1.0 Definitions
1.1 "Seller" is: Iconophor the Seller's correspondence address is:
PO Box 1074 Williamstown, Melbourne, Victoria Australia 3016
Registered in the State Of Victoria, Australia ABN 82 770 353 868 The seller resells professional photo albums.
1.2 "Buyer" "Visitor"are: a visitor to this web site and/or a Buyer at any point in time before during or after, with or without having engaged in a contract to purchase products with us.
1.3 "Web Site”, "Store", "Shopping Cart" means the entire hardware and software installation that is or supports This Web Site.
1.4 “Goods Products and Services” shall mean the goods and services the Seller offers for sale on this web site including physical goods and egoods (electronic downloads).
1.5 “Content” shall mean all information and images published on this Web Site.
1.6 “Contract” shall mean the contract proposed or entered into for the purchase and sale of the goods and services on this web site.
1.7 "Order" refers to the Buyer's offer, as the Buyer, to purchase Products & Services from the Seller. electronically or via other means.
1.8 "Finished Order" or "Completed Order" means the goods and services that are dispatched by the Seller to the delivery address approved by the Seller which the Buyer have designated
Catalog Area The section of this Web Site where the Buyer views product information including images and descriptions and choose products.
2.0 Basis Of Contract
2.1 The Seller's contract with the Buyer Is based on the Buyer acknowledging and accepting the following. Unless otherwise agreed in writing, these are the Conditions that shall apply;
2.2 The Seller will not knowingly trade with any person under the age of 18 years. By purchasing the Seller's goods and services the Buyer acknowledges that the Buyer is over 18 years of age.
2.3 The Buyer agrees that the Buyer has provided, and will continue to provide accurate, up to date, and complete information about the Buyer. The Seller needs this information to provide the Buyer with the Goods and Services. If the Buyer is placing an order in the capacity or on behalf of a business entity, the Buyer represents and warrants that the Buyer has the authority to make such a binding Contract in its name.
2.4 Where an incorrect address has been given to the Seller with the order, the Seller reserves the right to charge for any extra carriage costs incurred.
2.5 The Seller will apply an Australian GST Tax at the current rate to purchases made within Australia. As such the Seller will apply the tax in accordance to the Buyer's billing address
2.6 The Buyer acknowledges that Goods and Services advertised may not be available from time to time if the advertised Goods and Services advertised have become unavailable.
2.7 Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from the Seller
2.8 Order acceptance and the completion of the contract between the Buyer and the Seller will take place on the dispatch of the Products ordered by the Buyer. The only exception to this will be in the event the Seller notifies the Buyer to inform the Buyer that the Seller does not accept the Buyer's order or in the event the Seller decides to cancel the order.
2.9 The non-acceptance of an order may be a result of products ordered by the Buyer being unavailable from stock or failure of authorisation for the Buyer's payment or a pricing or product description error or any Criteria for eligibility set out in Terms and Conditions not being met or fully met.
3.0 Basis Of Sale
3.1 The images provided on This Web Site may differ slightly to the Product provided to the Buyer due to variances in screen monitors or product batch differences beyond the Seller's control.
3.2 The weight quoted or
described is not the necessarily the Net Weight of the item. Nor is it
intended to represent the exact weight of a specified order. It may include an estimated weight of the item plus packaging
materials and may allow for a margin taking into account
inconsistencies beyond Iconophor's control.
3.3 The quantity and description of Goods and/or Services shall be set out in the Seller's confirmation.
3.4 The Seller may make changes to the product or service from the specification of the Products or service provided it does not materially affect product or service quality or performance required to conform with any applicable statutory requirements where the Products or Services are supplied to the Seller's specification. An example of this may be the Seller offering Kodak Endura Paper as part of a printing service and having to switch to a brand equivalent for whatever reason deemed necessary.
3.5 Any item that is not the specified Product in the Product description on the web page, and that appears in any photograph or illustration will not form part of this Contract. An example of such items are any product in question depicted in a natural context. Such information is for illustration purposes only and may not comprise part of the Products.
