Terms and Conditions
These terms and conditions are the contract between you and Seventh-day Adventist Church (SPD) Ltd (ACN 093 117 689) trading as Hopeshop. By visiting or using the Hopeshop Website www.hopeshop.com, you agree to be bound by them.
Our address is: 3485 Warburton Highway, Warburton VIC 3799.
You are: Anyone who uses the Hopeshop Website.
Please read this agreement carefully. If you do not agree with it, you should leave the Hopeshop Website immediately.
The terms and conditions:
In this agreement:
“Content” means any content in any form published on the Hopeshop Website by us or any third party with our consent.
“Customer” means the person placing the order on the Hopeshop website. This may or may not be the order recipient.
“Delivery Provider” means any person or business contracted by us to carry Goods from us to you.
“Digital Goods” means any electronic Goods.
“Goods” means any of the goods (including print and electronic goods) we offer for sale on the Hopeshop website, or, if the context requires, goods we sell to you.
“Payment Service Providers”
means any online payment provider we use, including but not limited to PayPal and Windcave.
“Subscription” means the supply of Goods for a fixed period of time such as 6, 12, 18 or 24 months, or such other period of time so specified by us.
“The Hopeshop Website” means the Hopeshop website and all web pages of the Hopeshop website controlled by us.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to the Hopeshop Website.
2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. If you use the Hopeshop Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2. Because we rely on our suppliers, we do not guarantee that Goods advertised on the Hopeshop Website are available.
3.3. We may change these terms from time to time. The terms that apply to you are those posted here on the Hopeshop Website on the day you order the Goods.
3.4. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.5. If in future, you buy Goods from us under any arrangement which does not involve your payment via the Hopeshop Website; these terms still apply so far as they can be applied.
3.6. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Making a purchase
4.2. When you make a purchase on behalf of another individual:
4.2.1 you warrant that you are authorised to provide us with that individual’s personal information; and
4.3. All Goods sold are for personal use only and not for re-sale.
5. Acceptance of your order
5.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
6. Your account
6.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
6.3. If you use the Hopeshop Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
6.4. You agree to accept responsibility for all activities that occur under your account or password regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or account.
6.5. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password
6.6. We exclude all liability to the extent permissible at law for any unauthorised use of your account and you agree to accept responsibility for all activities that occur under your account or password.
6.7. You consent to the receipt of email and other forms of communication from us containing information and offers about products and services available on our Website.
7. Price and payment
7.1. The price payable for the Goods that you order is clearly set out on the Hopeshop Website.
7.2. It is possible that the price may have increased from that posted on the Hopeshop Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
7.3. Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside Australia, GST may be deducted at the payment point.
7.4. Prices are displayed in Australian dollars (AUD). Payment is to be made in Australian dollars and you will be charged the price in Australian dollars regardless of your delivery location.
7.5. Any currency conversion fees or rates or charges for payment to be made in Australian dollars are determined by your credit card provider or a Payment Service Provider. We are not liable to you for any of these costs.
7.6. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
7.7. Information given by us in relation to exchange rates (if any) are approximations only and may vary from time to time.
7.8. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we despatch it to you.
7.9. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page the Hopeshop Website before we ask you to pay.
7.10. If we owe you money, we will credit your credit or debit card as soon as reasonably practicable from the date when we accept that repayment is due.
7.11. Following the provision of a refund to you, you will no longer have the right to access the applicable Goods purchased from us.
7.12. The price and availability of Goods is subject to change at any time.
8. Online payment security
We take care to make the Hopeshop Website safe for you to use.
8.1. Card payments and other forms of electronic payment including but not limited to Payment Service Providers such as PayPal and Windcave are not processed through pages controlled by us. These online Payment Service Providers who will encrypt your card or bank account details in a secure environment.
8.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
8.3. We do not make any representation or warranty of any kind in respect of the services provided by online Payment Service Providers and expressly exclude any liability for loss relating to the use of these Payment Service Providers.
9. Digital Goods
9.1. To use the Digital Goods, you may need a compatible device, working internet access and compatible software. Your ability to use the Digital Goods and the performance of the Digital Goods may be affected by these factors.
