Terms and Conditions

1. By using this website, you agree to be bound by these Terms and Conditions, as amended or replaced by us from time to time.
2. These Terms and Conditions constitute a contract between us (as owner of the website) and you (as user of this website), in relation to your use of this website (http://www.annbrittonphotography.com.au), in particular to the ordering and purchase of goods and/or services from us.

It is Agreed

1. Definitions

In these Terms and Conditions, unless the context requires otherwise:

• you means a person who places an order via this website;
• we/us means Ann Mary Britton ABN 85 898 281 837;
• goods means goods advertised by us on our website, including, photos, prints and other miscellaneous items;
• GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999;
• price means the price for goods and/or services shown on our website at the time an order is accepted by us;
• Services means services advertised by us on our website, including, photography sessions;
• words and phrases defined in A New Tax System (Goods and Services Tax) Act 1999 and related legislation have the same meaning in these Terms and Conditions;
• a reference to:
  • one gender includes the other genders;
  • the singular includes the plural and the plural includes the singular;
  • a person includes a natural person, partnership, body corporate, joint venture, association, government, authority, agency or other entity;
  • a party includes that party’s executors, administrators, successors and permitted assigns;
  • document is to that document as amended, novated or replaced from time to time;
  • money is to Australian dollars, unless otherwise stated;
  • “including” and similar expressions are not words of limitation;
  • legislation is a reference to that legislation as amended or replaced from time to time;
  • a statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:
    • that Statutory Provision as amended or re-enacted from time to time; and
    • a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision;
  • where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corres­ponding meaning;
  • headings are for convenience only and do not affect the interpretation or form part of this Agreement;
  • a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision in the Agreement;
  • if an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day;
  • if a party consists of more than one person, this Agreement binds them jointly and each of them severally;
  • any party which is a trustee is bound in its capacity as a trustee and personally.

2. Lawful right to order

• • • You should only place an order with us if you have the lawful right to do so.
    • You warrant to us that:
      • you can enter into and perform a legally binding contract with us;
      • you have an active email account and contact telephone number which we can contact you on;
      • the details you provide us are correct, not fraudulent and not misleading in any way;
      • you are authorised to incur the costs of any order you submit using the details you provide to us.
    • If we request you to provide proof of your identity, you must promptly provide us with the information we request.

3. Ordering

• • You agree to be bound by these Terms and Conditions when you submit an order.
  • An order may be submitted to us via our website.
  • You are responsible for the details contained in your order so you must check it carefully before submitting it.
  • Once an order is submitted, it cannot be cancelled or changed unless we agree in writing.

4. Treatment of order

• • An order placed by you is an offer to purchase goods and/or services for the price and pay any applicable delivery fees.
  • Subject to availability
  • Each order is subject to the goods and /or services being available at that time.
  • You acknowledge that from time to time, some goods and/or services may be out of stock, discontinued or otherwise unavailable.
  • We may place restrictions on the quantity of goods and/or services able to be ordered.
  • We will not be liable in any way if any goods and/or services ordered are out of stock, discontinued or otherwise unavailable.

5. Dealing with an order

• • We reserve the right to accept or reject an order (in whole or in part) at any time for any reason.
  • Where we accept an order, we agree to supply the goods and/or services requested in the order for the price in accordance with these Terms and Conditions.
  • Despite any other provision in these Terms and Conditions, we reserve the right to cancel a transaction up until the time of delivery of goods and/or services to you for any reason.
  • If we accept payment from you for an order but subsequently:
    • discover the goods and/or services are out of stock, discontinued or otherwise unavailable; or cancel the transaction, we will promptly return your payment to you.

6. Advertised Goods

• • We may, at any time, for any reason, withdraw or suspend from sale any advertised goods and/or services without notice to you.
  • If we withdraw or suspend from sale any advertised goods and/or services, we will not in any circumstances be liable to you or any other person for any loss suffered or incurred.
  • A picture or image of goods and/or services on our website:
    • is for illustration purposes only;
    • may not depict the actual size or dimensions of goods and/or services;
    • may show the colour of goods and/or services in a manner which is different to the actual colour of goods and/or services, however, we will use our best endeavours to reproduce the goods and/or services as similarly as possible to the images displayed on our website; and
    • may depict accessories which are not offered for purchase or included in the price.

