Conditions of Use
Last updated on 20/11/17
We welcome users to Trieste Publishing, an online book store, which is owned and managed
by Trieste Publishing Pty Ltd ACN 614 220 852, whose registered office is at Suite 1, 101-
103 Queens Parade, Clifton Hill, Victoria, 3068, AUSTRALIA (Trieste Publishing).
- Services
1.1. We sell books printed on demand from our website www.TriestePublishing.com
(Website) and allow our registered users to search, browse and order books, which are
available on the Website (Services).
1.2. Each time when you use the Services, you will be bound by these Conditions of Use.
Therefore, you are advised to carefully read this document. If you do not understand or
agree to these Conditions of Use or any part thereof, you should not use our Services.
1.3. Triste Publishing reserves its right to amend the Conditions of Use without prior notice
by displaying the amended Conditions of Use on this page and sending notification
about the amendments to your nominated email address. We, however, encourage you
to view this page from time to time to understand the changes that have been made and
make your decision whether to continue using our Services. By continuing using our
Services, you confirm that you have read and understood the amended Conditions of
Use and have agreed to be bound by them.
- Privacy Policy
2.1. Our Privacy Policy is included in this Website and should be read in conjunction with
these Conditions of Use as together they encapsulate our practices, provision of the
Services and our relationship to users.
- Acceptance of Electronic Communications
3.1. You agree to communicate with us via email address listed on your account which you
keep on the Website. We assume no responsibility for any missed communication due
to incorrect email address recorded in your account. In the event of any changes in your
email address, please let us know by amending your account details or sending a direct
email to us.
3.2. By agreeing to these Conditions of Use you consent to receiving electronic
communications from us, including, but not limited to, newsletters, notices and updates.
3.3. We advise that you retain copies of these communications in your files. You agree that
any electronic communications that we provide to you satisfy all legal requirements,
including that such communications be in writing. If you no longer wish to receive
communications from Trieste Publishing you may unsubscribe by sending an email to
us.
- Copyright
4.1. The copyright to all content on the Website, including text, graphics, Trieste Publishing
logo, all covers of the books sold by Trieste Publishing through the Website belongs to
Trieste Publishing.
- License
5.1. Subject to your compliance with these Conditions of Use, Trieste Publishing grants you
a limited, non-exclusive, non-transferable, non-sublicensable license to make personal
and non-commercial use of our Services.
5.2. Unless Trieste Publishing consents otherwise in writing, this license does not allow you
to:
5.2.1. Use any intellectual property of Trieste Publishing in a manner that is contrary
to Clause 5.1 above and these Conditions of Use;
5.2.2. Engage in any commercial use of our Services;
5.2.3. Reproduce, reverse-engineer, duplicate, disassemble, copy, sell, resell any
books purchased from Trieste Publishing for any commercial purpose unless
Trieste Publishing otherwise consents in writing;
5.2.4. Collect and use any book title listings, descriptions or prices;
5.2.5. Copy, download or use otherwise any information obtained as a result of
provision of the Services to you for the benefit of any third party;
5.2.6. Use our Services for data mining, robot or similar data gathering or extraction
methods.
5.3. The license granted by Trieste Publishing under this Clause 5 will be terminated
immediately, without prior notice, if you do not comply with these Conditions of Use.
- Purchase of Books
6.1. To be able to use our Services you must be over 18 years of age. If you are younger
than 18, you are may only use our Services under supervision of a parent or a guardian.
6.2. By placing your order on our Website, you confirm that you are ordering the correct
item and quantity in your shopping card and request Trieste Publishing to deliver the
items to you at the address for delivery nominated by you.
6.3. For completion of the contract, and for your order to be processed, Trieste Publishing
must receive the complete payment required for the goods. We will not be able to
confirm your order if we are unable to process the payment.
6.4. When payment has been received, Trieste Publishing will confirm your order by
sending an email to your email address and will confirm the shipment of the ordered
goods.
