Terms of Use

Welcome to The Better Homes and Gardens Shop website ("the Site") which is owned, controlled and operated by Pacific Magazines Pty Limited (ABN 16 097 410 896) ("Pacific").

These Terms of Use are important and you should read them carefully. Your use of and access to the Site and purchase of goods or services via this Site is conditional upon your acceptance of and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories).

Where products are displayed for sale on the Site, we will indicate whether the Vendor is Pacific Magazines (us), or someone else. Where the Vendor is Pacific Magazines, those products are sold by Pacific in its own right and are described as “Our Products” in these Terms of Use. Where the Vendor is someone else (eg: Smith Pty Limited), those products are sold by Pacific as agent for that Vendor and are described as “Supplier’s Products” in these Terms of Use. You will be bound by the terms in these Terms of Use which relate to the type of product you are purchasing, whether Our Product(s) or Supplier’s Product(s).

Your use of, and/or access to, the Site constitutes your agreement to these Terms of Use. Pacific reserves the right to amend the Terms of Use at any time. Any changes will be published in this web document. Since you are bound by these Terms of Use (‘this contract’), you should periodically refer to this web document to monitor changes.

Your purchase of Supplier’s Product(s)

If you place an order for a Supplier’s Product, you are placing an order with the Supplier of the Supplier’s Product, and not Pacific. We make the Supplier’s Products available for purchase (including by taking orders and collecting payment) as the agent of the Supplier, and not on our own behalf.

When you place an order to purchase a Supplier’s Product via this Site, you are making an offer directly to the Supplier. If the offer is accepted by the Supplier you will receive an email acknowledgement of order from Pacific (acting as agent for the Supplier). No offer shall be deemed to be accepted by the Supplier until such time. The contract between you and a Supplier will be entered into in Australia and will relate only to those goods and/or services notified in the email acknowledgement of order.

If a Supplier accepts your order for the purchase of a Supplier’s Product, then an agreement is formed between you and the Supplier and you have rights directly and only against the Supplier with respect to that purchase, and not us. We are not a party to that agreement.

Your purchase of Our Product(s)

If you place an order for Our Product(s), you are placing an order with Pacific. We make the Our Products available for purchase in our own right, so when you place an order to purchase Our Product(s) via this Site, you are making an offer directly to Pacific. No order shall be deemed to be accepted by Pacific until we issue an email acknowledgement of order. The contract between you and Pacific will relate only to those goods and/or services notified in the email acknowledgement of order.

If Pacific accepts your order for the purchase of Our Product(s), then an agreement is formed between you and Pacific and you have rights directly against Pacific with respect to that purchase.

Purchase and pricing

In addition to the terms which relate to your use of the Site, the following terms relate to your purchase of Our Products and Supplier’s Products.

You must be an Australian resident to be eligible to purchase from this Site.

When you place your order to purchase Our Products or Supplier’s Products, the terms with respect to ordering and delivery are governed by these terms.

You must be over 15 to purchase Our Products and Supplier’s Products, so if you are under 15 years old, ask your parent or guardian to buy for you. Where Supplier’s Product is alcohol, you must be 18 years old.

When you purchase Our Products or Supplier’s Products, any delivery costs payable in addition to the price will be stipulated. We do not ship outside Australia.

All orders placed on this Site are quoted and charged in Australian dollars and, unless we state otherwise, all prices are inclusive of GST. All product prices are set out on the Site and we may update them from time to time (including on behalf of Supplier with respect to Supplier’s Product(s)) and neither Pacific nor Supplier provides price protection nor refunds in the event of a price change or promotional offering. In the case where the product you order is sold out we will offer (including on behalf of the relevant Supplier with respect to Supplier’s Product(s)) a full refund.

Any special offers cannot be used in conjunction with any other discounts or offers.

Payment options

Payment must be made in full at the time of your order. For purchases of both Our Product(s) and Supplier’s Product(s), we only accept payment (including on behalf of the relevant Supplier with respect to Supplier’s Product(s)) by credit card and accept Visa and Master Card.

Delivery

Both Our Product(s) and Supplier’s Product(s) will be posted by a third party carrier. Please see shipping information on each product listing page on the website for information on delivery.

