Terms Of Trade

PhotoMart Pty Ltd Trading Terms & Conditions

Version: 1.0
Governing law: New South Wales, Australia

1. Definitions

Company / we / us / our: PhotoMart Pty Ltd (ABN 82 098 212 634) and its employees.
Client / you / your: the person or organisation placing an order.
Goods / Materials / Services: products and services supplied by us.
Order: your request to purchase Goods/Services, whether placed online, by email, in person or by other means.

2. Application of these terms

  • By placing an Order or opening an account, you accept these terms.
  • These terms apply to all Orders. Any additional or different terms proposed by you have no effect unless agreed in writing.
  • Statutory rights: Nothing in these terms limits rights under the Australian Consumer Law (ACL).

3. Quotes, pricing and mistakes

  • Prices shown at checkout or on a quote are in AUD and inclusive/exclusive of GST as stated.
  • Obvious pricing errors: If a manifest typographical or system error creates a materially incorrect price, we may cancel the Order before dispatch, notify you, and offer a refund or reconfirmation.
  • A quote may be varied if you request changes to specifications, quantities or delivery requirements. Variations are confirmed in writing.

4. Freight and delivery (three options only)

You must choose one of:

(a) Customer-arranged freight

  • We provide packed dimensions, weight, pickup address and ready-time.
  • You are responsible for booking, freight charges and transit insurance.
  • Risk passes to you when goods are handed to your carrier.
  • Pickup within 5 business days; storage or re-pack fees may apply after that.

(b) PhotoMart-organised delivery

Domestic:

  • Freight charge at checkout is binding.
  • We may use an equivalent carrier/service if necessary without extra cost.
  • If you request changes (address, service level, ATL, product changes affecting weight/size), a revised at-cost freight fee may apply.
  • If not approved, you may switch to customer-arranged freight or local pickup.

International:

  • We will provide an at-cost freight quote.
  • No dispatch without written approval.
  • If no approval within 2 business days: you may switch to customer-arranged freight or local pickup.

Authority to Leave (ATL):

  • If you opt in, risk of loss/theft after delivery scan is yours.
  • Signature may be mandatory for high-value orders.

(c) Local pickup (Illawarra only)

  • Collection available during nominated pickup hours.
  • Risk passes on collection.
  • Storage or re-pack fees may apply after 5 business days.

General

  • Production times are separate from freight times.
  • Estimated delivery dates are indicative, not guaranteed.

5. Delivery, inspection and transit damage (PhotoMart-booked deliveries)

  • Inspect the carton on delivery; photograph impact damage before opening.
  • Notice windows:
    • Visible/packaging damage: notify within 2 business days.
    • Concealed damage: notify promptly after discovery.
  • Evidence required:
    • outer carton + label (all sides)
    • inner packaging
    • product photos (multiple angles)
    • brief description
    • retain all packaging
  • If confirmed, we will repair, replace or refund.
  • ACL rights are not limited.

6. Orders, custom work and cancellations

  • Deposits may be required for custom work; non-refundable once components are purchased or commenced.
  • Non-refundable components include: cut matboard, cut frame stock, cut glazing/acrylic, printed media, bespoke packaging, made-to-order items.
  • Your cancellation: refund minus incurred non-refundable components.
  • Our cancellation: unavailability, safety, legal compliance or manifest pricing error.

7. Payment, surcharges and late payment

  • Payment due within 7 days unless agreed otherwise.
  • Surcharges for payment methods will not exceed our cost of acceptance.
  • Late payment interest: RBA cash rate + 6% p.a., compounding monthly.
  • You must reimburse evidenced collection costs.
  • Disputes: notify within 7 days; pay the undisputed amount on time.

8. Client files, colour management and editing

  • You are responsible for file accuracy and suitability.
  • We print in sRGB or AdobeRGB.
  • Colour differences may occur due to calibration and gamut limits.
  • File editing is done with reasonable care; aesthetic outcomes remain subjective.

9. Warranty

  • Goods come with non-excludable ACL guarantees.
  • Services are provided with due care and skill.
  • Longevity depends on environment; conservation options recommended.
  • Care requirement:
    • Display indoors in stable temperature/humidity
    • Avoid direct airflow, HVAC, heaters, cold sources
    • Avoid rapid temp changes beyond ±5 °C within 30 minutes

Commercial warranty exclusions (environmental conditions)

Damage from any of the following is excluded:

  • Direct airflow from HVAC
  • Heat/cold sources within 1m
  • Unshaded sun-facing glass
  • Unconditioned spaces (garages, bathrooms, patios)
  • Rapid temperature change or condensing humidity

ACL rights remain unaffected.

10. Liability

  • ACL rights come first and are not limited.
  • For non-major issues, we may repair, replace, resupply, or cover reasonable costs.
  • Liability cap: total amount paid for the affected Order (excludes ACL major failure, injury, fraud).
  • No liability for Consequential Loss unless required by ACL.
  • Not liable for losses you could reasonably have avoided.
  • Both parties benefit from these limits.
  • Non-ACL claims: raise within 6 months.

Consequential Loss: loss not arising naturally from the event (e.g., lost profits, revenue, data).

11. Intellectual property and confidentiality

  • You warrant you own or have licences for supplied content.
  • You grant us a licence to use content solely to fulfil the Order.
  • Both parties must keep confidential non-public information, unless required by law.

12. Privacy and data

  • Personal information is handled per our Privacy Policy.
  • File uploads may be scanned for malware.

13. Force majeure

  • No liability for delays caused by events beyond reasonable control.
  • Timeframes extend for duration of the event.

14. Notices

  • Notices may be sent to your nominated email.
  • You may contact us at [email protected].
  • Email notices are deemed received when server delivery is recorded.

15. General

  • Assignment requires consent unless part of a business sale.
  • If any term is void/unfair, the rest remains effective.
  • This is the entire agreement for the Order.
  • Updated terms apply prospectively.

Annex A — Claims evidence checklist (PhotoMart-booked deliveries)

Provide:

  • Photos of outer carton & shipping label (all sides)
  • Photos of inner packaging
  • Photos of product (multiple angles)
  • Brief description of when damage was noticed
  • Retain all packaging

Inspection or return freight may be arranged at our cost.