3.6 Any specifications or advertising published by the the Seller and any descriptions or illustrations contained within this Web Site will not form part of this Contract. Such information is by way of guidance or illustration purposes only, and may not bear any relationship with Products.
3.7 The Buyer shall not be entitled to assign the Contract or any part of it to any other party or parties without prior written consent from the Seller
3.8 The Seller reserves the right to assign or outsource any part of the contract to any person, firm or company for assistance in it's completion. An example of this may be but not limited to the the Seller utilising the services of professional photo laboratories to process images, or the Seller utilising the services of a gateway payment provider to collect payment.
3.9 No Contract exits between the Seller and the Buyer for the sale of any Products or Services until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller has done so, there is a legal binding Contract between the Seller and the Buyer.
3.10 The Buyer agrees that when the Buyer receives the Product(s) the Buyer will inspect it (them) for any defects or non-conformity within 3 days if there are issues with damage the Buyer agrees to inform the Seller within this time frame. After the 3 day period, the Buyer will have accepted the Product(s).
4.0 Delivery & Fulfillment
4.1 Final delivery charges will be confirmed before despatch and processing of the Order. The Seller will not deliver to addresses which may include motels, hotels and other addressees considered non permanent. in such cases the Seller reserves the right to refuse the order.
4.2 Orders will be delivered to the specified address made within the order unless otherwise agreed in writing by the Buyer and the Seller
4.3 Electronic downloads are available for a limited time after purchase. Notice and details of these limitations are posted in relevant areas of the catalog.
4.4 Goods are dispatched using different methods and time frames depending on their type. Dispatch times vary between Customised Goods, Standard Goods and Egoods. It is the Buyer's responsibility to read all the relevant information provided within the Catalog and become familiar with the relevant dispatch time for any Good and or Service which the Buyer may Order.
4.5 Where Purchase Of Egoods (Electronic Downloads) are concerned: An email is sent from this server to the Buyer to inform the Buyer of the download location. In the event the Buyer has not received the product because the server has not functioned correctly (and it is established so by the Seller) then the Buyer has the option of a full refund on the Buyer's Egood purchase. This is the only situation where the Seller will issue a refund for egoods. There are no exceptions.
4.6 Dispatch time and Shipping/Delivery time are mutually exclusive. Dispatch time is an approximate time quoted by the Seller. It is the time it takes the Seller to prepare and dispatch the Buyer's order. Shipping time is the time quoted by the shipping company or postal service for the Buyer's finished order to arrive once the Seller has dispatched it. The Seller bears no responsibility for the times quoted on this Web Site which have been provided to the Seller by shipping companies or postal services.
4.7 A time estimate Is provided for the despatch of Goods & Services in the catalog area. Although the Seller will make all reasonable attempts to keep the estimate as accurate as possible, there can occur be situations where there are (+ or -) variances in despatch times. In particular there are periods of the year where holiday seasons may cause the fulfillment of an order or delivery of an order to be delayed beyond the quoted times.
4.8 In specified cases some products require that the Buyer upload the Buyer's own digital files so that the order may be fulfilled. In such case the despatch time quoted on this Web Site will be counted as beginning at the point in time which the Buyer's files are successfully delivered to the Seller by the Buyer in the method prescribed in the Catalog area. An example of this is if the Buyer makes an order for an album requiring printing and binding. If in this case the Buyer uploads the Buyers files one week from the time the Buyer purchase is approved, then the dispatch time will be deemed to have started from the time the files have been successfully received by the Seller.
4.9 Orders my not be fulfilled or dispatched on weekends. the Seller is operating in the Australian time zone.
5.1 The Base Rate displayed for products within the store are in AUD. We do attempt to convert the base rate price to a (currency converted) price using the buyer's IP address or by allowing the buyer to select a currency of choice.
5.2 The Buyer agrees that the currency converted prices appearing on this website may not always be available, or thay may not entirely consistent with those charged by our gateway.
5.3 The Seller reserves the right to make corrections to prices in the event there is an error. In the event of such cases occurring the Seller will inform the Buyer of the correction before the processing of payment and the Buyer will have the right to cancel the order.