9.2. You are responsible for determining whether your user device is compatible with the Digital Goods that you purchase from our Website. For recommended specifications, consult the product listing or alternatively the publisher or distributor.
9.3. The Digital Goods on our Website enables you to view, download, display and use on your devices, including but not limited to mobile devices and personal computers (each a “Device”) a variety of digitized electronic Goods, such as books, video files, audio and other Digital Goods.
9.4. Following payment of the applicable fees for an item of Digital Goods, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download copies of the applicable Digital Goods to your Devices and to view, use and display the Goods, subject to restrictions set forth herein.
9.5. You agree that any item of Digital Goods you access will be for personal and non-commercial use only.
9.7. Your use of Digital Goods purchased from this website may be restricted by Digital Rights Management (“DRM”) controls embedded in the products. We are not liable for the operation of any DRM. You should check any applicable user or licence terms of the Digital Goods prior to purchasing.
9.8. The right granted to you does not include any licence or permission to use the Digital Goods or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use.
9.9. Without limiting any other rights we have at law, your access and use rights granted by us terminate if you do not comply with these terms and conditions.
9.10. If we or the applicable copyright holder loses the right to provide you with any Digital Goods, we will cease serving such Digital Goods to you and you may lose the ability to use such Digital Goods.
9.11. You may not sell, rent, lease, distribute, broadcast, transfer or assign your right to the Digital Goods or any portion of it, to any third party except as expressly permitted by us.
9.12. You may not remove any watermarks, labels or other proprietary notice on or in the Digital Goods.
9.13. You agree you may not access nor attempt to access any Digital Goods that you are not authorised to access.
9.14. You acknowledge and agree we may place limits on the number of devices and/or software application you may use to access Digital Goods and that such limits may be varied at any time at our discretion.
9.15. You acknowledge and agree that we may record and store the unique device identifier numbers of your devices in order to enforce such limits.
10. Gift cards
10.1. Gift Cards are valid for three years from their date of issue.
10.2. Gift Cards are only redeemable for Goods on the Hopeshop website, are non-refundable and cannot be used in store or for the purchase of gift cards.
10.3. Gift Cards must be used in accordance with the terms and conditions contained on the card which may change at any time.
10.4. Purchases exceeding the available balance require the difference paid by another method.
10.5. Gift Cards are not redeemable for cash and cannot be refunded or exchanged for change-of-mind. Cash will not be given for any unused amount, but any unused amount can be used against further purchases.
10.6. Gift Cards will be void after the expiry date and cannot be used, exchanged, refunded or transferred.
10.7. We are not liable or responsible for any loss suffered as a result of a Gift Card via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the Customer.
10.8. You agree that defaced, lost or stolen Gift Cards will not be replaced, refunded or redeemed.
10.9. The terms and conditions printed on the Gift Card are to prevail to the extent of any inconsistency with the terms and conditions of our Website.
By clicking on any Subscription order form, you:
11.1. agree that you have entered into a contract with us for the supply of a Subscription, which may include any combination of Goods such as print and/or Digital Goods;
11.2. consent to the receipt of emails from us containing information and offers about products and services available on our Website in which you may have an interest;
11.3. acknowledge that our Subscription terms and conditions may be modified from time to time and you agree to such modification;
11.4. agree that we exclude all liability, to the extent permitted by law, for any direct, indirect, special, consequential damages or any damages whatsoever arising out of or in connection with (i) the use or performance of the Subscription; (ii) the delay or inability to use the Subscription, particularly in relation to Digital Goods; (iii) the failure to provide the Subscription; and (iv) any information obtained through the Subscription;
11.5. acknowledge that cancellation and refund requests following a confirmed order are at our sole discretion.
11.6. agree you may not access nor attempt to access a Subscription account that you are not authorised to access.
12. Delivery and pick up
12.1. Deliveries will be made by the Delivery Provider to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
12.2. You agree that Goods are at your risk from when they leave our warehouse, including but not limited to whilst in-transit and before you take possession.
12.3. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
12.4. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may despatch a replacement quickly and minimise your inconvenience.
