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$10.00 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.
