1 Terms of Trade 2 Scope 3 Ordering 4 Prices 5 Payment 6 Availability and Cancellation 7 Delivery 8 Ownership and Risk 9 Refunds and Returns 10 Liability 11 General -------------------------------------------- 1. Scope 1.1. These terms of trade govern supply of products and services from Photograph Art ("we", us", "our") to the customer ("you", "your"). These terms of trade shall prevail over any terms contained in any order or offer made by you or any document used by you (which shall have no effect). -------------------------------------------- 2. Ordering 2.1. Contact Formation This website and the information on it constitute an invitation to treat and not an offer to supply products. When you order products from us, this constitutes an offer from you to buy those products in accordance with these terms of trade. Only when we have accepted your order by notifying you in accordance with clause 2.3 shall a contract be formed between you and us. 2.2. Order Process You may order products from us by completing and submitting the order form on this website. You must provide all required information (including your name, email address, and payment details) or we might not be able to process your order. 2.3. Our Discretion in Accepting or Rejecting Orders No order shall be deemed accepted by us until we have sent you an order confirmation. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the details of your order within 24 hours of receiving your order. If you do not receive our notification within three days of placing your order, please contact us at info@PhotographArt.com.au. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order. -------------------------------------------- 3. Prices 3.1. Prices The price payable by you for products ordered by you shall be the price quoted on this website at the time your order is submitted, together with the applicable delivery charges (which are payable in addition to the price of the products). We may vary any prices on this website at any time and without notice to you. 3.2. Currency Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in Australian Dollars (AUD). Currency conversion will take place online at the rate applicable at the time of purchase. 3.3. Taxes and Other Charges All prices and delivery charges within Australia are inclusive of Australian Goods and Services Tax at the rate of 10%. Except for Australian Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order. -------------------------------------------- 4. Payment 4.1. Payment You can pay for your orders by credit card, by direct debit or by cash on delivery (if your order is being personally delivered by us). You agree to pay for your orders by authorising us to charge your credit card account, or by making payment by direct debit, for the total price of the products ordered and the applicable delivery charges. 4.2. Problems with Payment If there is a problem with your payment (for example, if your credit card transaction is declined) we may contact you to make alternative payment arrangements. 4.3. Debt Collection Cost You will be liable for all debt collection costs where you fail to make payment for any order. -------------------------------------------- 5. Availability and Cancellation 5.1. All orders are subject to the availability of products. If for any reason a product is not available, we will endeavour to notify the non-availability on this website. We may revise the range of products or the specification of any product at any time and without notice to you. 5.2. Cancellation of Orders Although we have endeavoured to ensure that the product and pricing information provided on this website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. Where products are listed on this website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order. You may cancel your order any time prior to our order confirmation. Once we have confirmed your order, you are not able to cancel that order. -------------------------------------------- 6. Delivery 6.1. Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 10 business days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. 6.2. Delivery Costs Delivery costs are calculated based on weight and destination. Delivery costs are added to the total product cost and are determined by the products ordered and the delivery method selected during ordering. 6.3. Delivery Timeframes and Delays Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. 6.4. International Deliveries We deliver international orders via Australia Post International Air Service. All our gifts are carefully packed for safe international delivery. Once your order has been dispatched, delivery usually takes between 4 and 10 days (depending on the delivery service in the destination country). A track and trace service is not provided using this service. If you would like to use a track and trace service please contact us at info@PhotographArt.com.au and we can organise this for you at an additional cost, depending on the size and weight of the item. An international express service is available upon request for delivery to certain international destinations in approximately 2 to 4 working days (at additional cost). Australian law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost. 6.5. Loss or Damage in Transit We do not accept any liability for loss or damage in transit that exceeds the value of the product paid for. You must make all claims for loss or damage during transit to the carrier no later than 7 days after the delivery date (and you must notify us of any such claims). Where you believe that there is a shortage in the quantity of products delivered, you must notify us of any such claim within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim. -------------------------------------------- 7. Ownership and Risk 7.1. Ownership Retained Until Payment in Full We retain ownership of and title in the products we supply to you until we have received the full price for the products and the applicable delivery charges. -------------------------------------------- 8. Refunds and Returns 8.1. Returns You may, within 7 days of your order being delivered, return any product delivered under that order which is damaged or defective at the time of delivery or which is not the product you ordered. We will provide a replacement, credit, or refund for that product upon receipt of the returned goods, provided that they are returned in the original condition in which they were sent to you. 8.2. Return Requirements When returning a product, you must: Return the product in its original condition and packaging, addressing it to: Photograph Art PO Box 4010 South Maroubra, NSW 2035 provide a note explaining why the product is being returned; confirm the return option you prefer (replacement, credit, or refund). If you require a refund, you may need to provide us with your credit card or bank account details so that we can process your refund. 