Small Caps Publishing – Website Terms of Trade
ABN 57 044 085 300 | Victoria, Australia
Effective date: 16 May 2026
Version: 1.0
These Website Terms of Trade (Terms) apply when you access or use www.smallcapspublishing.com.au (Website), place an order, or purchase products from Small Caps Publishing (we, us, our). By using the Website or placing an order, you agree to these Terms.
· ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
· Customer, you means the person or entity accessing the Website or purchasing from us.
· Order means a request by you to purchase Products via the Website or otherwise.
· Products means physical books and any other physical goods we supply.
· Website means www.smallcapspublishing.com.au and any related pages and checkout we operate.
· You must not use the Website in any way that breaches any applicable law or infringes any person’s rights.
· You must not introduce viruses, malicious code, or attempt to gain unauthorised access to the Website, our systems, or any customer accounts.
· If you create an account, you are responsible for keeping your login details confidential and for all activity under your account.
· We may suspend or block access to the Website where we reasonably suspect misuse or a security risk.
· Submitting an Order is an offer by you to purchase the Products and/or Services described in that Order.
· We may accept or reject an Order (including due to availability, errors in pricing or descriptions, suspected fraud, or delivery constraints).
· An Order is accepted when we confirm it in writing (including by email) or when we dispatch the Products (whichever occurs first).
· You are responsible for ensuring Order details (including delivery address and contact details) are correct.
· If you request changes to an Order after submission, we may agree to the change at our discretion and may charge additional fees or adjust delivery timeframes.
· All prices are in Australian dollars (AUD) unless stated otherwise.
· Prices displayed on the Website may change at any time. The price applicable to your Order is the price shown at the time you submit the Order (subject to clause 3).
· Unless stated otherwise, prices include GST where GST is applicable.
· Delivery/shipping costs (if any) are shown at checkout or otherwise notified to you and are payable in addition to the price of the Products.
· We may correct obvious pricing or typographical errors. If this affects your Order, we will contact you and you may choose to proceed at the corrected price or cancel the Order for a refund.
· Payment must be made in full at the time of placing an Order unless we agree otherwise in writing.
· We may use third-party payment processors. Their terms may also apply to you.
· If a payment is reversed, dishonoured or charged back, you must reimburse us for the Order amount and any reasonable costs we incur in recovering the amount.
· For business customers where payment terms are agreed in writing, overdue amounts may accrue interest at a reasonable rate and you must pay our reasonable debt recovery costs.
· Delivery timeframes: Delivery timeframes are estimates only. To the maximum extent permitted by law, we are not liable for delays outside our control (including courier delays).
· Risk: Risk in Products passes to you on delivery to the delivery address nominated in your Order.
· Title: Ownership of Products passes to you when we receive full cleared payment.
· Undeliverable/returned items: If an item is returned to us due to an incorrect address or failure to collect, we may charge a re-delivery fee.
Important: Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded.
· Change of mind: To the extent permitted by law, we do not have to provide a refund for change of mind (including ordering the wrong item or no longer wanting an item). If we do offer an exchange or store credit, it is at our discretion and may be subject to conditions (for example, items must be unused and in resalable condition).
· Faulty or not as described: If a Product is faulty, damaged on arrival, or not as described, you may have rights under the ACL. Please contact us as soon as practicable with details and photos (if applicable) and we will work with you to resolve the issue (which may include repair, replacement or refund, depending on the circumstances).
· Return process: Where a return is approved, we will provide instructions. You must securely package the item. If the return is due to our error or a major failure under the ACL, we will cover reasonable return shipping costs; otherwise you are responsible for return shipping costs.
· All intellectual property rights in the Website and its content (including text, graphics, logos, and layout) are owned by or licensed to us.
· You may view the Website and print or save extracts for your personal, non-commercial use only.
· You must not reproduce, distribute, modify, reverse engineer, scrape, or commercially exploit any part of the Website or our content without our prior written consent.
· All intellectual property rights in Products remain with their respective authors, publishers and rights holders. Purchasing a Product does not transfer any intellectual property rights to you.
· If you submit content to us (including reviews, comments, images or testimonials), you grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce and publish that content for our business purposes (including marketing), unless you tell us otherwise in writing.
· You must not submit content that is unlawful, misleading, defamatory, infringing, or that contains confidential information without permission.
· We may remove or refuse to publish any content at our discretion.
The Website may contain links to third-party websites or services. We do not control and are not responsible for those third-party sites or services. Your use of third-party sites or services may be subject to their separate terms and privacy policies.
We collect, use and disclose personal information in accordance with our Privacy Policy and applicable privacy laws. Please refer to our Privacy Policy on the Website for details.
· Information on the Website is general information only and is not professional advice. You should obtain your own advice before acting on it.
· To the maximum extent permitted by law, we do not warrant that the Website will be available at all times, uninterrupted, error-free, or free from viruses.
· Product images are for illustrative purposes only. Colours and appearance may vary depending on your device.
To the maximum extent permitted by law (and subject to the ACL), we exclude all liability for any loss or damage you suffer in connection with the Website or any Products, whether in contract, tort (including negligence), equity, statute or otherwise.
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, or loss of data.
Where liability cannot be excluded under the ACL or any other law, our liability is limited (at our option) to the remedies required by law, and where it is lawful to do so, to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; or (d) paying the cost of having the goods repaired.
You indemnify us against any loss, damage, liability, cost or expense (including reasonable legal fees) arising from or connected with your breach of these Terms, your misuse of the Website, or your infringement of any third-party rights.
We are not liable for any delay or failure to perform to the extent it is caused by events outside our reasonable control (including supplier failures, transport disruptions, pandemics, power or internet outages, and natural disasters).
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
We may update these Terms from time to time by publishing the updated Terms on the Website. The updated Terms apply from the effective date shown. For existing Orders, the Terms that applied when you placed your Order will continue to apply to that Order.
Small Caps Publishing (ABN 57 044 085 300)
Website: www.smallcapspublishing.com.au
Email: info@smallcapspublishing.com.au
Small Caps Publishing ABN 57 044 085 300
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