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. Delivery of Digital products
6. Returns and refunds
7. Intellectual Property Rights
8. Disclaimer and limitation of liability
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:
Terms and conditions of use for the Lonely Planet website, which can be found at http://www.lonelyplanet.com/legal/website-terms (Website Terms); and
(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. “Us”, “we”, “our” or “Lonely Planet” when mentioned within these Terms and Conditions will refer to:
Lonely Planet Publications Pty Ltd, (ACN: 005 607 983) located at The Maltstore Level 3 551 Swanston Street, Carlton, Victoria 3053 if you are situated in Australia;
Lonely Planet Publications, Inc. (A Californian Company) located at 124 Linden Street, Oakland CA 94607, USA if you are situated in the Americas;
Lonely Planet Publications Limited, (Company Registration Number: 03970495) located at 240 Blackfriars Road, London, SE1 8NW if you are situated in the United Kingdom. Our registered VAT number is 538834511; or
Lonely Planet Global Limited, (Company Registration Number: 554153) located at Unit F, Digital Depot, The Digital Hub, Dublin 8, Ireland if you are situated in Ireland, the European Union (except the UK), the Middle East, Central Asia, Africa, Asia or the Pacific (including New Zealand but excluding Australia).
It’s important that you read the Terms carefully as they will govern the agreement (also called a contract) between us if you use the site and/ or buy products from the Online Shop.
If you access or use the Online Shop we will take that to mean that you agree to the Terms. If you make a purchase from the Online Shop, you will accept the Terms by ticking a box during the sales transaction. In both cases, these Terms are binding on you. If you don't agree, please refrain from using the Online Shop. We may change the Terms 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. You can see the date we last changed the Terms noted above. If you continue to use the Online Shop after we’ve changed the Terms, then you agree to the new Terms.
How to contact us
You can contact us by writing to us here.
If we need to contact you, we will do so by telephone or in writing to the email address or postal address or telephone number you provide to us in your order.
The Online Shop is an internet service that allows you to browse and purchase a selection of our products, including 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. If you can’t find the answer you’re looking for in the FAQ’s, then please contact us and we’ll do our best to help.
You must be eighteen years old or older to use the Online Shop. While we use all reasonable endeavors to make sure that the Online Shop is available 24 hours a day, 365 days of the year, 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.
During the order process, you may choose a username and password. You are responsible for your account and all actions taken under that username and password. You must only purchase from the Online Shop under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it immediately. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to contact us as soon as possible
We have the right to end our agreement with you for your use of the Online Shop if you breach these Terms or if we suspect you have breached these terms or are engaged, or are about to be engaged or have been involved in fraudulent or illegal activity in connection with the Online Shop or on the site.
When placing an order, you agree that any and all information you give us is accurate and complete.
All orders are subject to acceptance and product availability. All prices listed on the Online Shop are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.
No contract for the sale of any product will exist between you and us until we accept your order by emailing the confirmation invoice to the email address given in your order and will detail products ordered, payment method, cost (including P&P) and the shipping method.
You must check all the details on this confirmation invoice are correct and contact us as soon as possible if any details are incorrect.
If your order cannot be processed , you will receive an email from us telling you the reasons why and our proposed solution. If you’re not happy with the proposed solution, you may decide to cancel your purchase and obtain a full refund.
Discount vouchers, codes and offers cannot be used on sale/ already discounted products unless otherwise stated.
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 and Visa Electron. You can also use PayPal. All purchases will be charged to your nominated card or account upon submission of your order. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. We use a payment processor called “Worldpay” to process your online transaction on our behalf. For more information on Worldpay, please see the section headed “Privacy” below. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non- delivery.
We are sorry that we cannot accept personal cheques, cashier’s cheques, money orders or direct deposits.
For more information on how to place an order online, please see out Ordering and Payment FAQ’s
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 you are in a different country to the Lonely Planet company that you’re buying from, as listed in the introduction above)depending on the card issuer and type of credit card. This is generally between 1-3% of the purchase total, but it may be higher. 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 so we 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 products to some regions may incur a customs/sales tax that is payable on delivery of the physical items that you have ordered. Please check your local tax laws and review our FAQ’s on Ordering and Payment 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 as Lonely Planet does not receive any amount of these additional taxes.
Credit card verification codes
Unless you have a Shop Account, 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. For American Express: The four digit number that appears in the top right corner on the front of the card.
Creating an Account and Stored Card Details
When you complete a transaction in the Online Shop, we may ask if you’d like the Online Shop to remember your details by creating an account (Shop Account) . If you create a Shop Account, your transaction details (name and address) will be securely saved by our Online Shop platform provider so that future purchases are easier and quicker for you. Your payment card details will also be encrypted into a secure token by Worldpay (who provide payment services to the Online Shop).