It is vital that the details that you give us are correct. Neither Pacific nor Supplier (as applicable) is liable for any errors that you make. Also, you must ensure that Pacific has your new address details if you move.

Refunds and returns

For purchases of both Our Product(s) and Supplier’s Product(s):

You can return or exchange any item, for any reason, within 30 days of receipt, provided you comply with these Terms of Use.

If the item you wish to return is faulty, the appropriate Supplier will either require photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it. Once the faulty item is received, you will be offered a full refund or replacement, whichever you prefer.

If you change your mind on a purchased item, once the item has been received by us or the relevant Supplier (as applicable), you will receive a refund of the price paid (less any shipping costs). Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot provide a refund (including on behalf of the Supplier with respect to Supplier’s Product(s)) until the item has been received.

You can only exchange items from us or the same Supplier (as applicable) to the same or lower value than your original purchase. If you wish to return a product you have purchased on this Site, please contact our customer service team for the Supplier’s address details or our details (as applicable) and ensure to include a stamped, self-addressed post pack with your returned product so that an exchange item can be sent to you.

All items being returned must be in original condition and packaging and not be affected by being used in an abnormal way, or reduced in value by delay on your part.

If for any reason a Supplier’s Product or Our Product(s) you have ordered is not available or out of stock, we will also refund you (including on behalf of Supplier in relation to an order for Supplier’s Product(s)) and in this case any shipping costs will be refunded.

Please note: Neither we nor our Suppliers are able to return or exchange an item that is not being returned or exchanged by the original purchaser.

If you intend to seek a refund or replacement, you must email or call Customer Service to obtain prior approval (including on behalf of Supplier with respect to Supplier’s Product(s). Please include the order number and reason for the return.

Better Homes and Gardens Magazine subscriptions

If you are purchasing a Better Homes and Gardens magazine subscription from the Site (for 6, 12 or 24 months), the following additional terms apply (and override the general Terms of Use to the extent of any inconsistency):

  • Pacific agrees to deliver a copy of the Better Homes and Gardens magazine to you each month during the subscription period.
  • The price will cover the cost of the magazine and all delivery costs within Australia. It will take us between 3-5 weeks to arrange for delivery of the first magazine to you.
  • If you do not get a magazine when you expect it, please call and we will gladly check this for you. However please don't consider your magazine late until two or three days after it goes on-sale in stores.
  • All special offers on subscriptions (for example, a gift) will have expiry dates. This is the date by which we must receive BOTH your request for a subscription and full payment for the subscription, so please take into account that post takes time to arrive and cheques take days to clear.
  • If you are entitled to a gift with your subscription, please allow 28 days for it to be delivered.
  • Pacific does not allow you to use more than one special offer when you subscribe - for example, if you are getting a free gift, you cannot also use a discount offer.
  • Unfortunately there may be instances where cover gifts that come with an issue of “Better Homes and Gardens” cannot be sent out to subscribers.
  • If you want to cancel your subscription, you can do so at any time however you agree that Pacific may not give you a refund during your initial 12 month term (except on offers that are marked full refund offers). Pacific will give you a refund on your subscription after the initial 12 month term. If a refund is available you will only receive a refund for the magazines that you have not yet received. Pacific calculates this by dividing the amount you paid by the number of magazines you ordered, giving us the cost per magazine. We then refund that amount for each of the magazines that you did not receive.
  • We will refund your money by sending a cheque.
  • Please note that it takes us 5 days to cancel an order so you may end up getting one more magazine after you cancel. You will have to pay for all magazines that you receive.

Customer service

If you have any questions relating to your purchase of Our Product(s) or Supplier’s Products or for general enquires you can contact us via phone on 1300 745 898 OR send us a message at customerservice@bhgshop.com.au.

Research

When you purchase Our Product(s) or Supplier’s Products, you acknowledge and agree that you may be invited by Pacific Magazines to participate in feedback surveys, online surveys and/ or focus groups.

