Terms and Conditions

Melbourne University Law Review Association Inc.

TERMS AND CONDITIONS OF PURCHASE

These are the terms and conditions of purchase of the Melbourne University Law Review Association Inc. (‘Review’). Please read this document carefully before placing an Order or Overseas Order with the Review, as in doing so you agree to comply with this policy.

1.0 INTERPRETATION

For the purposes of this policy:

AGLC refers to all available hardcopy editions of the Australian Guide to Legal Citation, a publication of the Review.

Business Days means full ordinary work days (Monday to Friday) and excludes any Australian or Victorian public holidays.

Change of Mind refers to circumstances in which the Purchaser, through no fault of the Review, no longer seeks to receive shipment of their order. Such circumstances are, to the extent required by law, non-exhaustive and may include:

• a Purchaser locating the relevant product elsewhere or for a lesser price;
• the item no longer being considered a required university text;
• a Purchaser deciding that they would like to use the online version of the product only;
• Minor Delays in item shipment; and
• a Purchaser ordering an out-of-date edition or issue of a product.

Major Delay means:

• in relation to an Order or Overseas Order, a postponement in shipment exceeding 50 days from placement of the Order or Overseas Order; or
• in the case of a Pre-Order, a postponement in shipment exceeding 50 days from the release date of the product.

Minor Delay means:

• in relation to an Order or Overseas Order, a postponement in shipment no greater than 50 days from placement of an Order or Overseas Order; or
• in the case of a Pre-Order, a postponement in shipment no greater than 50 from the release date of the product.

In Stock means that the product sought is currently on-site at the Review’s Parkville, Victoria location and is available for immediate shipment if required.

Out of Stock means that the product sought is on offer, but currently off-site and not immediately available for shipment if required. Off-site locations include but are not limited to:

• printing facilities, both within and outside Australia;
• vessels and aircraft carrying products from external printing facilities to Australia;
• the Review’s Victorian warehouse and storage facilities; and
• vehicles carrying products from warehouse and storage facilities to the Review’s on-site location in Parkville, Victoria.

Order means a request to purchase copies of the AGLC or the Review Journal for shipment within Australia.

Overseas Order refers to a request to purchase the AGLC or the Review Journal for shipment outside of Australia.

Peak Periods are time frames in which high volumes of Orders are expected or likely to be received. Examples of Peak Periods include:

• the close to immediate launch of a new product; or
• the announcement of a sale.

Pre-Order refers to an item that may be purchased in advance of release.

Purchaser means the individual or retailer seeking to buy products from the Review.

Review refers to the Melbourne University Law Review Association Inc.

Review Journal means the Melbourne University Law Review as a journal publication in hardcopy form.

2.0 TERMS OF BUSINESS

It is the responsibility of the Purchaser to ensure that the correct item, quantity, payment method, and delivery address are provided in their Order or Overseas Order.

Each purchase is deemed a firm sale, subject to the return and refund terms below.

The Review is an online-only bookstore and does not provide collection services from its office at Melbourne Law School.

As purchases are made online only, the Review’s primary means of communication will be via the email address listed on the Purchaser’s PayPal account or purchase order. The Review will not be held responsible for any missed communication due to this email address being incorrect or unattended.

3.0 PLACEMENT AND PAYMENT OF ORDERS FOR AGLC

3.1 PayPal Orders

AGLC Orders may be placed using the Review’s PayPal facilities. Orders made using PayPal require upfront payment.

The Review does not provide confirmation of receipt emails for Orders placed via PayPal. Customers are responsible for ensuring that their PayPal order notifications are enabled and for checking their PayPal accounts for receipts.

The Review does not collect separate contact or shipment information for Orders placed through PayPal. It is therefore the Purchaser’s responsibility to ensure that their PayPal details are up-to-date and correct.

3.2 Electronic Funds Transfer Orders

Electronic funds transfer Orders may only be placed for AGLC with pre-approval from the Review. The Review is not responsible for any payment received via electronic funds transfer without notification to the Review by email at mulr-aglc@unimelb.edu.au .

If an electronic funds transfer Order is approved, it is the responsibility of the Purchaser to provide remittance when payment has been made. If remittance has been received, the Review will confirm, via email, when payment has been identified.

