The website shop.australian.museum is owned by the Australian Museum Trust (ABN 85 407 224 698) (“the AM”). Use of this website and any purchases made through it are governed by these terms of use, including the Conditions of Sale (Terms) and your personal information is collected, used and stored in accordance with the AM’s Privacy Policy. The AM reserves the right to update these Terms and/or our Privacy Policy at any time. Your continued usage of the website after any changes to these Terms will mean you accept those changes.

1. Information on this website

All prices are shown in Australian dollars. Product information and prices are subject to change without notice. The price that is advertised for the item at the time you place your order is the price you will be charged. Online pricing may differ from prices available in the AM's physical shop. Items advertised as 'on-sale' are only available at the reduced price during the sale period.

The Australian Museum does not warrant the accuracy, adequacy or completeness of material on this website.  All information may be changed, supplemented, deleted or updated without notice at the sole discretion of the AM. The AM also does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

2. Taxes

Published prices in the AM's Online Shop include Australian Goods and Services Tax ('GST'). You must pay any local duties or taxes (eg. customs or import taxes) that apply in your country of delivery. The AM’s Online Shop does not offer separate international prices exclusive of GST.

3. Intellectual Property

The copyright for the content on this website is owned, or licensed by, the AM and no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed or transmitted in any form or by any process (in existence now or in the future) without the specific written consent of the AM.

All custom graphics, icons, and other indicia that appear on the website and all associated trademarks, are trademarks of the AM and its licensors.

4. Feedback, comments or enquiries

The AM welcomes constructive feedback and comments so that it can continue to improve its products and services to consumers. Please forward any feedback or comments about the Online Shop to shop@australian.museum. If you are enquiring about an existing order, please email us with your order confirmation number in the subject line to facilitate faster response times to you.

Please be advised that online comments posted by you on any online forum or platform about the AM’s Online Shop are not confidential or proprietary, and the AM is under no obligation to keep such information confidential. You grant the AM an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner the AM chooses, including to improve our service and delivery.

    5. Outbound links

    The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by the AM. The AM makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.

    6. Inbound links

    The AM encourages and agrees to your linking to the AM’s Online Shop home page through a plain text link on your website without the need for agreement between yourself and the AM. However, linking to any other page of the AM websites is strictly prohibited without the express written permission of the AM.

    7. Jurisdiction

    Your use of the AM Online Shop is governed by and construed in accordance with the law in effect in the State of New South Wales without reference to any local law or claim of inconvenient forum. By entering into a contract of sale, both parties accept the jurisdiction of the courts of the State of New South Wales in relation to any dispute between them.

    8. Disclaimer of Warranties

    The AM makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

    9. Limitation of Liability

    If the AM is found responsible for any damages, the AM is responsible for actual damages only. In no event shall the AM be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the AM Online Shop website.

    10. General Conditions of Sale (“Conditions of Sale”)

    The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and the AM regarding the transaction.

    10.1 - The goods delivered under this Agreement shall be of normal commercial quality unless specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not be a sale by description.

    10.2 - The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you represent to the AM that you are able to make a legally binding contract.

    10.3 - Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges, transactions fees and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.

    10.4 - These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.

    10.5 - The AM reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order.

    10.6 - Your contract with the AM only comes into existence when the AM forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.  As delivery is provided by third parties, the AM’s estimate is only a indication and not a representative to you of when delivery will occur. If there are any errors in the details of your order, you must advise the AM within 24 hours of receiving the email confirmation otherwise the AM will fulfil your order on the basis of the information provided and will not be liable for any errors.
     

    10.7 - You shall inspect the goods immediately upon their arrival and shall within five (5) days give written notice to the AM if the goods are not in good order (are faulty), are missing, or do conform with your order.  If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with your order and no claim shall be recognised after that time. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.

    10.8 - Ownership and property in the goods supplied/delivered shall pass from the AM to you when the AM accepts your offer and assigns product to your order from the AM warehouse. Risk passes to you upon delivery to the agreed delivery address.

    10.9 - The AM shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and the AM shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the order and prior to transfer of ownership, you shall be entitled to rescind the agreement by email notice to the address in clause 4, putting your invoice number in the subject line. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, recognised pandemic or epidemic outbreak, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, directives of any government, energy failure, external telecommunications failure, and/or failure of transport systems.

    10.10 - To the extent permitted by the Australian Consumer Law, you assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify the AM in respect of any such use. To the full extent permitted by law, the AM is not liable for any infringement of intellectual property rights arising out of the use of such goods by you and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by the AM for the consequences of the use of damaged goods by you.

    10.11 - Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of the AM implied by the Sale of Goods Act, 1923 and Australian Consumer Law.(Contained in Schedule 2 of the Competition and Consumer Act 2010).