5.4 In the event payment has already been made by the Buyer and the Seller is not able to supply a product then the Buyer will be refunded or re-credited with the sum already paid by the Buyer. the Seller will refund as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for any disappointment suffered.
5.5 Merchant fee charges will be borne by the Seller. All other charges relating to payment will be borne by the Buyer.
5.6 Any extra duties that are charged or levied by the Buyer's government are not related to the Seller and will be borne by the Buyer.
5.7GST Tax applies to all Australian Billing addresses. A Tax Invoice will be provided.
6.0 Warranties and Liability
6.1 The Seller is bound by the relevant statutory laws of the State Of Victoria and the Australian Commonwealth.
6.2 The Seller shall not be liable to the Buyer for any of the Buyer's loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that the Buyer may suffer as a result of the purchase of goods from the Seller. Any other liability shall be limited to the price paid for the goods.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Seller in accordance with Conditions,the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller ’s sole discretion, refund to Buyer the price of the Goods (or a proportionate part of the price), but the seller shall have no further liability to Buyer.
7.0 Returns Policy
7.1 Customised goods and Egoods are not eligible for refund unless faulty or damaged.
7.2 The seller may designate non customised goods as eligible for refund providing that the goods are in their original pristine condition and merchantable condition complete with any manuals and undamaged original packaging. In such cases the Buyer agrees to pay for is the cost of their return shipping. Products are returned at cost and risk of the Buyer. Goods remain the Buyer's responsibilities until received by the Seller.
7.3 Postage and Packing will only be refunded for faulty, damaged or incorrectly supplied item(s). All refunds are returned to the Payment method that was the Seller had used to pay for the order, and will be processed ASAP after fault is established and goods are received by the Seller, but may take up to two weeks to appear on the account.
8.0 General Disclaimers
8.1 The Seller may alter the Content to the Web Site, or to any of the Goods and Services, at any time and without advance notice.
8.2 The Buyer is advised that Content may include technical inaccuracies or typographical errors.
8.3 The Seller does not provide warranty or make any representation either express or implied, regarding the following:
8.3.1 The adequacy or appropriateness of the Goods and Services for the Buyer's purposes.
implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.2 The compatibility of this web site with the Buyer's own equipment software or telecommunications connection.
9.0 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Web Site Content And Product shall remain the sole property of the Seller . The Seller will strongly protect its rights in all countries and will take any action necessary in law.
9.2 The Visitor or Buyer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from this Web Site without written permission from the Seller.
10.0 System Security
By using this Web Site, the Visitor or Buyer agree that they will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation of this Web Site including but not limited to uploading unauthorised materials, accessing data unlawfully or without consent, attempting to modify, reverse engineer, disassemble, de-compile, copy, any portion of this web site, or any software on this web site, attempting to interfere with services or the hosting network by any means.
11.0 Indemnity
The Buyer agrees to indemnify and hold the Seller harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
12.0 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.0 No Waiver
No waiver by the Seller, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.0 Governing Law
14.1 This Agreement shall be governed by laws of the Commonwealth Of Australia, State of Victoria.
14.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and the payment of any duties thereon.
15.0 Privacy Policy
The Sellers Privacy Policy is incorporated by reference in this Agreement. You can view the Seller's privacy policy on the Privacy Policy page at iconophor.com website. It is the Buyers responsibility to familarise themselves with this Privacy Policy. You can find the Seller's Privacy policy by clicking HERE
16.0 Acceptance And changes to Terms of Use
16.1 You acknowledge and accept that your use of the Seller's Web Site indicates your acceptance of these Terms of Use, Returns policy and the Security and Privacy Statement. You further agree to be bound by the specific terms outlined on the dedicated policy pages pertaining to Returns policy and Privacy Statement.
16.2 These Are the current Terms of Use. They replace any other terms of use for the Seller's Web Site published on the Seller's Web Site to date, the Seller may at any time vary the Terms of Use by publishing the varied Terms of Use on the You Select It Web Site. The Seller is under no obligation to specifically notify You of any variation to these Terms of Use. You accept that by doing this, the Seller has provided You with sufficient notice of the variation. By your use of the Seller's Web Site after any variation, You are taken to have accepted the new Terms of Use.
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