Terms and Conditions

ACER Shop Terms of Purchase  

These Terms of Purchase govern the use of the online ACER Shop at www.acer.shop.org (the Shop) operated by The Australian Council for Educational Research Ltd (ABN 19 004 398 145) (ACER). 

By accessing or using the Shop, you agree to be bound by these terms, which may be updated from time to time. Any amendments to these terms apply only to new orders placed after the amendment (Agreement).

Provision of the Shop

ACER provides the Shop on an “as is” basis. While reasonable efforts are made to ensure availability and accuracy, ACER does not guarantee uninterrupted access or error-free functionality. This does not limit your rights under the Australian Consumer Law.

Orders, Delivery and Product Returns

Orders for goods or services available on the Shop (Products) are binding once submitted unless otherwise agreed. 

You may cancel an order only with ACER’s written consent. 

All Products are subject to availability. ACER reserves the right to cancel orders if stock is unavailable, with full refund provided.

If a Product requires specific qualifications or other requirements for its use, ACER may reject the order if you do not meet those requirements.

ACER may cancel any order at any time if ACER becomes aware that you have breached this Agreement (including submitting any information to ACER regarding your identity, location or Qualifications which is not true and correct in all respects).

Delivery times are indicative only. ACER aims to deliver your Product on time but sometimes delays happen that are outside of its control. These may include issues with third party delivery services, extreme weather, government restrictions, or important security upgrades to our systems. If a delay occurs, ACER will endeavour to let you know as soon as possible and keep you updated. This clause does not affect your rights under Australian Consumer Law.

Refunds or replacements are subject to return of the original product in original condition unless otherwise required by law.

Price, GST and Payment

Prices are in AUD and exclusive of GST unless stated otherwise. 

GST: 

• any words used here that are defined in GST law have the same meaning;
• if GST applies to something provided under this Agreement, the person paying for it must also pay the GST amount on top of the agreed price;
• this doesn’t apply if we’ve clearly agreed in writing that the price already includes GST;
• no payment is required until the supplier gives the buyer a valid tax invoice or adjustment note; and
• if we refer to costs, expenses, or liabilities when calculating payments or reimbursements, we must leave out any part that the party can claim back as an input tax credit.

You are responsible for any applicable duties.

Payment is required at the time of order unless credit terms are agreed in writing.

Credit terms (if applicable) are subject to 30-day payment and may be revoked at ACER’s discretion.

Interest may be charged on overdue amounts at 10% per annum, compounding monthly.

Title and Risk

Subject to the clause below addressing third party terms:

• risk in relation to any goods pass to you when the goods are delivered to, or collected by, the relevant third-party delivery service; and
• title to any goods passes to you when payment occurs.

In the event that any goods are returned to ACER:

• risk in relation to any such goods passes back to ACER on delivery to ACER’s nominated return address; and
• title to any such goods passes back to ACER on the earlier of reimbursement of payment by ACER or delivery to ACER.

Third Party Terms

Unless ACER has clearly agreed otherwise, any third-party products or services you receive from the Shop come with their own terms and conditions. These might be listed in the product description in the Shop or provided with the product itself.

Unless otherwise required by law, ACER is not responsible for third party Product performance or content.

By your purchasing from ACER access to services provided by third-party suppliers you acknowledge that: ACER acts solely as a reseller; and where ACER does not collect or store any data as a result of your use of that third party service, ACER  does not control or process any personal data submitted to those services.

In those circumstances:

• the third-party supplier is solely responsible for the collection, use, and protection of your personal information; and
• ACER, to the extent allowable at law, disclaims any liability for data breaches, misuse, or loss of personal data occurring within those third-party suppliers’ systems;
• ACER encourages you to review the supplier’s privacy and security policies prior to use.

Intellectual Property Rights

You understand and agree that this Agreement doesn’t give you ownership of any intellectual property rights belonging to ACER or any third party. 

Unless stated otherwise or covered by a separate licence, ACER (or the third party) gives you a limited right to use those rights only as needed to use the Product—and only within any limits or conditions mentioned for that Product.

Unless ACER agrees otherwise in writing, you must not:

• make extra copies of the Product; or
• change the Product or use it in any way prohibited in the Shop or the Product documents.

If you suggest or help develop any improvements to the Shop, those improvements belong to ACER. You agree to give ACER any rights you might have in those improvements now or in the future, and you give up any moral rights you may have in them.

Disclaimer and Limitation of Liability

Nothing in this Agreement excludes, restricts or modifies your rights under the Australian Consumer Law.

To the extent permitted by law, ACER limits liability for non-personal, non-domestic goods or services to:

• Replacement or repair of goods;
• Re-supply of services;
• Refund of the cost of goods or services.

ACER is not liable for indirect or consequential loss unless required by law.

Governing Law

This agreement is governed by the laws of the State of Victoria, Australia. Any disputes will be resolved in the courts of that jurisdiction.

Entire Agreement

These terms, together and any additional terms provided with your purchase, form the entire agreement between you and us. They replace any previous discussions or agreements.

Severability

If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will continue to apply.

Force Majeure

ACER is not responsible for delays or failures caused by events beyond its reasonable control, including   natural disasters, internet outages, government restrictions or important security upgrades.

Assignment

You may not transfer your rights or obligations under this Agreement to anyone else without our written consent. ACER may transfer its rights and obligations at any time.