6.5. Once Trieste Publishing has confirmed your order, a legally binding contract with you
will be formed on the terms of these Conditions of Use. A copy of the contract will be
sent to you together with the confirmation of your order. We will as well provide you
with an invoice confirming the purchased goods.
6.6. Once we confirm your order, you will not be entitled to change your mind or amend
your order or withdraw from it.
6.7. Trieste Publishing will be entitled to withdraw from any contract if an error or
inaccuracy in the price of ordered goods is found in relation to the goods presented on
the Website. You will be contacted as soon as possible if we discover any error or
inaccuracy in the price of ordered goods on our Website, and the correct price will be
communicated to you. You will then be asked whether you wish to proceed with the
order at the correct price, or whether you wish to cancel the order. Should you decide to
cancel the order, we will reimburse the price paid by you with respect to those goods.
6.8. Unless goods are damaged or defective, we do not accept any cancellations or returns
of goods, since customers will have been presented with an opportunity to view some
of the contents of the requested goods on our Website.
6.9. Goods will be posted to you at your nominated address. As soon as the goods are
dispatched, you will receive an order status update from us with tracking details with
respect to your order. You will then be able to track the delivery of your order to you.
6.10. The costs of delivery indicated on our Website are estimates only and based on our
experience, availability of goods, processing requirements and the schedules of delivery
companies. You will be notified about the precise cost of delivery of the purchased
goods prior to finalising your order on the Website.
6.11. All the prices for the books displayed on our Website are inclusive of GST (Goods &
Services Tax) if purchased from Australia.
6.12. For goods delivered to the addressee (to whom the goods are to be shipped) outside
Australia, the addressee will be the declarant and importer into their country, and will
be responsible for any customs clearance, or payments of applicable duties or taxes. We
therefore recommend that you contact the relevant customs officials to determine
whether any importation duties or taxes would be applicable to your order prior to
placing the order on our Website. We note that if the delivery address is located in the
United States, the United Kingdom, or Australia, no such duties are likely to arise,
since the goods will have been produced in that country.
6.13. We assume no responsibility for the goods delivered to you, if those are not the goods
that you ordered, or damaged or defective, unless you notify Trieste Publishing about
that within 10 working days of the delivery of the goods to you.
6.14. In the event of damage, we request that you provide us with photographic evidence of
the damage when you contact us. It will be at Trieste Publishing’s discretion to: replace
the goods that have been received by you in a defective or damaged condition; or
refund to you the amount that you paid for the damaged or defective or undelivered
goods. The cost of shipment of the replaced goods or the cost of shipment of the goods
returned by you shall be covered by you and is not subject to compensation by Trieste
Publishing. Trieste Publishing will have no liability to pay any amount to you as
compensation save as explicitly stated in these Conditions of Use.
6.15. Trieste Publishing will assume no liability for the loss of goods in transit, unless you
inform us in writing that you have not received the ordered goods within 40 days of the
date of their despatch to your address. If notified by you in this way, we will investigate
the loss of goods and determine, at our discretion, whether to: compensate you for nondelivery or send the non-delivered goods to you once again at your expense. Trieste
Publishing will not compensate you for the shipment of non-delivered goods.
- Force Majeure
7.1. Trieste Publishing will not be liable for any failure to deliver goods that you have
ordered, or any delay that you have experienced through their non-delivery, or for any
damaged or defective goods that you receive which have been caused by an event or a
circumstance that is beyond our reasonable control.
- Reviews, Comments, Communications and Other Content
8.1. You agree to use our Services in a manner that is permitted by Law, and must not
misuse them.
8.2. Users of the Website are free to provide comments, communications, ideas, methods,
photos, videos, information in questionnaires, or any other content so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights (including publicity rights), or otherwise injurious to third
parties, and does not consist of or contain software viruses, or comprise of unsolicited
commercial or political electronic messages. Trieste Publishing reserves the right to
delete any comments, communications, ideas, methods, photos, videos, information in
questionnaires, or any other content provided by you at its sole discretion if Trieste
Publishing considers any of those breaching this Clause 8.2.
