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Website Terms &
Conditions
Website Terms
of Use
Thank you for accessing our website located at www.aboriginalphotoart.com.au
(' the Website '). The Website is owned and
operated by Boase Native Collections (trading as Aboriginal
Photo Art) ABN 95 729 450 731 of PO Box 177, Willetton Western
Australia 6955, Australia (' BNC').
Please read through the following general terms and conditions
which will govern your use of the Website (' Terms
of Use '). By accessing, browsing or using
this Website, you acknowledge that you have read and understood
these Terms of Use and agree to abide by these Terms of Use.
1. Licence to Use Website
BNC grants to you a limited, revocable right to access and
use this Website for personal, non-commercial use only. You
may download a single copy of the Website and, where necessary
for its use as a reference, make a single hard copy.
2. Copyright in Website Content
Copyright in all content contained on this Website subsists
under, and is protected by, the Copyright Act 1968 (Cth) and
international copyright laws and unless stated otherwise,
is owned by BNC. Except as permitted under these Terms of
Use and applicable laws, no part of this Website may be otherwise
reproduced, adapted or transmitted in any form by any process
without the specific written consent of BNC.
3. Linking to the Website
BNC grants to you a limited, revocable, non-exclusive right
to create a hypertext link to the home page of the Website,
provided that BNC is notified of, and approves, such hyperlink
and such hyperlink does not portray BNC or its products in
a false, misleading or otherwise illegal or offensive manner.
You may not make any part of the Website available as part
of another website by use of inline imaging, framing technologies
or any other method of incorporating parts of the Website
into another site without the prior written consent of BNC.
4. Linked Third Party Websites and Information
The Website may contain links to third party information
and products that are not owned, operated or maintained by
BNC nor affiliated or associated with BNC in any way, unless
indicated on the external site. BNC is not responsible for
the content of any third party material appearing on the Website
or any sites linked to the Website. Such information, advertisements
or links are purely for information purposes only and are
not endorsements of the third party information or sites by
BNC as to their quality, accuracy or completeness. As far
as lawfully possible, BNC accepts no liability or responsibility
for the actions or omissions of users of the Website or linked
sites in relation to the content contained therein.
5. Testimonials
Subject to its legal obligations with respect to privacy,
any testimonials submitted to BNC ( excluding customer
information supplied as part of the online ordering process
) will be considered as having been voluntarily submitted
for use and as non-confidential and non-proprietary information
and BNC is free to use such information on the Website and
otherwise in its sole discretion, whether for commercial or
non-commercial purposes and without liability or compensation
to any person or entity.
6. Limitation of Liability
While all reasonable care is taken to include accurate and
up-to-date information on the Website, the information provided
should not be relied upon as being error free or accurate.
BNC makes no representation or warranty as to the timeliness,
accuracy or completeness of any such material, nor does it
accept any responsibility arising in any way for errors or
omissions. All information provided on the Website is provided
"as is" without warranty of any kind, express or implied,
to the fullest extent possible under law. In no event will
BNC be liable to any party for any direct, indirect, incidental
or consequential damages or losses whatsoever arising from
access to, downloading or use of information or material from
the Website.
7. Changes to the Website
BNC reserves the right to revise, change, modify or delete
the content of any part of the Website, including any product
available through the Website, at any time in its sole discretion
and without prior written notice. BNC does not accept any
responsibility or liability whatsoever for any interruption
or discontinuance of any or all functionality of the Website,
including the online shopping facility, for any reason whatsoever.
8. Updates
BNC reserves the right to revise, change or modify these
Terms of Use at any time by posting new terms on the Website.
You are bound by any such revisions and should therefore visit
the terms each time you visit the Website to review the current
terms by which you must abide.
9. Sales of Photographs through the Website
All sales of photographs through the Website are governed
by the Terms of Sale displayed on the Website.
10. Applicable Laws
This Website is controlled by BNC from offices within Western
Australia. These Terms of Use are governed by the laws of
the State of Western Australia. If you choose to access the
Website from other locations you do so of your own initiative
and are solely responsible for your compliance with applicable
local laws.
Website Terms and Conditions
Welcome to the online ordering facility of www.aboriginalphotoart.com.au
(‘the Website’) owned and operated
by S Boase trading as Aboriginal Photo Art WA BN10229528 of
PO Box 177, Willetton, Western Australia Australia (‘APA’).
The following Terms of Sale will apply to the purchase of
any photographs through the Website (‘thePhotographs’).
In placing your order through the online ordering
facility you acknowledge that you have read, understood and
agree to be bound by these Terms of Sale. If you
do not agree and do not wish to place an order, please return
to our home page.
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Placement of Website Orders
1.1 Completion & Processing of Orders
Your online order has been completed once you have proceeded
through the secure payment system on the Website and clicked
on the ‘PAY NOW’ icon. Once your order has
been processed, you will receive an automatic e-mail confirmation
of the order. A hard copy tax invoice will also be sent
to you when your order is delivered. You may also order
by downloading an order form from the Website, completing
and posting or faxing to APA.
While APA will use all reasonable endeavours to ensure
that the online ordering facility and downloadable order
form on the Website will be available, accurate and error
free, APA will not be responsible or liable in any way
for any interruption or discontinuance of any or all of
the functionality of the Website, including, without limitation,
the online ordering facility or downloadable order form.
1.2 Wholesale & Retail Bulk Orders
APA currently accepts orders through the online ordering
facility on the Website from customers who wish to purchase
the Photographs for personal, non-commercial use only. If
you wish to enquire about placing a bulk order for the purpose
of wholesaling or commercial retailing of the Photographs,
please contact us direct by e-mail info@aboriginalphotoart.com.au
or facsimile +61 8 9354 1688.