8.3. Responsibility for Returned Products Returned products are your responsibility until they reach us. We shall not be responsible for misdirected shipments or products lost or damaged in transit. 8.4. Returns due to “change of mind” and exchanges You may not return any product because you have changed your mind about that product. Exchanges are not permitted. -------------------------------------------- 9. Liability 9.1. Disclaimer To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to you by us including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. 9.2. Limitation To the maximum extent permitted by law, our liability to you (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to you by us shall be limited to the price paid by you for that product. 9.3. Exclusion To the maximum extent permitted by law, we will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any product or any information supplied to you by us. -------------------------------------------- 10. General 10.1. Changes to These Tersm of Trade To the maximum extent permitted by law, we will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any product or any information supplied to you by us. 10.2. Severability If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect. 10.3. Compliance with Laws You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from us. 10.4. Force Majeure We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control. 10.5. Governing Law These terms of trade (and any contracts to which these terms of trade apply) shall be governed by the laws of Australia and the courts of Australia shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of trade (and any contracts to which these terms of trade apply). You submit to the jurisdiction of the courts of Australia and agree that the courts of Australia are a convenient forum in which to resolve any dispute arising in relation to these terms of trade (and any contracts to which these terms of trade apply). These terms of trade were last updated on 22 July 2006 Privacy 11 General In this privacy policy, the terms "we", "us", and "our" refer to Photograph Art. We respect the privacy of our customers. This privacy policy explains how we may collect, store, use, and disclose personal information that you provide to us. Your continued use of this website shows your unconditional consent to us collecting, storing, using, and disclosing your personal information in the manner set out in this privacy policy. Collection We may collect personal information from you (including, without limitation, your name, email address, phone number, and postal address) when you use this website. You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information, products, or services. When you visit this website, we may use automated tools and methods (such as cookies, sessions, and usage monitoring software) to collect certain information about your visit, including (without limitation): · the internet protocol (IP) address and domain name used by your computer to connect to the Internet; · the operating system and the browser your computer uses, and any search engine or inbound hyperlink used to reach this website; · the date, time, and duration of your visit; and · the pages viewed by you. This information will be used in aggregate form to analyse how this website is being used (for example: to analyse sales and usage patterns in order to improve this website). Except as set out in this privacy policy, we will not disclose any such information except in aggregate form. We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches. Use and Disclosure We will not disclose your personal information to any outside parties. We may use your personal information to: · enable you to make purchases and to deliver those purchases to you; · assist in providing information, products, and services requested by you; · provide you with information (including promotional material, news, and event information); · verify your identity and to assist you if you forget your username or password; · improve or update this website and our information, products and services; · communicate with you; and · personalise this website to your preferences. We will not sell, rent, or lease your personal information to third parties. Your personal information will only be made available internally for the above purposes Storage and Security All personal information collected on this website is collected and stored by Photograph Art, PO Box 4010 South Maroubra, Sydney NSW 2035, Australia. We will endeavour to protect your personal information that is held by us from unauthorised access, use, disclosure, alteration, or destruction. Any credit card information provided by you to us is processed by Paypal and is not retained by us Third Party Websites This website may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When you visit third party websites from hyperlinks displayed on this website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide may be collected, stored, used and distributed. Right to Access and Correct You may request access to, or correction of, any personal information we hold about you by contacting us as follows: Post: Photograph Art PO Box 4010 South Maroubra NSW 2035 Telephone: 0421 507 735 Email: info@PhotographArt.com.au To ensure that the contact and billing information we hold about you is accurate and current, please notify us of any changes to such information as soon as possible. Changes to our privacy policy We reserve the right, at our discretion, to alter this privacy policy at any time. Changes to this privacy policy will take effect immediately once they are published on this website. Please check this privacy policy regularly for modifications and updates. If you continue to use this website or if you provide any personal information after we post changes to this privacy policy, this will indicate your acceptance of any such changes. This privacy policy was last updated on 22 July 2006. Security All personal information collected on this website is collected and stored by Photograph Art, PO Box 4010, South Maroubra NSW 2035 Australia. We will endeavour to protect your personal information that is held by us from unauthorised access, use, disclosure, alteration, or destruction. Any credit card information provided by you to us is processed by Paypal and is not retained by us. This security policy was last updated on 22 July 2006. Copyright © 2006. Copyright Jennifer Jamie. All rights reserved. Moral rights asserted. No images can be downloaded or reproduced in any form without permission of Jennifer Jamie, Photograph Art.
Saturday, October 11th 2008 | 9:50am
