Terms and Conditions
LAST UPDATED 7 November 2024
Welcome to the Herald Sun Shop (the Site). These are our Terms of Use for the Site. A person who accesses the Site is referred to as you or User.
Use of this Service and Site
1. The Herald & Weekly Times Pty Limited ABN 49 004 113 937 (News or we), is the owner and operator of this Site.
2. When you access the Site and when you buy any goods through this Site, you agree to be bound by these Terms (being the version of the Terms available on the Site on the date of your access and/or purchase).
3. We may amend these Terms at any time by updating the Terms on the Site. News will include on the Site the date on which it last made amendments to these Terms.
4. You may not access parts of the Site to which you are not authorised or otherwise attempt to circumvent any restrictions (through exclusionary protocols or otherwise) imposed on your use of or access to the Site. Except with our prior written consent, you shall not use robots, spiders, scripts, service, software or any manual or automatic device, tool or process designed to data mine or scrape the content, data or information from the Site, or otherwise access or collect the content, data or information from the Site. For the avoidance of doubt and without limitation, you must comply with any robots.txt file we make available in relation to this Site and, except with our prior written consent, Users may not use the Site or the content made available through the Site in any manner for purposes of text and data mining, training machine learning models or training artificial intelligence technologies.
5. In addition to these Terms of Use, you agree when using the Site to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Site.
Content and functionality of the Site
6. News may alter, suspend or discontinue the Site or any functionality and/or the goods promoted as being available for sale through the Site at any time, with or without notice to you, and, to the full extent permitted by law and subject to the remainder of these Terms, News will not be liable to any user or to any third party should it exercise such rights. We may use automated tools including artificial intelligence tools to assist in creating some content of and operating the Site.
7. You acknowledge and agree that some of our content may not be viewable or accessible from outside of Australia and that there may be other technology or infrastructure related reasons which limit your ability to access our Site at any time.
Intellectual Property
8. All intellectual property in relation to content on this Site and displayed through the Site belongs to News or its licensors, advertisers, merchants or affiliates. You obtain no interest in that intellectual property. All such content is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
9. The logos of the Site are trademarks of News or its related bodies corporate. Other trademarks which may be displayed on the Site from time to time may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or design displayed, without the express written permission of the relevant owner.
Liability & Indemnity
10. News does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. News otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services acquired through your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a) News does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at News’ sole discretion and without notice.
b) News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, except to the extent that loss or damage occurs as a result of our act or omission which constitutes negligence, fraud or gross misconduct.
c) News does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that News or the server that makes it available, are free of viruses or bugs.
Buying Goods on the Site: Registration
11. In order to purchase goods you must register on the Site and agree to these terms and conditions.
12. When you register on the Site, you must provide a password. It is your responsibility to ensure the password is kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your username and password, including any unauthorised use of your credit card except where such activities occur as a result of our act or omission which constitutes negligence, fraud or gross misconduct.
13. When placing your order you agree to provide us with current, complete and accurate details.
14. Your use of the Service must be for personal purposes and personal purchases only.
Buying Goods on the Site: Order and Purchase
15. Each buyer is responsible for any discrepancies or errors in their purchase or order caused by them.
16. The promotion of goods through the Site does not constitute an offer to sell. It is an invitation to treat only.
17. Orders placed by a buyer are offers to purchase goods under these Terms of Use at the price specified (including delivery and other charges).
18. Any order is only finalised when the buyer has completed the checkout process and received an order confirmation from News and News has received payment in full. No goods are reserved while in a shopping cart.
19. News uses automated fraud detection software that may result in an order being delayed or cancelled. Where an order is flagged for fraud detection, News will make enquiries into any potential fraud. If News reasonably believes there may be a credit card or payment related fraud, News reserves the right to reject and refund any order in accordance with the process for cancelling or rejecting an order under these Terms.
20. Buyers must review their order carefully before placing it. Once an order is confirmed and shipped, a buyer is unable to cancel or change the order. If a buyer has any problems with their order, then they must go through the relevant Returns Policy outlined in these Terms.
21. News will notify buyers that goods for which they placed orders have become unavailable and where this occurs, a full refund will be provided. A buyer’s order may be delayed and, if the order cannot be fulfilled within 8 weeks, News will notify the buyer and provide the option either for the buyer to cancel the order and be provided with a refund or wait for the delivery of the complete order at a delayed time or accept an initial delivery of the available goods and then a subsequent delivery of the delayed goods at a later date.
22. Prices are subject to change without notice, except that any such changes will not apply to any order which has been paid for by the buyer.
23. News may apply limits on the quantity which any individual may purchase or which may be purchased in any single transaction. Any such limits will be displayed on product pages.