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Availability of Photographs
APA appreciates your interest and will endeavour to make
the Photographs available for purchase from the Website
at all times. From time to time however, heavy demand,
limited editions or other factors beyond the control of
APA may render the Photographs temporarily or permanently
unavailable. We will endeavour to notify you if this will
affect your order in any way.
APA may, in its absolute discretion, decline to supply
the Photographs where (a) the Photographs are unavailable
for any reason, (b) an order placed through the Website
has not been received by APA for any reason or (c) full
payment for the Photographs has not been received by APA
from you at the time of ordering the Photographs.
Please note that the colour of Photographs displayed
online may also vary slightly depending upon the individual
user’s monitor and display settings.
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Prices, Tax & Duties
3.1 Prices and Postage & Handling
Prices for the Photographs are the amounts specified
in Australian dollars on the Website as at the date of
purchase (‘Prices’). APA
reserves the right to alter the Prices from time to time
by updating the details on the Website. The Prices are
inclusive of postage and handling charges to Australian
delivery addresses. A postage and handling fee of AUD$20.00
will be added for delivery addresses outside Australia.
3.2 Insurance and Import Duties
The Prices do not include insurance nor customs duties,
taxes or other inbound government charges or fees levied
at the point of entry in countries outside Australia. Should
you wish to arrange for insurance, please contact APA prior
to placing your order through the Website so that it may
provide you with current insurance costs. Customs duties,
taxes and inbound government charges are also your responsibility
and must be paid by you at the time of delivery of the Photographs.
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Payment Terms
Full payment is required at the time of placing your
order through the Website. After entering your order,
contact details and delivery address, you will be required
to enter details of your preferred method of payment.
Payments for online purchases through the Website are
currently accepted by Bankcard, Mastercard and VISA. You
may also elect to download and print our payment form
and fax or post the form to APA with your credit card
details, bank cheque or money order.
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Delivery
5.1 Estimated Delivery Times
APA uses Australia Post, Monday through Friday (excluding
public holidays) to service our local and international
postal needs. We will endeavour to post your order within
five (5) days of your order being received, subject to
availability and time of ordering. You will receive an
e-mail notifying you of the date of despatch of your order
from our premises.
Normal delivery time is five (5) working days from date
of despatch to Australian delivery addresses and 14 -21
days from the date of despatch to delivery addresses in
New Zealand, Canada, USA and UK.
APA will endeavour to deliver in accordance with these
estimated time frames, however as APA is reliant on Australian
and international postal schedules to specific locations
it is unable to guarantee specific delivery dates and
delivery later than these estimated times will not constitute
a valid reason for returns or refunds for the Photographs.
In particular, normal time frames may be exceeded where
remote locations are involved.
5.2 Risk and Title
Risk in the Photographs will pass to you upon despatch
of the Photographs from APA’s premises in Australia.
Notwithstanding the passing of risk, title in the Photographs
delivered will not be passed to you until all amounts
payable by you have been paid in full.
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Customer Service
6.1 Returns, Exchanges and Refunds
In the unlikely event that the Photographs you have purchased
contain a manufacturing fault, are not the same as described
by APA or as shown on the Website or are not suitable
for your intended use if this use was notified to APA
prior to purchase, APA will, at its cost, replace the
Photographs or refund your money, where the Photographs
are returned to PO Box 177, Willetton, Western
Australia 6955, Australia within thirty (30)
days of delivery (‘Warranty Period’)
APA will, however, exercise discretion as to whether
to issue a refund or provide replacement goods where the
Photographs have been abused or damaged in any way by
you or returned to APA outside the Warranty Period (dependant
on the circumstances).
In all other cases, including ‘change of mind’,
APA will exercise its sole discretion as to whether to
accept returns of the Photographs and issue refunds, exchanges
or credits. You will bear the cost of the return of the
unwanted Photographs to APA in these circumstances and
the freight costs of any exchanged or replacement goods
issued to you.
6.2 Cancellation
You should contact APA immediately should you wish to
cancel any order for the Photographs placed through the
Website. Requests for cancellation will be considered
by APA on a case-by-case basis and APA will exercise its
sole discretion in determining whether an order validly
placed through the Website may be cancelled. APA reserves
the right to charge a 10% cancellation fee to cover administrative
costs for any orders cancelled prior to the despatch of
your order.
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Limitation of Liability
Except in relation to any liability which cannot be excluded
at law, in no event will APA be liable or responsible
to you for any loss or damage of any kind whatsoever (including
but not limited to consequential loss or damage) which
may be suffered or incurred by you or which may arise
directly or indirectly out of your selection or use of
the Photographs or the supply, delay or failure to supply
the Photographs by APA.
Where legislation implies into these Terms of Sale any
condition or warranty which cannot be excluded at law,
APA’s liability for breach of any such condition
or warranty will be limited at APA’s sole discretion
to the replacement of the Photographs or the cost of having
the Photographs replaced.
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Privacy
APA is committed to protecting the privacy
of your personal information submitted as part of the
ordering process and will take all necessary steps to
ensure that personal information supplied through the
Website will be protected.
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Governing Law
These Terms of Sale will be construed in accordance with
and governed by the laws of the State of Western Australia
and you agree to submit to the non-exclusive jurisdiction
of the courts of Western Australia. If you choose to access
and use the Website from other locations you do so of
your own initiative and are solely responsible for your
compliance with applicable local laws and regulations.
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