3.3 Retailer Purchase Orders

Retailers may seek to establish an account with the Review such that AGLC is acquired via purchase orders. This option is not available to individual persons who must make payment upfront to obtain an AGLC.

It is the responsibility of all retailers to provide the Review with remittance advice for their payments. Remittance details should be provided to the Review by email at law-mulr@unimelb.edu.au.

3.4 Overseas Orders

Please see Section 12 for further details on how to place Overseas Orders.

7.1 Items In Stock

The Review will take all reasonable steps to ship products In Stock within five Business Days of an Order or Overseas Order being placed.

Orders or Overseas Orders for In Stock items placed during a Peak Period may be subject to a dispatch delay due to an increased volume of orders.

7.2 Items Out of Stock

Items that are Out of Stock at the Review may have longer delivery times. Popular titles can and do sometimes become temporarily unavailable.

If an item in a Purchaser’s Order or Overseas Order is affected, the Review will contact the Purchaser via email to advise of the delay. All Orders and Overseas Orders will be shipped immediately upon the item’s receipt at the Review’s on-site location in Parkville, Victoria.

Items awaiting a reprint can take between six weeks and four months to source.

Purchasers will be provided with an email confirming shipment once their Order or Overseas Order has been dispatched from the Review’s Parkville, Victoria location.

7.3 Items Unavailable

Unfortunately, the Review is not always able to fulfil a purchase request for old editions of the AGLC or previous issues of the Review Journal. If a Purchaser seeks to order an item that is no longer available, the Review will contact the Purchaser by email as soon as possible to advise.

All Orders and Overseas Orders for unavailable items will be cancelled and any funds paid will be refunded to the Purchaser.

7.4 Confirmation of Shipment

Purchasers will be provided with an emailing confirming shipment once their Order or Overseas Order has been dispatched. All confirmation emails will include a tracking number for use by Purchasers on the Australia Post website.

Tracking numbers are typically not provided for Overseas Orders, unless upon special request. Additional charges may apply for tracking numbers on Overseas Orders.

7.5 Australia Post Delivery Times

All parcels are sent using standard Australia Post delivery services.

Purchasers are asked to take into account the number of days Australia Post may take to deliver their Order or Overseas Order from Parkville, Victoria. The Review anticipates that, for Orders, this is usually within two to five Business Days of a confirmation email being received. Delays may, however, apply, and any such related dispute ought to be raised directly with Australia Post.

Delivery time for Overseas Orders varies and depends on the parcel’s destination. Please check the Australia Post website for estimated delivery times on international shipments.

7.6 Consequence of Delay

Minor Delays in shipment do not warrant an Order or Overseas Order’s refund or cancellation, except to the extent required by law. If a Major Delay in shipment occurs and a Purchaser no longer wishes to maintain their Order or Overseas Order, a refund and cancellation may be requested and issued by the Review. The Review reserves the right to cancel unsent backorders if it is determined that they will not arrive within a reasonable period of time.

8.0 ORDERS WITH MULTIPLE ITEMS

Purchasers ordering more than one item may have their Order or Overseas Order sent in multiple shipments. The number of tracking numbers provided to the Purchaser in their confirmation email will identify the number of parcels shipped. For international parcels without tracking, the number of packages will be identified in the confirmation email.

9.0 CHANGES TO ORDERS

The Review may be contacted to alter information such as Purchaser details and preferred delivery address prior to an Order or Overseas Order’s shipment.

It is not possible for any changes to be made to an Order or Overseas Order once it has been processed and shipped. If a confirmation email has been received, no further changes may be requested unless the Order or Overseas Order is returned to sender.

The Review is unable to combine multiple Orders or Overseas Orders after the payment for the first Order or Overseas Order has been processed.

10.0 RETURNS AND REFUNDS

The Review understands that, occasionally, a Purchaser may need to cancel an Order or Overseas Order or return an item.

Before cancelling your Order or Overseas Order or attempting to return any items, please contact our Publications and Distribution Manager at mulr-aglc@unimelb.edu.au.

10.1 Faulty, Damaged or Incorrect Goods

If a Purchaser receives a faulty, damaged or incorrect item, the Review will happily replace or refund the item upon request. Purchasers are kindly asked to contact the Review within 30 Business Days of receipt of the item to arrange a replacement or refund.