24. Where product limits are displayed, you must adhere to those product limits.
Cancelling or rejecting an order
25. News may cancel or reject any order or part of any order (including any orders previously accepted) without any liability to you for that cancellation at any time if:
a) News reasonably believes there may be a credit card or payment related fraud (detected prior to the goods being shipped) in relation to the order;
b) an order cannot be shipped to the specified delivery address (or generally);
c) there has been a legitimate error in the price or product description on the Site;
d) the product has become unavailable;
e) News reasonably believes that the order has been placed in breach of these Terms and Conditions or the product specific terms displayed on the Site; or
f) News is unable to successfully process payment for your order.
26. If News reasonably believes you have placed multiple orders either under the same or different registrations, for the purposes of circumventing product limits in breach of clause 25, all orders made by you or which News reasonably believes were made by you may be cancelled or rejected by us without notice to you.
27. If News cancels, rejects or is unable to fulfil an order in accordance with these Terms, we will advise you of that by email to the email address provided in the order, and any payment taken for the relevant order (including any associated delivery fees) will be refunded in full to the original payment method.
28. If News cancels or rejects an order in accordance with these terms, News may decline to enter into any future purchase contracts with you, and may cancel your orders at any time without notice.
29. If you believe that the cancellation or rejection by News in accordance with these terms was unreasonable or unwarranted, you can contact News at hsshop@news.com.au to request a reconsideration of News’ decision and supply information to News in support of your request and position. News will then reconsider its position, acting reasonably.
Price, Payment and Use of Discount Codes
30. The prices of goods, delivery and other charges shown are in Australian dollars.
31. All displayed prices of goods include Goods and Services Tax (“GST”) where applicable. GST will not be added after goods have been purchased.
32. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told through the Service, the price you must pay including, if applicable, GST and any other charges, including any charges for which you are liable to have the goods delivered to the address provided by you (“Delivery Fees”).
33. All Delivery Fees will be calculated at the time of checkout. This includes additional cost for express or courier delivery and bulky items.
34. You must pay for the order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
35. If your payment is not received or is declined by us, your bank, credit card issuer or additional payment method, we cannot and will not hold items against your order.
Shipping and Delivery
36. Subject to these Terms & Conditions, goods will be supplied as shown on your order confirmation, which will be provided to you by email. You should contact us promptly if you believe there is a discrepancy between your order and your order confirmation.
37. All prices on the Site exclude delivery costs. Standard and Express Post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. Delivery costs are displayed in the checkout process before an order is finally placed.
38. Selected goods, at the discretion of News, are delivered by courier and can only be delivered to an Australian street address. Any limitations on delivery will be made clear in the Shipping and Delivery section of the product page on the Site.
39. Expected delivery times are displayed on each product page of the Site. We will use best endeavours to meet any stated timeframes for delivery, however, from time to time particularly during busy periods, shipping service providers may suffer delays beyond our control. Please allow up to 28 business days domestic delivery (and up to 14 business days for express post). You should check the order confirmation email for these details. News does not accept liability for loss or damaged suffered by anyone as a result of any such delays caused by delivery partners and beyond its control.
40. A signature or other age or identity verification may be required for some deliveries and some orders. You are responsible for ensuring you are able to accept delivery. News will not be responsible:
a)for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
b)for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
c)for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item's carrier.
41. News reserves the right to change, modify or discontinue any delivery options at our absolute discretion.
42. We may impose additional terms and conditions as included in the overview, tech specs or shipping & returns information provided on the Site prior to the time of purchase of specific goods. When you order and/or buy goods through this Site you agree to those additional terms and conditions.
Packaging and Labelling
43. We endeavour to depict goods available for order using accurate images of the goods except that for some goods we may display images with an explanation which makes clear that the images do not accurately reflect the appearance of the final goods.
Returns Policy
44. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired, or replaced if the goods cannot be repaired, if the goods fail to meet the consumer guarantees in the ACL and the failure does not amount to a major failure.
45. In the event that the product is damaged or faulty when delivered to you, you may be entitled to a refund or a replacement. Please return the product and full details of the order to News at Herald Sun Shop, REPLY PAID 14744, Melbourne VIC 8001 within 14 days of receipt of the order by you. You can also call the Herald Sun Shop on 1300 306 107 or email hsshop@news.com.au with your enquiries in this regard.
46. Depending on the circumstances and in accordance with the ACL, if you are entitled to a refund or replacement, News will either replace the Product and send it to you at the same delivery address or provide a full refund of the Purchase Price.
47. In the event that you return any goods to News in accordance with Clause 45, and News can demonstrate that the goods were not faulty or damaged when received by you, News reserves the right to return the product to you.
48. Refunds will not be given solely if you change your mind about the order or make an incorrect product selection. Please choose your product selection carefully.
Applicable Law
49. These conditions of use and all other conditions, notices and disclaimers which appear on the Site are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them.