Privacy

Pacific and its Associated Entities are collecting your personal information for the purpose of establishing and administering your access to the Website (along with any future service we provide and which requires logging in) (where applicable), managing your Website newsletter subscription (where applicable), providing you information (such as Project Sheets), processing and managing your purchase (including on behalf of Supplier with respect to Supplier’s Product(s)) (where applicable) and for the purpose of understanding our audiences. If you use your Facebook ID or Google ID to log into this Website, you also consent to us collecting your personal information (such as your public profile including name and email address) from Facebook or Google (as applicable) for these purposes.  Pacific will otherwise handle your personal information in accordance with Pacific’s Privacy Policy which is available at www.sevenwestmedia.com.au/privacy (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information).  By logging in, registering to receive our Website newsletter and/ or where you elect to provide us with additional information about you and your interests from time to time, you agree to the terms of the Privacy Policy.  Without limiting the foregoing, Pacific may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Pacific.  In addition, by logging in to access the Website, registering to receive the Website newsletter and or particular information such as Project Sheets, and/ or purchasing Products from this Site, you consent to:

  • Pacific using your personal information for the purpose of Pacific and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners. We will always provide you with the ability to opt out of those communications; and
  • Supplier (that is, of the Supplier’s Product(s) you have purchased) using your personal information for the purpose of Supplier and its related entities sending you information regarding programs, products and services available through them.

You also agree that we may use proprietary measurement software in the Website which will allow users to contribute to market research or audience ratings services.

Site Access & Use

All information, text, material, graphics, software and advertisements on the Site ("Content") are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Pacific.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Pacific or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Pacific.

The Site contains links to other websites outside the Site for your information and convenience. Pacific makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Liability

Pacific and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Pacific.

Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and other state based legislation, certain warranties and conditions (“Implied Terms”) are implied into your contract with us (in relation to your purchase of Our Product(s) and Supplier (in relation to your purchase of Supplier’s Product(s)). The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we and Supplier (as applicable) exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.

You understand and agree that Pacific and Supplier (as applicable) have no warranty obligations or other liabilities to you under this contract.

We and Supplier (as applicable) exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our personnel or Supplier’s personnel (as applicable) in connection with this contract:

  • On behalf of and for the benefit of our suppliers; and  
  • for ourselves, except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Australian Consumer Law).

In addition, our liability and Supplier’s liability (as applicable) for breach of a condition or warranty implied into this contract is limited:
in the case of goods, to any one of the following as determined by us (to the extent such liability is with respect to Our Product(s)) or Supplier (to the extent such liability is with respect to Supplier’s Product(s) (as applicable):

  • the replacement of the goods or the supply of equivalent goods; or
  • the repair of the goods; or  
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or  
  • the payment of the cost of having the goods repaired; in the case of services, to any one of the following as determined by us (to the extent such liability is with respect to Our Product(s)) or Supplier (to the extent such liability is with respect to Supplier’s Product(s) (as applicable):
  • the supplying of the services again; or  
  • the payment of the cost of having the services supplied again.

While Pacific does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.

Subject to the Implied Terms:

  • Pacific does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
  • You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.
  • You acknowledge that Pacific, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site.
  • You acknowledge that Pacific is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
  • You expressly acknowledge and agree that Pacific does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

Nothing in these Terms shall limit or exclude our liability nor Supplier’s liability for death or personal injury caused by our or their negligence.

To the extent permissible by law, neither Supplier nor Pacific will be liable under these Terms 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.

To the extent permissible by law, Supplier’s and Pacific’s maximum aggregate liability under these Terms 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.

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

Our Product(s) and Supplier’s Products are provided for your personal, non-commercial use, and may not be resold, in whole or in part.

You agree to indemnify and hold Pacific and Supplier harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against Supplier or Pacific alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of this agreement with you (as contained in these Terms).

These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.

Entire Agreement

In relation to your purchase of Our Product(s), these terms constitute the entire agreement between the Pacific and you in relation to Our Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to Our Products.

In relation to your purchase of Supplier’s Product(s), these terms constitute the entire agreement between the Supplier and you in relation to the Supplier’s Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Supplier and you in relation to the Supplier’s Products.

Termination

The Terms of Use are effective until terminated by Pacific (including on behalf of Supplier to the extent they relate to Supplier’s Product(s). Pacific may terminate this agreement, your subscription and/ or your access to the Site (including on behalf of Supplier to the extent they relate to Supplier’s Product(s)) at any time without notice, including but not limited to, for breach of these Terms of Use. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses and waivers granted by you and all Pacific and Supplier disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.

Copyright 2016 Pacific Magazines Pty Limited