7. Price

• • Subject to clause 2, the price in respect of any goods and/or services is the price specified on our website at the time an order is accepted.
  • You acknowledge and agree that despite our reasonable efforts, goods and/or services may be shown on our website with an incorrect price or with incorrect information due to typographical or similar errors.
  • We will endeavour to correct any error shown on our website promptly after becoming aware of it.
  • Where delivery of goods and/or services is required, the cost of delivery is the cost shown on our website.
  • Unless otherwise specified:
    • the price and cost of delivery is in Australian dollars and inclusive of any applicable GST;
    • the price does not include any taxes, duties or charges imposed or levied in Australia or overseas in connection with the supply of goods and/or services;
    • additional charges may apply to delivery overseas or to regional or remote areas of Australia.
  • You must pay the price without deduction or set-off.

8. Payment

• • In respect of an order, we will charge you and you agree to pay:
    • the price for the ordered goods and/or services; and
    • the applicable cost of delivery,

including any applicable GST.

• You can pay for the goods and/or services ordered and accepted by us by any method specified on our website.
• You acknowledge that your payment must be cleared before we will dispatch the ordered goods and/or services.
• We will render a tax invoice after we have accepted and processed an order.

9. Price change

• • We may at any time prior to an order being accepted, change the price for any goods and/or services without notice to you.

10. Delivery

• • We may from time to time use delivery agents to deliver goods and/or services.
  • You irrevocably authorises us to give your details and details of your order to our delivery agents to enable delivery.
  • We will not be liable for any loss, cost or expense you or any other person might suffer as a result of any delay in the delivery of ordered goods and/or services.
  • We will endeavour to arrange delivery promptly after accepting an order but:
    • we cannot guarantee delivery by a particular date;
    • we will not be responsible if delivery is delayed or not effected due to unforeseen circumstances; and
    • we will not be liable to you or any other person in relation to any loss, damage, cost, expense or injury in relation to any delay or failure to deliver goods and/or services.

11. Place of delivery

• • In your order, you must notify us of the place you wish to have the ordered goods and/or services delivered to.
  • If you fail to arrange a person to accept delivery of the ordered goods and/or services, you agree to pay any additional storage and delivery costs and expenses incurred by us prior to redelivery.

12. Risk

• • Risk in any goods and/or services supplied by us passes to you upon:
    • delivery of the goods and/or services by us to you or our agent, contractor or carrier; or
    • collection of the goods and/or services by you or your agent, contractor or carrier.

13. Returns

• • Unless required at law or otherwise agreed in writing by us, due to the nature of the goods and services we will not accept a return of the goods and/or services.
  • If a return is required at law or agreed in writing by us clauses 3 to 13.7 will apply.
  • A return request must be submitted to us in writing in order for goods returned to be eligible for store credit or exchange.
  • For goods to be eligible for return:
    • they must be in new and unused condition with all original labels and tags attached;
    • they must be unaltered and undamaged;
    • original shipping costs for returned Goods are non-refundable.
  • Eligible returns must be shipped back to us within 30 days from the date of delivery to you.
  • You are responsible for all shipping costs and expenses associated with returning the Goods to us.
  • We do not accept responsibility for Goods that are lost or damaged by your chosen courier when being returned to us.

14. Personal information

• • Information, including personal information (for example, contact details), provided by you will be kept and used by us to process your order in accordance with these terms and conditions and, if applicable, any privacy policy which we may have from time to time.
  • You warrant to us that you have, before you place an order, you have obtained the consent of any other person involved in the order of goods and/or services to us keeping and using their personal information in accordance with these Terms and Conditions and, if applicable, any privacy policy which we may have from time to time.
  • You warrant to us that you will procure the consent of any person we take photographs of prior to us taking their photograph.

15. Coverage

• • You acknowledge and agree that:
    • photographs taken during the course of an event will be at the discretion of us;
    • we will use our best endeavours to capture your special moments however, it is not possible for us to capture everything;
    • we are required to comply with the requirements of the venue and the venue may restrict us from taking photographs or using certain equipment.
  • If you have any specific moments you would like us to capture, please provide these to us in written prior to the date of the event and we will use our best endeavours to capture those moments.