12.5. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
12.6. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates may be given when you place your order.
12.7. Time for delivery specified on the order, if any, is an estimate only. They are not guaranteed delivery times and should not be relied upon as such and time shall not be of the essence.
12.8. We are not liable to you for late deliveries however you are still entitled to have products sent to you within a reasonable time.
12.9. We may be able to facilitate for you to pick up Goods from us provided you make an appointment in advance and payment has been received into our bank.
12.10. If you pick up Goods from our premises then:
12.10.1 we will not be able to assist you in loading heavy items;
12.10.2 Goods are at your risk from the moment they are picked up by you or your Delivery Provider from our shop / warehouse; and
12.10.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
12.11. When you make a purchase on behalf of another individual (“the Recipient”):
12.11.1 you warrant that the information provided by you on behalf of the Recipient is correct;
12.11.2 you agree you are responsible for the cost of returning those Goods to us for any reason whatsoever. This may include but is not limited to situations where (i) the Recipient rejects the Goods due to change-of-mind; or (ii) the delivery address was incorrect;
12.11.3 Goods are at your risk from when they leave our warehouse, including but not limited to whilst in-transit and before they are received at the delivery address;
12.11.4 if the Goods are not received by the Recipient for any reason whatsoever, you agree we are not responsible or liable for any loss incurred; and
12.11.5 you indemnify us against any loss, cost, damage, expense, liability or claim suffered or incurred which relates to or arises out of any third party claim that the goods were not received or were rejected by the Recipient.
13. Foreign taxes and duties
13.1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
13.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
14. Liability for defects or unavailable stock
14.1. We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect. If you claim that the item is defective, the following conditions apply:
14.1.1 the defect must be reported to us promptly upon becoming apparent;
14.1.2 the defect results only from faulty design or manufacture; and
14.1.3 you have returned the defective Goods to us at your expense if we have so requested.
14.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge. In some circumstances, we may provide a refund for the Goods.
14.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
14.4. If we agree we are liable and we do not repair or replace the Goods, your claim will be limited to the value of the Goods purchased.
14.5. We will not be responsible for: (i) losses arising from the unavailability of, or your inability to purchase any Goods, (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profit, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any causes which is beyond our reasonable control.
15. Refunds and returns
15.1. We are not required to provide a refund or replacement if you change your mind.
15.2. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return the Goods.
15.3. We should be notified by email promptly upon any defect in Goods purchased being discovered. We will then advise the procedure that is to be followed to remedy the issue.
15.4. The procedure may involve you attending to one or more of the following: providing us with details and images of the defect, returning the Goods in part or in full to us in accordance with instructions provided by us.
15.5. The procedure may involve us attending to one or more of the following: issuing a returns authorisation, repairing the Goods, paying the costs to repair the Goods, replacing the Goods or us refunding the costs of the Goods.
15.6. Goods should not be returned to us without us first authorising the return. If you return Goods to us without first obtaining a returns authorisation, you do so at your risk and cost and if you do not follow this procedure, we may be unable to identify you as the sender of the Goods and may not be able to properly and promptly process the Goods and your request.
15.7. So far as possible, Goods should be returned:
15.7.1 only after you first obtain a returns authorisation from us;
15.7.2 with Goods and packaging as far as possible in their original condition;
15.7.3 securely wrapped;
15.7.4 including our delivery slip; and
15.7.5 at your risk and cost.
15.8. The procedure for return of Goods may also be set out on the Hopeshop Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods and may not be able to properly and promptly process the Goods and your request.
15.9. If delivery was made to an Australian address, you are also protected by the Competition and Consumer Act 2010.
15.10. If we agree that the Goods are faulty, and they are returned with a returns authorisation, we will:
15.10.1 refund the cost of return carriage; and
15.10.2 repair or replace the Goods as we choose, or provide a refund in certain circumstances.
16.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
16.2. All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
16.3. We may make improvements or changes to the Hopeshop Website, the Content, or to any of the Goods, at any time and without advance notice.
