PhotoMart Pty Ltd Trading Terms & Conditions
Please read and agree to comply at all times with all of PhotoMart Pty Ltd’s terms and conditions before you register or purchase or place an order with PhotoMart Pty Ltd. Some of our trading terms and conditions are life long even if you decide not to trade with us. It is important you understand them all so if you have any questions regarding any of the terms and conditions then please contact us on (02) 4297 0005 or [email protected] before you register or purchase or order from PhotoMart Pty Ltd.
- Seller or Company refers to PhotoMart Pty Ltd and/or its employees.
- Client refers to the person, deputed agent or organisation placing the order.
- Goods or Services or Materials refer to the product for which the Client has placed an order with the Seller.
By registering with the seller, the client is agreeing to be bound by the terms and conditions contained herein.
The client and seller are bound by the terms and conditions contained herein for all orders placed, including but not limited to orders placed using the sellers’ official website, through another website, by electronic transmission, by email, by post or in person.
The terms and conditions are valid for any goods or services provided by the Seller for the Client.
The Client is solely responsible for educating their clients in respect of any relevant information contained in these Terms and Conditions.
The client and seller retain all statutory rights under common law.
At all times the Client’s rights will be protected by the Australian Consumer Rights and Guarantees Act. For major faults the return shipping must be arranged and paid by the Seller and the client can ask for either a refund or replacement. Reference https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund
The pricing, quantity of goods and time of delivery are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates. From time to time due to programming errors the Sellers website may indicate an incorrect price, this incorrect price is not binding on the Seller even after completion of the order and in the case of such an error the Client is not bound to accept the Goods, Services, Materials and will be responsible for the their return.
The freight prices selected by the Client are not binding on the Company. The Company reserves the right to select the method of delivery and the Client agrees to pay the freight price invoiced by the Company.
All invoices from the Seller shall be paid by the Client within seven (7) days of the date of invoice unless otherwise agreed in writing by the Seller. In the event of late payment, the Seller may charge a AUD$75.00 administration fee before and after judgment. For invoices unpaid 30 days after the due date, the Seller may additionally impose a surcharge equal to 21% per month or part thereof for each month the invoice remains unpaid of the outstanding amount. Payments made by the client by means other than direct bank deposit will incur a fee of up to 3% of the invoice total payable with the invoice payment.
The client will reimburse all of the sellers costs incurred in pursuing any of the clients unpaid invoices.
If any amount of the invoice is disputed by the Client, the Client shall inform the Seller, in writing, of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
The Seller reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
Delivery by the Seller will be deemed to have taken place when the goods are handed to the custody of the Client or nominee by a deputed messenger or courier. The goods will be deemed to be of a satisfactory standard and in good condition when the client or nominee has accepted custody of the goods. The Seller will be entitled to charge the Client for any expenses of delivery.
Covid delivery terms amendment:
Due to the new Social Distancing guidelines, courier/freight companies have been forced to amend their delivery practices.
In the interests of community safety and legislation “Contactless Delivery” has been implemented.
This means your goods may be left in a safe place at your nominated address by a deputed messenger or courier.
You may not be handed the goods personally or be required to sign receipt of the goods.
Delivery by the Seller will be deemed to have taken place when the goods are recorded as being delivered by a deputed messenger or courier to your nominated delivery address.
The client will notify the seller in writing and within 24 hours of the recorded delivery of any faults or damage to the goods.
Do not ask for your goods to be delivered to you if you cannot provide a safe place for your goods to be left.
If the client requests/requires special items, products or materials for pending or anticipated orders, then the client shall be liable for all costs of purchasing and storing those items, products or materials regardless of whether the order(s) progresses or not.
- These include but are not limited to:
- Printable media
- Frame stock
- Enhancement or finishing material
In view of the nature of the service, cancellation of any orders by the Client will only be accepted at the sole discretion of the seller. The seller may charge the client any costs, and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
The Seller may cancel the order at any time for any reason. If the Seller cancels the order the Seller may charge the client any costs, and expenses already incurred.
Editing and Incorrect file upload.
It is not the Companies responsibility to check or edit the Clients file for errors. The Company relies on the Client to upload the correct file and will not be held responsible if the Client provides an incorrect file. If the Client requests the Company to edit the Clients file, the Company will not be held responsible for the quality of the editing and the Client agrees to accept this editing.
All written notices to be served on or given to the client shall be sent or delivered to the client’s nominated postage address or email address and shall be treated as having been given upon receipt.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of property or materials it receives from the Client but will not be responsible financially or otherwise for any loss or damage how so ever caused.
Usage of Goods or Services
Unless agreed and indicated in writing by the Company, the Client (and their clients) agree to use the goods or services and materials provided in accordance with the seller’s recommendation.
Pre production of items or products may be required to meet order demands or timelines. Where there are anticipated orders the client accepts liability at full retail price for pre order production items or products.
These include but are not limited to:
- Matboards cut to size
- Frames cut to size
- Glazing/Acrylic cut to size
- All Printed media including Labels, Certificates, Advertising brochures and Branding materials
The client shall maintain strict confidence and shall not disclose to any third party any information, material or techniques relating to the sellers business which comes into the client’s possession and shall not use such information, material or techniques. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by the client of this clause.
Employment of Personnel
Subject to the prior written consent of the Company the Client or an agent acting on behalf of the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company.
The Company warrants that the Goods will be supplied using reasonable care and skill.
The life of the Goods or Materials will vary depending on the environmental conditions and care to which they are subjected to.
The Client (and their clients) acknowledge that the expected life of the Goods or Materials supplied by the Company will be adversely affected in the event that the Goods or Materials are subjected to:
- Periods of sunlight (direct or strongly reflected)
- Airborne pollutants and/or gases
- Humidity or moisture
- UltraViolet light
- Rapid changes in temperature.
- High temperature
The Client (and their clients) acknowledge that the Goods and Materials life will be extended where conservation choices are selected, for example Conservation glass instead of Premium Clear glass. The Company recommends printing onto Hahnemuhle Photo Rag 308, hinge mounting on to acid free backing board, the use of conservation grade mat board and UV blocking conservation glass. These materials are available when the client requests them.
It is solely the Clients responsibility to inform and educate their clients about the best materials to use and their care.
Limitation of Liability
The Company shall not be liable for any claim arising out of the performance, non-performance, Seller induced cancellation of client order(s), delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue, death or personal injury) whether from negligence or otherwise in connection with the supply, non-supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited up to the price paid for the goods or services relating to the event. The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods or services.
Colour management & Printing Colour management – PhotoMart’s services are ICC compliant. Your digital images supplied to us either in-store or online must have an embedded ICC profile, where one does not exist, we will assume it is an AdobeRGB colour space. Due to the fact that each computer monitor is calibrated differently, PhotoMart Pty Ltd cannot guarantee that the colours or tone of images we print will match what you have on your screen. The colour gamut (range of colours) in all printers is limited. If some of your colour is “out of gamut”, we will choose a rendering intent that best translates it by our printers. these colours will be different to what you may have expected. We will print the client’s images in SRGB unless otherwise requested. We advise you to put test prints through regularly.
The Company does not represent or warrant that any files obtained from it or through this website are free from computer viruses, malware or other defects, including but not limited to trojan horses and worms. Any files provided may only be used, on the basis that the user of the provided files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
The Service is protected by Australian and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that may incur as a result of your activities on the Service.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PhotoMart Pty Ltd, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “PhotoMart Pty Ltd AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.