No one has access to your card details within the secure token (the Token). Our Online Shop provider stores the Token for up to four years. The last four digits of your card number and its expiry date will be visible to you (from the Token) when you log into your Shop Account using your username and password. If you would like to close your Shop Account, please email email@example.com.
The terms set out in this clause 4 apply only in relation to the purchase of physical products through the Online Shop. For digital products, please see section 5 below. For more information on delivery, including international brokerage charges and international transaction charges, please see the Delivery Information FAQ’s.
Delivery methods and charges
We send your purchased products to you by postal service. Most purchased products will be sent by standard post.
We can deliver to all the countries that are listed in the drop-down menu at the top right of the Online Shop homepage. If your country isn’t there, we’re sorry that we can’t deliver to you at the moment.
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 and check them carefully before you click “pay” as we can’t amend mistakes afterwards. We may not be able to process your payment or deliver your products if the information you provide is incorrect.
Except as set out below, shipping charges will apply for delivery of physical products purchased from the Online Shop. These shipping charges will be notified to you at the time of your purchase. Shipping charges are based on weight and distance and vary slightly from each of our three main locations, being Melbourne (Australia), Colchester (UK) and Lebanon (Indiana, USA). By making a purchase, you agree that you accept the shipping charges that have been notified to you.
As of June 2018, standard shipping in Australia is tracked via Australia Post's eParcel service, and costs $3.95 for deliveries anywhere in the country. Free shipping kicks in when you spend over AU$60.
Similarly, in the UK, USA, Canada and Europe respectively, if you spend over UK£25 / US$40 / C$50/ EU€35 in any one transaction on products from our Online Shop, we will ship the products purchased in that transaction for free*.
*This does not apply to products to be delivered to the Caribbean, Asia & the Pacific, New Zealand, Central America or South America, or to first class mail deliveries shipped to the Americas or the Armed Forces.
In some regions, you will be able to elect through the Online Shop to have your purchased products 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 EU/ UK consumers, please note that if you choose an available option of express delivery you will not be refunded the additional cost of the Express Delivery over the cost of Standard Delivery if you decide to return your goods within the cooling off period of 14 days.
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 products to you as soon as they are in stock. Estimated publication dates are listed on the relevant product page.
Please see our FAQ page for an indication of estimated 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 products are returned to us by the postal service because you haven’t taken delivery, we will contact you to let you know. If the product has been returned to us as a result of our error, we will re-send the product to you by standard post for no extra charge.
If you provide an incorrect delivery address and the order is returned to us, or you fail to take delivery, we will either:
- redeliver the product to the correct address, if provided, subject to payment of additional delivery costs, or
- refund the value of the product (excluding delivery costs) dependent on whether it remains in a resalable condition. You will be responsible for any additional charges incurred including re-delivery costs.
If the order is not returned to us, you will not be eligible for a refund or re-delivery. Lonely Planet accepts no responsibility for deliveries made to incorrect or incomplete addresses provided by customers. In this case, you will need to place a new order with the correct details.
Please note, we will not be able to amend a delivery address once the order has been placed.
When you purchase a digital product through the Online Shop, there are a number of ways in which you can download your ebook. Firstly, there will be hyperlinks on the order confirmation screen. Secondly, we will promptly send you an email containing a link from which you can download the digital products you have purchased. Finally, you can access the download link from your account page. 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.
When buying eBooks, it's important to be aware that content changes from edition to edition, so use the previews to determine if you are making the right choice; and download and save your files before you hit the road, because you can't count on getting a good internet connection wherever you go!
Returns and refunds are managed on a case by case basis, so depending on the circumstances they can take a variable amount of time to process. Where refunds are granted, payments will be initiated within a business day. Please be aware that these payments can take up to 5 business days to process and appear on your bank statement. See below for more information regarding the terms and conditions around returns and refunds.
Defective or Damaged Products
If your purchase is in any way defective, damaged or not as described in the product’s description page of the Online Shop, please contact us as soon as possible with your proof of purchase, and we will arrange for a replacement product or refund where necessary. For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering (e.g. 3 for 2, % off, free postage offers etc).
Changing Your Mind – if you live outside the United Kingdom or the European Union
If you change your mind, we can provide an exchange on physical products (but not digital products) should certain circumstances change as long as the products are in perfect, unused condition. Please contact us within 30 days of receiving your order, and we can arrange the delivery of your revised order upon our receipt of your original purchase. Re-delivery will incur additional postage charges, which we will make you aware of at the time of re-order.
