Terms and Conditions

  1. About the Website
    1. Thanks for visiting www.fine-photography.com.au (the ‘Website’), our products are operated by Fine Photography which is a photography wall art business (“Fine Photography”, “we”, “us”, or “our”). The term “you” refers to any user of the Website. The Website provides you with an opportunity to browse and purchase products that have been listed through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content of the Website (the ‘Purchase Services’).
    2. The Website is operated by Fine Photography (ABN 28627989171). Access to and use of the Website, or any of its associated Products or Services, is provided by Fine Photography. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you no do agree with the Terms, you must cease usage of the Website, or any Services, immediately.
    3. We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When the Terms are updated, we will use reasonable endeavours to provide you notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
  1. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fine Photography in the user interface.
  1. Registration to use the Purchase Services
    1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. Email address
      2. Preferred username
      3. Mailing address
      4. Telephone number
    1. You warrant that any information you provide to us in the course of completing the registration process will always be accurate, correct and up to date.
    2. Once you have completed the registration process, you will be a registered member of the Website (‘Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
    3. You may not use the Purchase Services and may not accept the Terms if:
      1. you are not of legal age to form a binding contract with us

Or

      1. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the county in which you are a resident or from which you use the Purchase Services.
  1. Your obligations as a Member

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

    1. the Terms;
    2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any other breach of security of which you have become aware;
    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of us providing the Purchase Services;
    6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or liking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Website, and
    8. you acknowledge and agree that any automated use of the Website or its Purchased Services is prohibited.
  1. Purchase of Products and Returns Policy
    1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the Purchase Price’).
    2. Payment of the Purchase Price may be made through Stripe (the ‘Payment Gateway Provider’.) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    3. Following payment of the Purchase Price being confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.
    4. Every Product is made to order once payment has been received, therefore we do not exchange or refund the Product because of a ‘change of mind’.
    5. We will replace your Product if it arrives damaged or is not representative of the item chosen on the website. Any damaged Product must be reported as soon as possible by email at info@fine-photography.com.au with photographic proof and receipt. In this instance, retain the packaging as we may need to arrange collection of the damaged or faulty Product.
    6. When you buy something on this website, we collect personal information from you to fulfill the order. We may collect information like your:
      1. Billing and shipping address
      2. Details relating to your purchase (for example, your shirt size)
      3. Email address
      4. Name
      5. Phone number

We share this information with WordPress, our online store hosting provider, so that they can provide website services to us.

As you go through checkout, this site may auto-complete your shipping and billing address by sharing what you type with the Google Places API and returning suggestions to you to improve your checkout experience.

    1. Abandoned cart emails

You’ll receive an automated email within 24 hours after you abandon your shopping cart, if all of the following occur:

      1. You enter your email address at checkout, or are logged into your customer account.
      2. You add a product which is in stock to your shopping cart.
      3. You close your browser or leave this website without completing your purchase.

You can unsubscribe from these messages at the bottom of the email.

The email will link back to this website, where you can pick up where you left off and complete your purchase.
We will not use your information to send you marketing materials unless you have agreed to receive it, and if you wish, you can unsubscribe from the email or email us at info@fine-photography.com.au to update your preferences.

  1.  Delivery
    1. You acknowledge that the Purchase Services offered by us integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
    2. In providing the Purchase Services, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that we are not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
    3. In the event that an item is lost or damaged in the course of the Delivery Services, we ask that you:
      1. Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
      2. Contact us by sending an email to info@fine-photography.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
  1. Age limits

The Website is intended solely for persons who are 18 years of age or older. By accessing or using the Website You represent and warrant that You are 18 or older. We only allow minors on the Website if they have written consent from a parent or guardian who has also provided photographic identification.

  1. Privacy

We take your privacy seriously and any information provided through your use of the Website and /or the Purchase Services are subject to our Privacy Policy which is available here Privacy Policy.

  1. Copyright and Intellectual Property
    1. The Website, the Purchase Services and all of our related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video, images, audio clips and software) (the ‘Content) are owned or controlled for these purposes, and are reserved by us or our contributors.
    2. We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
      1. The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Fine Photography; or
      2. The right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
      3. A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
    1. You may not, without our prior written permission and that of other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  1.   General Disclaimer
    1. You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
    2. We will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
    3. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    4. Subject to this clause, and to the extent permitted by law:
      1. All terms, guarantees, warranties, representations, or condition which are not expressly stated in these Terms are excluded; and
      2. We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), where at common law, under contract, tort (including negligence) in equity, pursuant to statute or otherwise.
    1. Use of the Website, the Purchase Services, and any of our products (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products are provided to you on a “as is” basis, without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, third party content provider or licensors (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its content or any product or Purchase Services (including our products or Purchase Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
      3. Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
      4. The Content or operation in respect to links which are provide for the User’s convenience;
      5. Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      6. Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 
  1. Links to Third Party Sites

The Website may have references or contain links to sites controlled by parties other than Fine Photography. Fine Photography provides these links in good faith merely as information for users of the Website. Fine Photography is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites.

  1. Limitation of Liability
    1. Our total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then our total liability is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that we and our affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but is not limited to, any loss of profit (where incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. We are not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website, by third parties or by any of the Purchase Services offered by us.
    4. You acknowledge that we do not provide the Delivery Services to you and you agree that we will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Deliver Services. 
  1. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by us as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. notifying us at any time; and
      2. closing your accounts for all of the Purchase Services which you use, where we have made this option available to you.
    1. Your notice should be sent in writing to us via the ‘Contact Us’ link on the Website.
    2. We may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. we are required to do so by law;
      3. the partner with who we offered the Purchase Services to you has terminated its relation with us or ceased to offer the Purchase Services to you;
      4. we are transitioning to no longer providing the Purchase Services to User in the country in which you are a resident or from which you use the service; or
      5. the provision of the Purchase Services to you by us is, in our opinion, no longer commercially viable.
    1. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if you conduct impacts the Fine Photography name or reputation or violates the rights of those of another party.
    2. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fine Photography have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  1. Indemnity
    1. You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
      3. any breach of the Terms.
  1. Dispute Resolution
    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice (Notice’) by that other party, the parties to the Terms (‘Parties’) must:
      1. within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
      3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-conditioned to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
      4. the mediation will be held in Sydney, Australia.
    1. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    2. Termination of Mediation:

If 21 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, the Party may ask the mediator to terminate the mediation and the mediator must do so.

  1. Venue and Jurisdiction
    1. The Purchase Services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
  1. Governing Law
    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales Australia without reference to conflict of laws principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  1. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  1. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.