1 About these Terms and Conditions
In these terms and conditions 'we' and 'us' mean Playbill Pty Ltd and 'you' means the person placing the relevant Order. In these terms and conditions words spelt with initial capital letters are defined terms. These terms and conditions together with your Order constitute the contract between us and you for the supply of Products. No other terms and conditions shall apply. The contract cannot be varied unless we agree to vary it in writing
2 Placing Your Order
2.1 To place an Order you must be (and by placing an Order you warrant to us that you are) 18 years of age or over.
2.2 You may place an Order by:
2.2.1 Filling in the Order Form on www.playbill.com.au to be found at www.playbill.com.au and clicking on the 'Check Out' Button;
2.2.2 Telephoning us on +61 2 9921 5353 between 08:30 and 17:30, Australian Eastern Standard Time, Monday to Friday (excluding public holidays).
2.2.3 Filling in the Order Form and sending a hard copy to us by fax on + 61 2 9449 6053; or
2.2.4 Filling in the Order Form and sending a hard copy to us by post to:Playbill Pty Ltd PO Box 410 Paddington, NSW, 2021 Australia.
2.3 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions and on no other terms or conditions. We may or may not accept your offer at our discretion.
2.4 Information contained in the Playbill On-line Shop constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products. A binding contract between us and you arises upon our acceptance of your Order.
3 Supply of Your Products
3.1 Subject to these terms and conditions, we will, following our acceptance of your Order, supply you the Products indicated on your Order Form.
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 GST/VAT/Sales Tax is payable by you at the applicable rate indicated on your Invoice when ordering products being shipped to a domestic address.
4.2.1 GST/VAT/Sales Tax will be deducted on all orders when ordering products being shipped to an international address as per applicable tax laws. Note that we have multiple distribution offices located around the world. By international address we mean an address that is not located in the same country from which the merchandise is distributed.
4.3 Delivery costs are payable by you as indicated on your Invoice.
4.4 We reserve the right to change prices without prior notice.
5 Paying for your Products
5.1 You may pay for your products by the methods of payment as displayed on the payment section of the Playbill On-line Shop.
5.2 All online orders will automatically be processed in the local currency of the distribution office. If you live outside of the country of the distribution office your credit card company/bank will convert this purchase price to your local currency at the prevailing exchange rate. Note that Playbill has no control on the exchange rate that will be applied.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when you place your order. In the event that your order is not accepted by Playbill, or we are unable to supply the item you have ordered, we will contact you by email so that your account can be credited.
5.4 If you are paying by cheque, your Products will be shipped after your payment is cleared.
5.5 For all orders from outside Australia payment is only accepted by credit card for internet orders or International Money Order in Australian Dollars for orders sent by mail.
6 Delivery of Your Products
6.1 Unless otherwise agreed by us, we will deliver your Products to the billing address as indicated on your Order Form.
6.2 We will use our best endeavours to dispatch your order by the delivery option selected, within 7 days. This timeframe is not guaranteed and depends on stock availability.
7 Your Right to Return the Products
7.1 If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the Product returned if you contact us within 10 days of delivery of the Product to you. We will not be liable for postage or any other delivery costs incurred by you in returning Products to us. To obtain a refund in this way, all items returned must be in new condition.
8.1 You accept that the entire content of the Playbill Website is protected by copyright and that Playbill Pty Ltd is either the proprietor or licensee of all copyright in the material contained thereon. Playbill Pty Ltd reserves all its rights as Copyright Proprietor/Licensee of the Playbill On-line Shop and prohibits without limitation downloading, distribution, exhibition, copying, adaptation, reposting, modification of and dealing in any copyright material contained therein save as expressly provided herein without the express written authorisation of Playbill Pty Ltd.
8.2 You are advised that any and all images of people and/or places and/or events are lawfully used by Playbill Pty Ltd and that any misuse of these images by you is prohibited. You are further reminded that any such misuses of images may be a violation of copyright law, trade mark law, rights of privacy, publicity and personality, laws of defamation and/or obscenity, communications regulations and other legal provisions.
9 Our Liability
9.1 If you are a Consumer, nothing in the Terms & Conditions shall limit or exclude our liability to you for breach of any term implied by statute.
If you are not a Consumer:
9.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of Services;
9.1.2 there are no conditions or other terms that are binding on us except as expressly stated in the Contract; and
9.1.3 any condition warranty or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded to the fullest extent permitted by applicable laws.
9.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
9.3 Subject to Conditions 9.1 and 9.2, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.4 Subject to conditions 9.1, 9.2, 9.3, our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
10 Force Majeure
We will not be liable for any loss or damage suffered or incurred by you arising from any delay or failure by us to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
11 Governing Law and Jurisdiction
11.1 The Contract shall be governed by and construed in accordance with Australian law.
11.2 Both we and you submit to the exclusive jurisdiction of the Australian courts.
12 Defined Terms
'Condition' means a condition contained in these terms and conditions.
'Contract' means these terms and conditions with your order.
'Consumer' means a customer who purchases Products otherwise than in the course of a business.
'Invoice' means the invoice or receipt issued by us to you for your purchase of Products.
‘Playbill On-line Shop’ means a sub-section of our Web Site found at www.playbill.com.au .
'Order' means an order placed by you in accordance with these terms and conditions.
'Order Form' means the electronic order form on the Playbill On-line Shop.
'Product' means any product listed in the Playbill On-line Shop which we agree to supply to you on these terms and conditions.
13 Data Protection Information
Any information which you supply, which you have previously supplied or which we may hold about you in the future may be held on our database which will allow us to reflect all the connections that you have with us and support out service to you. The information may also be used for the prevention of fraud and for statistical and research purposes.