16.4. So far as applicable law allows, we give no warranty and make no representation, express or implied, as to:
16.4.1 the quality of the Goods;
16.4.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
16.4.3 the correspondence of the Goods with any description;
16.4.4 the adequacy or appropriateness of the Goods for your purpose;
16.4.5 the truth of any Content on the Hopeshop Website; and
16.4.6 non-infringement of any right.
16.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Hopeshop Website or the purchase of Goods.
16.6. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
17. Security of the Hopeshop Website
You now agree that you will not, and will not allow any other person to:
17.1. modify, copy, or cause damage or unintended effect to any portion of the Hopeshop Website, or any software used within it.
17.2. link to the Hopeshop Website in any way that would cause the appearance or presentation of the Hopeshop Website to be different from what would be seen by a user who accessed the Hopeshop Website by typing the URL into a standard browser;
17.3. download any part of the Hopeshop Website, without our express written consent;
17.4. collect or use any product listings, descriptions, or prices;
17.5. collect or use any information obtained from or about the Hopeshop Website or the Content except as intended by this agreement;
17.6. aggregate, copy or duplicate in any manner any of the Content or information available from the Hopeshop Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Hopeshop Website;
17.7. share with a third party any login credentials to the Hopeshop Website; and
17.8. despite the above terms, we grant a licence to you to create a hyperlink to the Hopeshop Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
18.1. your failure to comply with the law of any country;
18.2. your breach of this agreement;
18.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
18.4. a contractual claim arising from your use of the Goods; and
18.5. a breach of the intellectual property rights of any person.
19. Intellectual Property
19.1. We will defend the intellectual property rights in connection with our Goods and the Hopeshop Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
19.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
19.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
20. Reviews and user content
20.1. You may submit reviews, comments, questions, suggestions and other Content, as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
20.2. You agree to provide truthful and complete information in connection with your Content, posting or display of any user Content on our Website.
20.3. You must not post or send any Content that contains software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam.”
20.4. You must not use a false email-address, impersonate any person or entity, or otherwise mislead as to the origin of Content or communication.
20.5. We reserve the right to delete, save, remove or edit any Content at our absolute discretion.
20.6. We reserve the right (but not the obligation) to publish the Content on our Website at the absolute discretion of our webmaster.
20.7. If you post Content or submit material, you grant us and our related and denominational entities:
20.7.1 a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence and/or transferable right to use, reproduce, modify, adapt, publish, publicly perform, publicly display, translate, create derivate works from, distribute and display such Content throughout the world in any media; and
20.7.2 the right to use the name that you submit in connection with the Content if we choose.
20.8. You agree that the rights you grant are irrevocable during the entire period of protection of your intellectual property rights associated with such Content and material.
20.9. To the extent permitted by law, you agree to waive any right you have (i) to be identified as the author of such Content; (ii) to be compensated for the use of such Content; and (iii) to object to derogatory treatment of such Content.
20.11. You agree to indemnify us for all claims brought by any third party against us arising out of or in connection with the Content and material you supply.
20.12. We have the right (but not the obligation) to monitor any customer Content submitted, posted, displayed by you on our Website, to investigate any reported or apparent violation of terms and conditions and take any action in our sole discretion deemed appropriate.
22.1. If you fail to comply with any of our terms and conditions, we may automatically terminate your rights hereunder, including but not limited to revoking your access to our Website, Digital Goods and Subscription service without notice to you and without refunding any fees paid by you.
22.2. Our failure to enforce any of our terms and conditions will not constitute a waiver of any of our rights or any of the terms and conditions.
23. Governing law
23.1. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.
24.1. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
24.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
25. Entire agreement
25.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
25.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
26.1. We reserve the right to change these terms and conditions at any time.
27.1. When we communicate with you, we will generally do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
27.2. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
It shall be deemed to have been delivered:
• if delivered by hand: on the day of delivery;
• if sent by post domestically to the correct address: within 72 hours of posting;
• If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
28. Dispute Resolution
28.1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
29. Miscellaneous matters
29.1. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods.
29.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
29.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
29.4. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
29.5. We shall not be liable for any failure or delay in performance of this agreement by us which is caused by circumstances beyond our reasonable control.