Agreed Terms - Online Purchase of Goods
Who we are and how to contact us
www.willandcophotography.com is a website (Site) operated by Willison Family Trust (ABN 93502512735) (trading as Will and Co Photography) and located at U2, 87 Lipson Street, Port Adelaide 5015
To contact us, please email us at email@example.com
Our contract with you
- These terms and conditions (Terms) apply to the order by you for the purchase of the Goods by us to you (Contract).
- The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Placing an order and its acceptance
- Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (the Goods) subject to these Terms.
- Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate
- After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.
- Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Goods confirmed in the Order Confirmation.
Cancelling your order and obtaining a refund
- You may cancel the Contract if you notify us as set out in clause 2 within two days of your receipt of the Order Confirmation. You cannot cancel the Contract after this period of time.
- To cancel the Contract, you must notify us by way of email within 24 hours of ordering the Goods, via firstname.lastname@example.org
- If you cancel the Contract, we will refund you in full for the price you paid for the Goods, by the method you used for payment. Refunds outside of the notice period of 24 hours will be entirely at our sole discretion.
- Once the Goods are received, in the unlikely event that a product is faulty or damaged in transit simply follow the steps below so any problems can be handled promptly by our team.
- All goods must be inspected within 24 hours of delivery. Any claims for damage or quality issues must be raised during this time, claims will not be excepted beyond 24 hours of the goods being delivered
- Notification of any defect or damage must be provided to us within 24 hours of receipt of the Goods. That notification must include details of the nature of the quality issue, flaw or damage to the goods and include digital photographic evidence. Claims will not be excepted beyond 24 hours of the goods being delivered
- Notification to Makers & Merchants Barossa must be made in writing by email to email@example.com please write RETURN into the email subject field.
- Any returns due to faults or damage must be made utilising our approved carriers and transport companies. Goods will only be accepted if returned in their original packaging.
- Provided the returns process is followed, we will at our discretion either refund the purchase price in full or replace the Goods as soon as is reasonably possible.
- We implore that you choose your items carefully as Goods may not be returned due to a “change of mind”, we do not issue refunds or exchanges. We provide photos, detailed descriptions and measurements for each item so that you can make an informed decision about whether you would like to purchase the product. We strongly suggest that you measure the area in which the item is to be placed to ensure that it fits. Only faulty or damaged goods may be returned and are subject to authorisation at our discretion.
- We will not accept returns nor any liability for repair, exchange or refund in respect of defects or damage caused in whole or in part by misuse, abuse, neglect, accident or failure to follow product warning or care information.
- If you have purchased the Goods using a Third Party Payment Provider, and that provider offers a return shipping cost option, the terms and conditions relating to that shall apply, except in circumstances where those terms are inconsistent with these terms.
- It is your responsibility to ensure that:
- the terms of your order are complete and accurate;
- you cooperate with us in all matters relating to the Goods; and
- you provide us with such information and materials we may reasonably require in order to supply the Goods, and ensure that such information is complete and accurate in all material respects.
Services in Australia only
We will only offer the Goods at addresses within Australia.
- In consideration of us providing the Goods, you must pay our charges (Charges) in accordance with this clause 8.
- The Charges are the prices quoted on our site at the time you submit your order.
- If you wish to change the scope of the Goods after we accept your order, and we agree to such change, we will modify the Charges accordingly.
- Our charges are INCLUSIVE of goods and services tax (GST). Where GST is payable in respect of some or all of the Goods, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.
Payment and Delivery
- Payment for the Goods is in advance.
- You can pay for the Goods using a debit card or credit card or using our Third Party Payment Provider.
- When paying for the Goods via a Third Party Payment Provider such as PayPal, you agree to be bound by any terms and conditions of that Third Party Payment Service in addition to this agreement. The Third Party Payment Service or your bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the price of the Goods, or other paid services unless otherwise specified. We accept no responsibility for your use of any Third Party Payment Service.
- You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address. We will not deliver unless all requested delivery details are given when you place your order.
- As a precondition of delivery, you acknowledge that it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
- We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years.
- We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
- We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.
- You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
- You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under "Delivery returns/non-collection" or "Cancellations" above) you agree that title in those products shall pass back to us.
- We may notify you of delivery conditions relating to your particular order at or before the time of processing it.
Intellectual property rights
- All intellectual property rights in or arising out of or in connection with the Goods will be owned by us or by our Makers and Merchants.
- We will use any personal information you provide to us to:
- provide the Goods;
- process your payment for the Goods; and
- inform you about similar goods or services that we provide, but you may stop receiving this information at any time by contacting us.
Limitation of liability
- To the extent permitted by law, the liability of Makers and Merchants Barossa for a breach of a warranty or condition under this agreement or implied by statute or law about the Goods sold, is at the option of Will and Co Photography, limited to: (a) the replacement of the Goods; (b) the supply of equivalent Goods; (c) repair of the Goods; (d) payment of the cost of replacing the Goods; (e) payment of the cost of acquiring equivalent Goods; or (f) payment of the cost of having the Goods repaired. Under no circumstances will we be liable for any consequential or indirect loss, direct or indirect loss of profits, loss of business or any special or exemplary damages suffered or incurred in connection with the Contract or the Goods or any party’s actions or omissions under the Contract.
- Nothing in this Contract limits or excludes our liability:
- for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
- for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
- where liability cannot be limited or excluded by applicable law.
- Subject to clause 2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of Goods under this Contract, including any breach by us of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount paid by you for the Goods.
- If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the Goods or the payment of the cost of resupply.
- Nothing in this Contract limits or affects the exclusions and limitations set out in our terms and condition of use of our website.
- This clause 12 will survive termination of the Contract.
- We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 2.
- We each may disclose the other's confidential information:
- where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);
- if either of us is required to disclose the information by applicable law or the rules of any recognised stock exchange or other document with statutory content requirements, provided that the recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
- where the disclosure is expressly permitted under this Contract;
- if disclosure is made to our respective officers, employees and professional advisers to the extent necessary to enable either of us to properly perform our obligations to conduct our business generally, in which case the we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
- where the disclosure is required for use in legal proceedings regarding this Contract; or
- if the party to whom the information relates has consented in writing before the disclosure.
- Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
- Without affecting any of our other rights, we may suspend the performance of Services, or terminate this Contract with immediate effect by giving written notice to you if you fail to pay any undisputed amount due under this Contract on the due date for payment and you remain in default not less than 30 days after being notified in writing to make such payment.
- Termination of this Contract does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Goods with you after the Event Outside Our Control is over.
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Contract.
Governing law and jurisdiction
These terms and conditions, their subject matter and their formation, are governed by the laws of Western Australia. You and we both agree that the courts in South Australia will have exclusive jurisdiction.