Changing Your Mind – if you live in the United Kingdom or the European Union
You have the right, under consumer laws, to a “cooling off” period of 14 days from the date you receive your products, during which time you can change your mind and receive a refund (subject to certain deductions – see below).
To change your mind, please let us know within the 14-day cooling off period by contacting us. We will get in touch with you as soon as we can and give you the address to which you need to send your return. You need to make sure you send the products back within 14 days of telling us you want to change your mind. You will need to pay the costs of return postage.
Within 14 days of receiving your returned product, provided it is in a perfect, unused condition, we will refund you the amount you paid by the same method as your original payment, including the initial delivery cost at the least expensive rate. So, for example, if you have paid for express delivery, we cannot refund the additional cost of the express delivery over the cost of the standard rate. For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering (e.g. 3 for 2, % off, free postage offers, etc). We cannot refund any credit card fees, brokerage fees or import duties, as these amounts go directly to third parties, not us.
If we do not receive your returned product, we cannot refund it, so please ensure you keep your proof of return postage.
For more information on returns, please see our Returns Policy.
All intellectual property rights, including copyright, in the content of the Lonely Planet web pages , books and eBooks and trademarks, logos and service marks displayed on the site are owned, controlled or licensed by members of the Lonely Planet group. In accessing Lonely Planet’s web pages, books and eBooks, you agree that you may only download and use the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Lonely Planet web pages, books or eBooks for any other purpose whatsoever without the prior written permission of Lonely Planet. Except as set out above, these Terms do not grant, and nothing in these Terms should be construed as granting any licences or rights to use any of our intellectual property rights.
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. However, we do not accept liability (except as set out below) for any errors/ omissions in our Shop and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
EXCEPT AS PROVIDED BY LAW, WE CANNOT GUARANTEE THAT THE ONLINE SHOP OR PRODUCTS PURCHASED THROUGH THE ONLINE SHOP WILL BE 100% ACCURATE OR UP TO DATE. 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 AND ALL PRODUCTS PURCHASED THROUGH 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 “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED REPRESENTATIONS AND WARRANTIES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, THOSE IN RELATION TO MARCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) 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;
- LOSSES CAUSED BY ANY INNACURACY IN THE INFORMATION YOU PROVIDE TO US, SUCH AS DELIVERY OR PAYMENT INFORMATION; OR
- 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.
WE SHALL HAVE NO LIABILITY TO YOU FOR ANY DELAY IN THE DELIVERY OF PRODUCTS ORDERED OR ANY OTHER MATTERS TO THE EXTENT THAT THE DELAY IS DUE TO ANY EVENT OUTSIDE OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, FLOOD, FIRE, LABOUR DISPUTES, STRIKES, LOCK-OUTS, RIOTS, CIVIL COMMOTION, MALICIOUS DAMAGE, EXPLOSION, GOVERNMENTAL ACTIONS AND ANY OTHER SIMILAR EVENTS.
OUR MAXIMUM LIABILITY TO YOU IN RELATION TO YOUR USE OF THE ONLINE SHOP IS THE AMOUNT PAID BY YOU FOR THE ITEM THAT IS THE SUBJECT OF THE CLAIM.
Nothing in these Terms shall seek to exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or for any liability that cannot by applicable law be excluded or limited.
When purchasing from the Online Shop, you will need to supply us with your ‘personal information’, such as your name, email and delivery address in order to purchase products, or you may choose to subscribe to receive our newsletter.
If you are purchasing products, we collect and use your personal information so that we can fulfil your order and deliver it 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 emails from Lonely Planet with travel and product information, promotions, advertisements, third- party offers and surveys newsletter, we will collect and use your information to send you what you’ve asked for. However, you may unsubscribe at any time using the unsubscribe link at the end of all emails. Or you can contact Lonely Planet here.
Please remember that you can always unsubscribe from any Lonely Planet emails by clicking on the “unsubscribe” link in the footer or the email, or just contact us.
Complaints or disputes
If you have a complaint or dispute with Lonely Planet, we’ll always try to sort it out if you contact us.
If, after contacting us, you’re not happy with the resolution, alternative dispute resolution is available, including at http://ec.europa.eu/consumers/odr/ if you are a citizen of the UK or EU.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Terms govern our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except where that representation has been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
Forms of Communication
You agree that we may contact you by e-mail in relation to your order and these Terms.
Governing Law and Jurisdiction
The law and jurisdiction that applies to these Terms and Conditions are those of:
- Victoria, Australia if you are situated in Australia;
- Fort Mill, SC if you are situated in the Americas;
- England if you are in the United Kingdom;
- Ireland if you are situated in the Ireland, Europe (excluding the UK), the Middle East, Central Asia, Africa, Asia and the Pacific (including New Zealand but excluding Australia).