Terms and Conditions

Terms and Conditions

Purchases of products made via the Store section of the Website, including books, CDs, DVDs, digital downloads and other products from time to time (each, a “Purchase”) will be subject to the following additional online terms of sale. You must be at least 18 years old to make a Purchase.

1. Ordering Purchases

You warrant to us that all information you supply to us at the time of placing an order for a Purchase using the Website and in connection with any order made using the Website is true and correct.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. JSMI reserves the right at any time after receipt of your order to accept or decline your order. All orders placed must obtain pre-approval with an acceptable method of payment. We may require additional verification’s or information before accepting any order.

JSMI reserves the right to refuse or cancel any order for any reason before the products are delivered. Reasons may include, but are not limited to, the unavailability of a product or service or an error or change in the price displayed on the Website. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided to provide you with notice of the cancellation (“Cancellation Notice”). Any received monies for cancelled orders will be refunded using the method received in accordance with these terms and conditions. JSMI shall not be held liable for any loss or damage occurring from such a cancellation.

JSMI reserves the right to limit the maximum order quantities for any given product at any given time. JSMI shall not be held liable for any loss or damage arising from such a limitation of order quantities.

2. Product information

JSMI reserves the right to add, change or remove all material, information and content on the Website and on the Store at any time and without prior notice, including information such as product information, product images, product details and product prices.

We at JSMI try to be as accurate and detailed as possible when describing products and services. We cannot however guarantee or warrant that product or service descriptions, text, pictures and other content on our Website and Store are accurate, legible, understandable, complete, correct, reliable or totally free from error. We shall not be held liable for any damage occurring from such instances.

3. Errors

We reserve the right to correct any errors which appear on the Website and to reject any orders which have been received in connection with such errors.

Without limiting the generality of the preceding paragraph, in the event a product is listed at an incorrect price or with incorrect information due to any act, error or omission of KCM, any of its related bodies corporates, officers, employees, agents or contractors or any other person (including, without limitation, any typographical error or error in pricing or product information), JSMI shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.

JSMI’s right to refuse or cancel any orders will apply whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the Purchase and your order is cancelled, JSMI shall immediately issue a credit to your credit card account in the amount of the charge.

4. Cancelling your Purchase

If you notify us before your Purchase has been dispatched for delivery to you, JSMI may (in its absolute discretion) accommodate order cancellations.

If your Purchase has been dispatched for delivery to you, JSMI reserves the right to refuse any order cancellation. You may then seek to return the products to us in accordance with our Return Policy (as varied from time to time) which is accessible on the Site. In such circumstances, you will be required to return the product to us at your expense.

5. Delivery of Products

The delivery times provided by JSMI are estimates only. JSMI will not be held responsible or accountable for late deliveries or loss or damage to products relating to late deliveries. In the event that multiple products are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you have provided as part of your Account. Please ensure you enter the correct delivery address. JSMI cannot be held responsible for incorrectly entered delivery addresses.

6. Change of Address

JSMI cannot be held responsible for an incorrect address being entered on your order.

JSMI gives you an opportunity to enter the delivery address and then to confirm the delivery address for the products on the review, billing and shipping pages in the Store.

If you complete your order and then notice that the address details are incorrect, please contact us immediately. Whilst we may attempt to update any incorrect order details, due to the fast processing of orders at our head office, some orders may not be able to be adjusted and JSMI will not be responsible for or liable in connection with any incorrect delivery of products.

7. Supply and Delivery

Subject to you complying with these Terms of Use and acceptance of your Purchase by JSMI, JSMI will sell and supply the products to you as shown on your order confirmation.

Products may not be available for immediate delivery. Subject to the other terms and conditions contained in these Terms of Use, JSMI will use its best endeavours to arrange for the products to be delivered to you within 3 to 4 weeks of your Purchase being processed.

Where JSMI becomes aware that products the subject of your Purchase are unavailable or will have extended delays for delivery, JSMI will contact you and:

(a) you may cancel your Purchase without charge; or

(b) where the extended delay is outside of the reasonable control of JSMI, JSMI may cancel your Purchase, in which case, JSMI will arrange for a full refund of any payment made by you to be processed or JSMI will contact you and offer you a substitute item for the same or greater value, which may be accepted by you as a substitute for the product that you have ordered.

Where you select to have your products delivered to a specified address:

(a) On acceptance of your order by JSMI, your Purchase will be dispatched to your specified delivery address generally within 1 to 2 weeks of the date your order was processed.

(b) JSMI will use its best endeavors to deliver your Purchase within any stated time-frames for dispatch. However, JSMI does not warrant that any time-frames for delivery will be met, as many factors may affect such time-frames.

(c) You must advise at the time you place your order via the Store or later when you discuss delivery with JSMI, of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, you may be liable for any extra charges including re-delivery fees or additional delivery fees.

(d) JSMI cannot and will not accept responsibility for delivery failures or delays by Australia Post or any third party delivery contractor.

8. Acceptance of Products

You are responsible for inspecting the products to determine whether they are defective or there is a fault in the product. If the products are defective or have a fault, please contact us in accordance with our Return Policy.

9. Prices

Prices displayed on the Website:

(a) are shown in Australian dollars and include GST, where applicable;
(b) may not include delivery and handling charges; and
(c) are subject to change at any time and from time to time.

Certain products displayed on the Website may be unavailable for purchase from the Website.

10. Payment

Payment for Purchases must be made at the time of placing your order using the Store and may be made by Visa, Mastercard, American Express and PayPal.

Without limiting the generality of the foregoing, you agree to comply with any terms and conditions of any external payment processors for the Website, where applicable.

11. Title and Risk in Products

A product delivered by us to you remains our sole and absolute property until all money due to us has been paid, however, a product will be at your own risk from the time the product is removed from storage or our warehouse for the purpose of delivery to you. You will be responsible for obtaining any necessary insurance in respect of a product shipped to you.

12. Australian Consumer Law

Under the ACL, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:

(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Any express warranty given in these Terms of Use is in addition to and does not limit your rights under the ACL.

13. Return and exchange procedure

You may return products to JSMI in accordance with JSMI’s Return Policy (as varied from time to time) which is published on the Website. You must comply with the terms and conditions of that policy in connection with any products that you return to JSMI.

14. Limitation of Liability

To the extent not prohibited by law, in no event shall JSMI be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the products, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if JSMI has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall JSMI’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you have actually paid to JSMI for your Purchase. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Terms for Donations

Donations to JSMI made via the “Offering” section of the Website (each a “Donation”) will be subject to the following additional terms.

You must be at least 18 years old to make a Donation.

1. Payment

Payment for Donations must be made at the time of making your pledge on the Website and may be made by Visa, Mastercard, American Express and PayPal.

If you do not have an Account, Donations may only be made using PayPal.

Without limiting the generality of the foregoing, you agree to comply with any terms and conditions of any external payment processors for the Website, where applicable.


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