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Lina - Lonely Planet Shop September 09, 2010

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Lonely Planet Online Shop – Terms and Conditions of Use
 

1. Online Shop
2. Use of the Online Shop
3. Payment, charges, transaction fees and taxes.
4. Delivery and delivery charges
5. Digital products
6. Returns and refunds
7. Intellectual Property Rights
8. Disclaimer and limitation of liability
9. Privacy
10. General

These Terms and Conditions apply to your use of the Lonely Planet Online Shop, which can be found at http://shop.lonelyplanet.com (Online Shop). These Terms and Conditions should be read in conjunction with our:

(collectively, the Terms)

In the event of any inconsistency between these Terms and Conditions and the provisions contained in the Website Terms, the provisions in these Terms and Conditions prevail. In these Terms and Conditions, “us”, “we” or “our” means Lonely Planet Publications Pty Ltd (ABN 36 005 607 983) of 90 Maribyrnong Street, Footscray, Victoria.  

It is important that you understand these Terms and Conditions which relate to your use of the Online Shop.  Your access, use and/or make a purchase from the Online Shop, we will take that to mean that you agree to the Terms and Conditions and that they are binding on you.  If you don't agree, please refrain from using the Online Shop. We may change the Terms and Conditions from time to time (and may or may not let you know that we have), so you should come back to this page regularly to check the Terms and Conditions. 

 

1.     Online Shop

 The Online Shop is an internet service that allows you to browse and purchase a selection of our bound guides (guides) and digital products (digital products).  If you have any problems using, or any questions about, the Online Shop, please refer to our FAQs.   

 

2.     Use of the Online Shop

While we use all reasonable endeavours to make sure that the Online Shop is available 24 hours a day, we cannot guarantee that your access will be uninterrupted or error free. Access may be unavailable temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.

Any links to third party sites appearing on the Online Shop are provided for your convenience only. Your access of third party sites using these links is at your own risk.

 

3.     Payment, charges and taxes

 What forms of payment does Lonely Planet accept?

You may purchase products from the Online Shop with the following credit cards: Visa, MasterCard, American Express, Visa Electron, Eurocard and Solo (UK only). You can also use PayPal. All purchases will be charged to your nominated card or account upon submission of your order.

International transaction charges 

Please be aware that purchases made from the Online Shop with VISA and MasterCard carry an international service charge for cross border transactions (i.e. where the retailer and shopper are in different countries).  All purchases made through the Online Shop are processed centrally in the UK, so all orders placed outside the UK may incur these international service charges.  Not all credit card transactions carry this charge (it depends on your credit card issuer) and the amount varies depending on the type of credit card (generally between 1-3% of the purchase total).  It is your responsibility to be aware of the international service charges that your credit card issuer may charge.  We do not take receipt of these fees and are unable to refund them in any way.

International sales taxes

Depending on where you are in the world, your order from the Online Shop may be subject to a sales tax that is calculated up-front as part of your purchase and will be notified to you at the time of your purchase.

In addition, please be aware that delivery of guides to some regions may incur a customs/sales tax that is payable on delivery of the physical items that you have ordered.  We do not receive any amount of these additional taxes.  Please check your local tax laws before placing your order for any guide to check whether you might have to pay such a tax. If you aren't sure, contact us and we'll do our best to help you.  Being aware of your local tax laws is your responsibility, and we are unable to refund any amount charged at the point of delivery.

Credit card verification codes

We require you to provide your Credit Card Verification Code (or CVC) in order to process your payment.  The CVC is a number that appears on your credit card that allows us to verify that the person placing the order has direct access to the credit card being used.

Finding the CVC code

For Visa and Mastercard: The three digit number that appears on the signature panel on the back of the card. American Express: The four digit number that appears in the top right corner on the front of the card.

Please ensure that you provide accurate credit card details, CVC code, billing address and other information that we request from you in order to process your payment.  We may not be able to process your payment or deliver your products if the information you provide is incorrect.


 

4.     Delivery and delivery charges

 The terms set out in this clause 4 apply only in relation to purchases of guides through the Online Shop.

Delivery methods and charges

 We send your purchased products to you by postal service.  Most purchased products will be sent by standard post.

Except as set out below, if you spend over UK£25 / US$40 / AU$60 / EU€35 in any one transaction on guides in our Online Shop, we will ship the items you have purchased in that transaction for free.  This does not apply to guides to be delivered to the Caribbean, Asia & the Pacific, Central America or South America, or to first class mail deliveries shipped to the Americas or the Armed Forces.  Otherwise, shipping charges will apply to delivery of guides you have purchased.  These shipping charges will be notified to you at the time of your purchase.  We have three main locations, being Melbourne (Australia), London (UK) and Oakland (California, USA).  Shipping charges vary slightly from each and are based on weight and distance.  By making a purchase, you agree that you accept the shipping charges that have been notified to you.  

In some regions, you will be able to elect through the Online Shop to have your purchased guides sent to you by express delivery.  An additional charge, which will be notified to you at the time of making the purchase, will be payable for express delivery.  By making a purchase, you agree that you accept the shipping charges that have been notified to you.   

