and these terms form a contract between ECP and you. That contract for the supply of products that are listed on the price list set out in page 15 of the teacher reference catalogue and that ECP agrees to supply to you under these terms is referred to throughout these terms as the Contract. The Contract cannot be varied unless ECP agrees to vary it in writing or by email.

ECP reserves the right to vary these terms from time to time by posting amendments to this website or by notifying them to you by some other means. The amendments will take effect immediately they are posted on this website or otherwise notified to you and will apply to all Orders made after that date.

Orders, prices and payment

By listing products for sale in the teacher reference catalogue, ECP is inviting you to do business with ECP but is not offering to supply any particular products.

You may place an order online by following the steps set out on pages 15 and 16 of the teacher reference catalogue. Orders will not be accepted by ECP if they are in any other form.

Prices for Products listed in the price list on page 15 of the teacher reference catalogue are expressed in Australian dollars and are inclusive of Australian Goods and Services Tax. You must also pay any postage, freight and handling charges specified on page 16 of the teacher reference catalogue.

You may pay for the Products you have ordered using the payment methods specified in the order form on page 16. When you submit credit card details, ECP obtains a pre-approval from the credit card provider for the amount specified in your Order. That amount is billed to the nominated credit card when the Products specified on the Order are shipped.

Cancellation

You may not cancel an Order once it is submitted. ECP reserves the right to refuse to supply an Order that you submit, even if you have paid for the Order, and ECP is not obliged to give any reason for the refusal. If ECP cancels an Order after you have paid for it, the amount paid will be refunded as soon as reasonably practicable.

Shipping

ECP will send the Products specified in your Order to the shipping address specified in the Order. ECP will use commercially reasonable endeavours to make sure that the Products are shipped within any time estimates given before or at the time you submit your Order. However, subject to any applicable Consumer Guarantee:

• ECP does not promise that shipping will occur within the estimated time or at all; and
• ECP will not be liable to you at all, whether under the terms of the Contract or in negligence or otherwise, for any late delivery of, or failure to deliver, the Products.

Title in the Products will pass to you when payment in full is received by ECP. Risk of loss of or damage to the Products passes to you when the Products are delivered to you.

Product returns

All sales are firm. However without limiting your rights under any applicable Consumer Guarantee :

• you must obtain a Returns Claim Number from ECP prior to returning any faulty Products (Please contact ECP to acquire your Returns Claim Number if you need one);
• no refund will be provided for faulty Products unless they are returned within 14 days after you receive the Returns Claim Number;
• ECP will not give refunds for a faulty Product comprising CDs, DVDs and any other electronic media unless you are able to demonstrate, to ECP’s reasonable satisfaction, that the Product was unuseable when delivered; and
• no refunds will be given for faulty Products that you or any person not authorised by ECP has repaired or attempted to repair.

Our liability to you

The only warranties, conditions or other terms that are binding on ECP are those expressly stated in the Contract. To the extent permitted by law, any term concerning the Products or any service that we provide to you which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded from the Contract.

If a Product does not comply with an applicable Consumer Guarantee, you have rights and remedies under the Australian Consumer Law. Without limiting those rights and remedies, nothing in the Contract excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee.

Subject to the previous paragraph:

• ECP will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
• ECP’s maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to ECP in respect of the Product or Products for which the liability arises.

Other terms

Without limiting the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee, ECP will not be liable for any loss or damage suffered or incurred by you arising from any delay by ECP in fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the Contract, if the delay or failure is caused by anything beyond ECP’s reasonable control.

ECP’s privacy policy [here] applies to any personal information that you submit on an Order or otherwise provide to ECP when you purchase or offer to purchase Products from ECP.

The terms of the Contract replace all previous representations, arrangements, understandings and agreements between you and ECP relating to its subject matter and contain the entire agreement between you and ECP relating to that subject matter. The Contract is governed by the laws of Victoria and you and ECP each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

Definitions

Consumer Guarantee means a consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law.

Contract means the agreement between ECP and you that is formed when ECP accepts an Order.

Order means an order that you place in accordance with these terms.

Product means a product listed in the downloadable teacher reference catalogue that ECP agrees to supply to you in accordance with these terms.