16. Disclaimer

• • For the avoidance of doubt, the disclaimer contained in these Terms and Conditions does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.
  • We do not accept responsibility for any loss, damage, costs or expenses, however caused (including through negligence) which you or any third party may directly or indirectly suffer in connection with your use of our website or the information contained on our website.
  • Subject to any rights you may have at law, we exclude to the fullest extent possible, all guarantees, warranties and implied terms, whether statutory or otherwise relating to the goods or these Terms and Conditions.
  • To the extent permitted at law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
  • If legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
    • if the breach relates to goods:
      • to the replacement of the goods or the supply of equivalent goods;
      • the repair of such goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of the cost of having the goods repairs;
    • if the breach relates to services:
      • the supplying of the services again;
      • the payment of the cost of having the services supplied again; or
      • the maximum extent permitted by legislation.
    • Except in relation to liability for personal injury and except as otherwise stipulated in these Terms and Conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by your or any other person which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed through our website or in respect of any failure or omission on our part to comply with our obligations under these Terms and Conditions.

17. Precautions

• • You must take your own precautions to ensure that your use of our website and any links on our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage or affect your computer.
  • We do not accept any responsibility for any interference or damage to your computer system which arises in relation to your use of our website or its links.
  • Any links on our website are for convenience only and may not be current or maintained.

18. Client’s Usage

• • You are obtaining the goods and/or services for personal use only and must not sell the goods and/or services or authorise the reproduction of the goods by any party unless otherwise agreed in writing by us.
  • We own all copyright in the goods unless, otherwise agreed in writing signed by you and us, we retain all copyright in the works we create.
  • If you wish to acquire the copyright, you will be required to pay a fee for those rights and you grant us an irrevocable, royalty free licence to reproduce the work as an example of our artwork and to use the work as samples, contests, exhibitions, advertising and self-promotion.
  • You acknowledge and agree we may use the goods for samples, contests, exhibitions, advertising and self-promotion.
  • If we are engaged by you for a photography session, we will keep your photographs for up to three months after the photograph was taken and after this period your photographs may be deleted.
  • You release us from any claims arising from or relating to us deleting your photographs three months after the photographs were taken.

19. Indemnities

• • You indemnify us to the fullest extent permitted by law, against any cost, loss or expense the we incur or suffer as a result of or relating to:
    • your failure to comply with these Terms and Conditions;
    • your failure to obtain the consents in clause 14;
    • your use or misuse of this website;
    • any defamatory comments you make about us;
    • any right or power exercised or not exercised by us under these Terms and Conditions or at law generally;
    • enforcing any right or remedy the we may have under these Terms and Conditions or at law generally;
    • any claim, demand, action or legal proceeding made or taken by any person against us which relates in whole or in part to these Terms and Conditions or the transactions it contemplates;
    • any breach of a warranty or breach of a covenant given by you under these Terms and Conditions.

20. Assignment

• • We may assign or novate these Terms and Conditions without your consent.
  • You must not assign, novate or otherwise deal with your rights in relation to these Terms and Conditions without the prior written consent of us.

21. Amendment

• • We reserve the right to vary these Terms and Conditions from time to time.
  • Any variation to the Terms and Conditions will take effect from the time the amended Terms and Conditions are posted on our website.
  • The Terms and Conditions posted on the website at the time an order is placed will apply to that order.

22. Waiver

• • The failure of us at any time to require performance of any obligation under or in connection with these Terms and Conditions is not a waiver of our right to claim damages for breach of that obligation and at any other time to require performance of that or any other obligations under these Terms and Conditions, unless written notice is given to that effect.
  • No waiver of any right under these Terms and Conditions is effective unless it is in writing and signed by the party giving it.

23. Severability

• • The provisions of these Terms and Conditions and parts of each provision will be severable.
  • If any provision is found to be unlawful or unenforceable, then that provision will be read down to the extent necessary to ensure it does not infringe any law or is not otherwise unlawful or unenforceable so as to give it a valid operation to the extent possible.
  • If the infringing provision of these Terms and Conditions cannot be read down it will be deemed to be deleted and the remaining provisions will continue to have their full force and effect.

24. Governing Law and Jurisdiction

• • These Terms and Conditions are governed by the laws in force in Queensland.
  • The parties submit to the jurisdiction of the courts in Queensland exercising jurisdiction with respect to matters concerning these Terms and Conditions.