 For guides shipped via FedEx International Priority to Canada, Central & South America and the Caribbean, you agree to us engaging FedEx, or a local broker hired by FedEx to deliver your guides.  You acknowledge and agree that FedEx may charge you a brokerage fee in addition to any applicable duties or taxes, which may be calculated as either a percentage of the value of the shipment or a minimum fee.  FedEx may either require this fee upfront when you sign for the goods, or it may invoice you by mail.  We receive no part of these fees and cannot provide a refund for any such costs incurred.

It is your responsibility to ensure that the delivery details you provide are accurate and complete.  Otherwise, we will not be able to deliver your guides

Delivery times

If your items are in stock, we will deliver them to you as soon as we can.  In the case of pre-orders, we will deliver the guides to you as soon as we have them.

Please see our FAQ page for an indication of estimate delivery times for the guides you have purchased.  Please note that these times are intended as a guide only, and we are unable to guarantee delivery of your guide by or within a certain time.

Return to sender parcels

 If your guides are returned to us by the postal service, we will contact you to let you know.  If the guide has been returned to us as a result of our error, we will re-send the guide to you by standard post for no extra charge.  If you provided incorrect delivery details, you will be required to pay us an additional postage charge, which will notify to you.  In either event, if you wish to upgrade to express post, you will be required to pay us an additional postage charge, which we will notify to you.

 

5.     Digital products

Once you have purchased a digital product through the Online Shop, we will send you an email containing a link from which you can download the digital products you have purchased.  It is your responsibility to ensure that you provide us with an accurate and valid email address.

You can download each digital product purchased by you up to five times and for a maximum of 60 days from your purchase (whichever expires first).  You can only use your digital product for personal, non-commercial purposes.  You may not share any digital product purchased by you by forwarding or sending it to someone else, or use it for any commercial purpose.

 

6.     Returns and refunds

If your purchase is in any way defective, damaged or not as described, please contact us immediately with your proof of purchase, and we will arrange for a replacement product or refund where necessary.  Where the products you purchased were part of a promotion (e.g. 3 for 2, percentage discount or similar), the refund amount will be calculated against the terms of the offer and postal charges will not necessarily be refunded.

For change of mind returns, we will provide an exchange on guides (but not digital products) should your travel arrangements change.  Please contact us within 30 days of receiving your guides, and we will arrange the delivery of your revised order.  Re-delivery will incur additional postage charges, which we will notify to you. 

 

7.     Intellectual Property Rights

We own or license all intellectual property rights to and in the Online Shop and any products purchased through the Online Shop, including the content in the products and Lonely Planet’s trade marks.  You may not use our intellectual property or trade marks in any way or for any purpose without our prior written permission.

 

8.     Disclaimer and limitation of liability

We use reasonable care and skill to ensure the accuracy of the information we provide through the Online Shop and in all products purchased through the Online Shop. 

Except as provided by law, we cannot guarantee that the Online Shop or products purchased through the Online Shop will be 100% accurate.  The information in the Online Shop or products purchased through the Online Shop is general and may not be suitable for your particular needs.  You should verify critical information (such as advice about visas, health and safety) independently before you travel.  You acknowledge that you use the Online Shop at your own risk. Except as provided by law, the Online Shop and all products purchased through the Online Shop are provided 'as is' and without any warranty or representation, express or implied.  To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms, might apply in relation to your use of the Online Shop or of products purchased through the Online Shop.

We are not responsible for:

  • loss that was not reasonably foreseeable;
  • loss that was not caused by our breach of contract or by our negligence;
  • indirect or secondary loss that arises from any breach by us;
  • losses that relate to a business, such as lost data, lost profits or business interruption, that you or a third person is engaged in;
  • any increase in loss that was caused by your breach of contract or your negligence.

You must take all reasonable steps to minimize the extent of any loss you may suffer as a result of your use of the Online Shop or any products purchased through the Online Shop. 

 

9.     Privacy

 When using the Online Shop, you may choose to supply us with your ‘personal information’ in order to purchase products or to subscribe to receive our newsletter. 

If you are purchasing product, we collect and use your personal information so that we can fulfill your order and deliver your product to you.  Without this information, we would not be able to process your order or contact you if something goes wrong. 

If you’ve opted to subscribe to Lonely Planet’s email, we will collect and use your information to send you what you’ve asked for.

Sleep easy, we will not sell your contact details to marketing companies for spamming, but we may disclose information about you to business partners who help us provide the Online Shop services, such as credit card payment processing companies, PayPal and other companies in the Lonely Planet family.  If you’d like to find out more, please refer to our privacy policy

If you’ve opted to use PayPal to make your purchase through the Online Shop, then you consent to the use of your information by PayPal in accordance with PayPal’s privacy policy.

 

10.     General

The laws of Victoria, Australia apply to these Terms and Conditions. 

If any part of the Terms and Conditions is invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

 
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