10.2 Change of Mind

The Review is not obliged by law to provide a refund or replacement for return requests due to Change of Mind.

All Change of Mind return or refund requests will be assessed individually, and will only be granted in extenuating circumstances.

If the Review grants a request, goods must be returned in their original sealed condition.

Shipping and delivery costs will not be refunded for Change of Mind requests.

11.0 INSUFFICIENT AND/OR INCORRECT DELIVERY INFORMATION AND ITEMS RETURNED TO SENDER

Purchasers who provide addresses deemed incorrect or insufficient by Australia Post may experience:

• delivery delays;
• their parcel(s) becoming lost; or
• their package(s) being returned to the Review’s Parkville, Victoria location.

Any package returned to the Review due to incorrect or insufficient information will require an additional delivery charge. If the Review has incurred extra fees to retrieve the package from Australia Post, these charges will also be borne by the Purchaser before the package can be dispatched again. If the Purchaser is not at fault for such fees, they must be reclaimed from Australia Post directly and not the Review.

If a package is returned to the Review damaged, the Review will not be responsible for replacing the goods but will make every effort to add extra protection to resend the package once the extra delivery fee payments have been made. All Review products are checked for visible defects prior to shipment and all external damage disputes must be made against Australia Post, except to the extent required by law.

The Review is not responsible for any Australia Post faults, including damage to or destruction of products or failure to make reasonable delivery. The Review will gladly assist the Purchaser, should they choose to lodge a claim against Australia Post. The Review will provide a replacement copy of damaged products if Australia Post agrees to reimburse the Review for its loss.

If a Purchaser no longer wishes to receive a previously shipped item, no refund will be provided due to incorrect or insufficient address details, unless required by law.

If the Review is found to be responsible for incorrectly addressing a package then the Review will resend, replace or refund the items not delivered or delayed at no extra cost to the Purchaser.

12.0 OVERSEAS ORDERS

Overseas Orders may be requested by contacting the Review by email at mulr-aglc@unimelb.edu.au.

Postage rates will be calculated in accordance with shipment location and parcel weight, and may vary from order to order. Overseas Purchasers may request that their Overseas Order be shipped using standard or tracked mail. A higher postage rate will be charged for tracked mail.

The Review will confirm the Overseas Order cost with the Purchaser before issuing a tax invoice. A tax invoice will be provided to the Purchaser by email once the overall cost has been approved by the Purchaser.

Payment must be made upfront by electronic funds transfer or cheque for all Overseas Orders. Such orders are to be made and paid in Australian dollars (AUD).

If the Review issues a tax invoice for an Overseas Order and does not receive payment within 30 days, the order will be cancelled. The Overseas Order must thenceforth be placed again by the Purchaser, and different postage rates may be deemed to apply.

The Review is unable to offer any refunds or returns for Overseas Orders due to Change of Mind, except to the extent required by law. Damaged, faulty or incorrect items are subject to refund or return if sufficient evidence of a defect or mistake is provided to the Review. Please refer to Section 10 for further information.

13.0 OUTSTANDING BALANCES

Outstanding balances apply only to retailers that establish an account with the Review and do not make payment upfront.

The payment term for tax invoices issued by the Review is strictly 30 days.

In relation to Purchasers with an outstanding balance, the Review reserves the right to:

• withhold Orders or Overseas Orders placed until the balance has been finalised;
• permanently close the Purchaser’s account to future Orders or Overseas Orders with the Review; and
• pursue the Purchaser to the full extent of the law to reclaim the debt.

Purchasers who wish to enter a payment plan with the Review are advised to contact the Review by email at mulr-aglc@unimelb.edu.au as soon as practicable

14.0 LEGAL RIGHTS

Nothing in these terms or conditions is intended to limit the operation of the Australian Consumer Law or related Purchaser rights and entitlements. If in doubt as to interpretation, this policy ought to be read so as to uphold consumer rights under federal and Victorian law.

15.0 QUERIES

All queries relating to this policy, as well as sales of AGLC or the Review Journal generally, should be made via email to the Publications Manager at mulr-aglc@unimelb.edu.au.