8.3. Users must not employ a false e-mail address, impersonate any person or entity, or in
any way mislead as to their identity.
8.4. Trieste Publishing reserves the right (but not the obligation) to use any comments,
communications, ideas, methods, photos, videos, information in questionnaires, and any
other content that you provide to Trieste Publishing without compensation or
acknowledgement to you for any purpose, including the improvement of the Website
and our Services.
- DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
9.1. ALL PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON THE
WEBSITE ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS
UNLESS OTHERWISE SPECIFIED IN WRITING.
9.2. TRIESTE PUBLISHING PROVIDES NO GUARANTEE, NOR DOES IT MAKE
ANY REPRESENTATION NOR PROVIDE ANY WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED AS TO THE OPERATION OF THE WEBSITE.
9.3. TRIESTE PUBLISHING, ITS ASSOCIATED COMPANIES OR SUBSIDIARIES OR
ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR REPRESENTATIVES (JOINTLY OR SEVERALLY) SHALL UNDER
NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY LOSS RESULTING
FROM THE USE OF THE SERVICES OTHER THAN THE LOSS DIRECTLY AND
NATURALLY RESULTING IN THE ORDINARY COURSE OF EVENTS FROM
THE BREACH OF THESE CONDITIONS OF USE BY TRIESTE PUBLISHING.
9.4. TRIESTE PUBLISHING DOES NOT WARRANT THAT THE SERVICES,
INCLUDING SOFTWARE, INFORMATION, CONTENT, MATERIALS, TITLES
SEARCHES, SUBJECT SEARCHES, OR OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE,
TRIESTE PUBLISHING'S SERVERS OR ELECTRONIC COMMUNICATIONS
SENT FROM TRIESTE PUBLISHING ARE FREE OF VIRUSES OR OTHER
HARMFUL EFFECTS.
9.5. FOR THE AVOIDANCE OF ANY DOUBT, NOTHING IN THESE CONDITIONS
OF USE SHOULD BE TREATED AS PURPORTING TO EXCLUDE, RESTRICT
OR MODIFY YOUR RIGHTS AS A CONSUMER AVAILABLE TO YOU UNDER
AUSTRALIAN LAW.
- Governing Law
10.1. These Conditions of Use shall be governed by and construed in accordance with the
laws of the State of Victoria, Australia.
- Disputes
11.1. By using our Services, you consent that any dispute arising from or relating to our
Services and these Conditions of Use shall be exclusively governed by the jurisdiction
of the State of Victoria, Australia.
11.2. You acknowledge that it is only with the agreement to these Conditions of Use that we
can offer the Services, and that your agreement to these Conditions of Use is material
condition of entering into a contract with you.
- Copyright Complaints
12.1. Trieste Publishing does not knowingly include titles that are subject to copyright by
other parties. If you believe that Trieste Publishing has unintentionally infringed an
existing copyright, we request that you submit details of the claim to us in writing on
the [link] provided on this site. We will provide a prompt response to the concerns of
owners of rights, and request that these be submitted in writing, including the following
information:
12.1.1. The physical signature of the person authorized to act on behalf of the owner
of the copyright title;
12.1.2. Your description of the copyrighted title that it is claimed has been infringed
upon;
12.1.3. Location on the site where the title that you claim is infringing copyright can
be found;
12.1.4. Address, telephone number, and e-mail address of the claimant;
12.1.5. Your statement that you believe in good-faith that the copyright of the title in
question has not been authorized by the copyright owner, its agent, or the law;
and
12.1.6. A statement by you, made under penalty of perjury, that you are the copyright
owner or have been authorized to act on the copyright owner's behalf, and that
the information you have supplied to us is accurate.
- Our Contact Details
13.1. The contact details of Trieste Publishing are as follows:
Trieste Publishing Pty Ltd
P.O. Box 1576
Collingwood, Victoria, 3066
AUSTRALIA
Contact email: customerservice@triestepublishing.com